Kings Superior Court Service and Proof of Service Rules

Deadline

5 court days

An expert's report and qualifications must be disclosed to the opposing party within a reasonable time and no later than five court days before the competency hearing.

The expert’s report and qualifications shall be disclosed to the opposing party within a reasonable time before, but no later than five court days before, the hearing.

Applies to

Document served in open court

Service

Personal service

Documents served by hand in open court may be served conventionally, but the document and proof of service must be electronically filed by the close of the next court day, and the proof must state the original open-court service date.

Documents served by hand in open court during trial (including motions, memoranda of points and authorities, and other matters presented to the court in writing for decision) may be served conventionally. The document and proof of service must be e-filed before the close of business on the court day following service by hand in open court. In addition, the proof of service must reference the date the document was originally served in open court.

Applies to

Notice of change of address

A party changing its electronic notification address must promptly serve notice on all other parties or their attorneys of record.

A party whose electronic notification address changes while the action or proceeding is pending must promptly file a notice of change of address with the court electronically and must serve this notice on all other parties or their attorneys of record.

Deadline

60 calendar days

Applies to

Summons and proof of service

A plaintiff must serve all named defendants and file the original summons and proof of service within 60 days after filing the complaint; notice of judicial assignment must also be served and reflected in the proof of service.

A. A plaintiff shall serve all named defendants, return and file the original summons and proof of service within sixty (60) days from the date the complaint is filed. Notice of Judicial Assignment must be served with the Complaint and Summons and such service reflected in the proof of service filed with the court.

Applies to

Notice of judicial assignment

The Notice of Judicial Assignment must accompany service of the complaint and summons, and that service must be reflected in the proof of service filed with the court.

Notice of Judicial Assignment must be served with the Complaint and Summons and such service reflected in the proof of service filed with the court.

Plaintiff must serve each defendant with a copy of the Notice of Case Management Conference together with the summons and complaint.

Plaintiff shall serve a copy of the Notice of Case Management Conference on each defendant along with the summons and complaint.

Applies to

Cross complaint

A party filing and serving a cross-complaint before the Case Management Conference must serve each new cross-defendant with the conference notice, summons, and cross-complaint.

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.

Applies to

Cross complaint

A new cross-defendant served after the initial conference must receive notice of pending conferences, assigned trial or settlement dates, and other court-set dates or conference orders.

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.

Applies to

Complaint

Plaintiff must serve a defendant newly added or identified after the initial conference with the summons and complaint and notice of pending court dates, assigned conferences, and conference orders.

If the 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 Conference notice must be filed within 60 days after the complaint is filed and may be combined with the proof of service for the summons, complaint, or cross-complaint.

Proof of service of notice of a Case Management Conference shall be filed with the court within sixty (60) days from the date the complaint is filed and may be included in the proof of service of the summons and complaint or cross-complaint.

Applies to

Law and motion matter

A moving party must timely file proof of service; noncompliance may result in removal from calendar, continuance, or sanctions, but the rule does not apply to ex parte matters.

Failure to timely file such proof of service in accordance with California Rules of Court, rule 3.1300, may result in the matter being dropped from calendar or continued, at the court’s option, as well as an order for sanctions payable to other parties inconvenienced by the offending party. This rule does not apply to ex parte matters.

Applies to

Executed order

Service

Other to all parties

The submitting party must serve every other party with a copy of the executed order using a Notice of Entry of Judgment or Order (CIV-130).

C. Once signed, orders submitted to the court pursuant to California Rules of Court, rule 3.1312 will be returned only to the submitting party. It is the responsibility of the submitting party to serve all other parties with a copy of the executed order via Notice of Entry of Judgment or Order (CIV-130).

Applies to

Prerogative writ petition

A verified prerogative-writ petition must be served before filing, and the application must include proof of service on the respondent and real party in interest.

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

Applies to

Prerogative writ petition

A prerogative-writ petition may be filed without proof of service, but the court cannot take action other than summary denial until the service requirements are met.

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

Applies to

Prerogative writ petition

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

B. Manner of Service – A petition must be served in the same manner as summons and complaint.

Applies to

Prerogative writ petition

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

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

Deadline

5 calendar days

Applies to

Alternative writ application

Service

Other

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

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

Applies to

Alternative writ

An issued alternative writ must be served like a summons in a civil action unless the court orders otherwise.

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

Applies to

Unlawful detainer complaint

Within 15 days after filing an unlawful detainer complaint, the plaintiff must serve all named defendants and file proof of service, or file an application for service by posting.

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

Applies to

Unlawful detainer complaint

Service

Publication

When service is made by posting in an unlawful detainer case, proof of service must be filed within 15 days after issuance of the posting order.

If service is made by posting, proof of service must be filed within fifteen (15) days of issuance of the order.

Applies to

Notice of status conference

The plaintiff must serve notice of the unlawful detainer status conference's date, time, and location on all named defendants using the same method as service of the complaint.

Notice of the date, time and location of the status conference shall be served by the plaintiff upon all named defendants in the same manner as the unlawful detainer complaint.

Service

Personal service

Before default or default judgment against a fictitiously named defendant, a compliant proof of service demonstrating personal service of the complaint, summons, and any amendment must be filed.

Before any default or default judgment will be entered by the court against a fictitiously named defendant, a proof of service must be filed which fully complies with the provisions of California Code of Civil Procedure section 474 or otherwise demonstrates personal service upon the fictitiously named defendant of a copy of the Complaint, Summons, and Amendment to Complaint providing adequate notice to the fictitiously named defendant of his involvement in the litigation.

Service

Personal service

Proofs of service for fictitiously named defendants must include a physical description of the individual served.

All proofs of service reflecting service of the Complaint, Summons and/or Amendment to Complaint upon a fictitiously named defendant shall include a physical description of the individual served.

Documents served after default against one or more named defendants must comply with Code of Civil Procedure section 1010.

Service of any documents following the entry of default against one or more named defendants in the litigation shall comply with the provisions of Code of Civil Procedure section 1010.

Applies to

Application for stay of execution

Before filing, the stay-of-execution application must be served on the opposing party or attorney of record by personal delivery, overnight mail, or electronic service, with proof of service filed simultaneously.

Prior to filing, an Application for Stay of Execution must be served via personal delivery, overnight mail, or electronic service upon the opposing party or their attorney of record. Proof of service must accompany the Application at the time of filing.

Deadline

2 court days

Applies to

Opposition

An opposition to a stay-of-execution application must be filed and served at least two court days before the hearing.

The opposition shall be filed and served not less than two (2) court days prior to the hearing.

Applies to

Opposition

Service

Personal service

The opposition may be served by personal delivery, overnight mail, or electronic service.

Service of the opposition shall be completed via personal delivery, overnight mail, or electronic service.

Form MC-012 must be served when a judgment creditor adds accrued post-judgment interest to the enforceable amount sought.

A judgment creditor adding accrued post-judgment interest to the enforceable amount owed on a Writ of Execution or Application for Renewal of Judgment must file and serve Memorandum of Costs After Judgment (form MC-012).

Applies to

Modification motion

The District Attorney must receive notice of a sentence- or probation-modification motion at least fifteen days before the hearing.

Notice of the motion shall be given to the District Attorney at least fifteen (15) days prior to any hearing date for such motion.

Applies to

Modification motion

The moving party must deliver a copy of the motion to the Probation Office at least fifteen days before the hearing.

The moving party must also deliver a copy of the motion to the Probation Office at least fifteen (15) days prior to the date for hearing.

Applies to

Motion in limine

Motions in limine must include proof of service upon the opposing party.

4. All motions in limine with proof of service upon the opposing party attached; and,

Applies to

Sound recording transcript

A copy of any sound-recording transcript that counsel expects to play or offer into evidence must be served on opposing counsel.

Opposing counsel shall be served with a copy of any transcript of any sound recording which counsel expects to play and/or offer into evidence.

Deadline

10 court days

Applies to

Motion

Traffic-case motions must be served at least ten court days before the hearing, and proof of service must be filed with the court.

D. All motions in traffic cases must be filed and served not less than ten (10) court days prior to the scheduled hearing date. Proof of service must be filed with the court.

Applies to

Extension motion

The motion for additional time must be filed and served at least 20 days before the deadline it seeks to extend.

The motion must be filed and served at least twenty (20) days prior to the deadline the party seeks to extend.

Applies to

Written communication or application

After an order directing action on a habeas respondent, the court will not accept a written communication or application for filing unless it has been served on all parties or their attorney of record.

F. The court will not accept for filing any written communication or application that, following issuance of an Order Re: Petition for Writ of Habeas Corpus directing action on the part of the respondent(s), has not been served upon all parties or their attorney of record.

Deadline

5 court days

Applies to

Motion

For motions calendared in Juvenile Court, written notice to opposing counsel and the court may be reduced to five court days, and opposition must be filed and served two court days before the hearing.

All motions calendared in the Juvenile Court must comply with the requirements of the Code of Civil Procedure sections 1010 et seq. and California Rules of Court, rules 3.1110, 3.1113, 3.1115, 3.1320, and 5.544, except that written notice to opposing counsel and the court may be reduced to five (5) court days, and any opposition must be filed and served two (2) court days before the scheduled hearing.

For ex parte applications, notice papers should be served on the listed participants whenever possible, but notice may be excused for immediate and irreparable injury or after a good-faith attempt proves notice impossible.

Whenever possible, the moving and responding papers and any declaration regarding notice must be served on the attorney for each parent, attorney for the child, county counsel, CASA, supervising social worker, and parents who are not represented by counsel. Notice may be excused if the giving of such notice would frustrate the purpose of the order and cause the child to suffer immediate and irreparable injury and/or if, following a good faith attempt, the giving of notice is not possible.

Deadline

5 court days

Applies to

Discovery motion

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

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

Deadline

2 court days

Applies to

Responsive papers

Responsive papers in formal discovery must be filed and 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.

CASA must receive notice of all court proceedings involving children for whom CASA has been appointed.

G. CASA shall receive notice of all court proceedings involving persons for whom they have been appointed.

Applies to

Court filed document

The filing party must serve CASA with every document filed concerning a child for whom CASA has been appointed.

I. CASA shall be served with a copy of all documents filed with the court as to a child for whom they have been appointed. The party filing said document is responsible for service on CASA.

Deadline

10 court days

Applies to

Court report

Unless the court orders otherwise, CASA court reports must be submitted and served on counsel, Child Welfare Services, and Probation at least ten court days before the hearing.

L. All court reports submitted by CASA shall be submitted and served on all parties through their counsel, Child Welfare Services, and Probation in a timely fashion, at least ten (10) court days prior to the scheduled hearing unless otherwise ordered by the court.

Unless the statutory exception or imminent irreparable-injury exception applies, the applicant must give the other party the legally required notice.

Except as provided in Family Code section 6300, unless notice of the application for an ex parte order (including an application for an order shortening time) or a Temporary Restraining Order would result in great irreparable injury to the applicant before the matter can be heard on notice, the applicant shall give the other party the notice required by law.

Notice for an ex parte application must be provided by 10:00 a.m. on the preceding court date.

Notice shall be provided no later than 10:00 a.m. on the preceding court date.

Notice must include a copy of the ex parte Request for Order and all supporting documents accompanying the application.

Notice shall include a copy of the Request for Order that is being submitted on an ex parte basis along with all supporting documents that accompany the ex parte application.

Service

Mail to all parties

A copy of any response filed with the court must be served by mail on all other parties.

A copy of any response filed with the court must be served by mail on all other parties to the case.

The moving party must serve the filed orders within the time limit specified in those orders.

The moving party must serve the filed order(s) within the time limitation specified in the orders.

Except in Domestic Violence Prevention Act proceedings, parties must exchange documentary evidence with opposing parties before or at the meet-and-confer session, subject to a limited impeachment exception.

Except for proceedings under the Domestic Violence Prevention Act, all parties are required to provide copies of documentary evidence to opposing parties and not wait until the time of the hearing to “surprise” the opposing party with proffered documentary evidence except where a document clearly and substantially impeaches the veracity of a party or witness, and the document is used primarily for that purpose. This document exchange must occur prior to or at the meet and confer session.

Copies of all documents submitted for the counselor's consideration must be served on the other party or attorney, or the documents will not be considered.

A copy of all documents must also be served on the other party/attorney or the documents will not be considered.

Applies to

Change of residence notice

Service

Mail to opposing party

Unless the parties have a written agreement, a parent planning a child’s residence change for more than thirty (30) days that affects either parent’s ability to follow the parenting plan must notify the other parent by mail, send a copy to their attorney of record, and, to the extent feasible, provide notice at least forty-five (45) days before the move.

If either parent plans to change the residence of a child, subject to this order, for more than thirty (30) days, and that change will affect the ability of either parent to fulfill this parenting plan, unless there is a written agreement of the parties, the parent contemplating the move shall notify the other parent of said move by mail, return receipt requested and postage prepaid, to the last known address of the parent to be notified. A copy of the notice shall also be sent to that parent’s attorney of record. To the extent feasible, the notice shall be provided within a minimum of forty-five (45) days prior to the proposed change of residence to allow time for mediation of a new agreement concerning custody and visitation.

Applies to

Settlement conference statement

Each party must file and serve a Settlement Conference Statement on the opposing party at least seven days before the settlement conference.

At least seven (7) days before the settlement conference, each party must file with the court and serve on the opposing party a Settlement Conference Statement that must contain the following:

Service

Mail to all parties

Default-entry envelopes mailed by the clerk must use the clerk's return address rather than the moving party's address.

Envelopes provided to the Clerk of the Court for mailing to parties on entry of default must contain the return address of the Clerk of the Court, not the address of the moving party.

Deadline

5 court days

The party objecting to a family law commissioner must serve notice on every party who has appeared at least five court days before the hearing.

Notice of the objection shall also be served on all parties who have appeared in the case by the person asserting the same at least five (5) court days before the hearing on the matter.

Applies to

Request for judicial notice

The written list and Request for Judicial Notice must be served on all litigation parties, and proof of service must be filed timely.

C. The written list and Request for Judicial Notice must be served on all parties to the litigation. Proof of Service shall be filed with the court in a timely manner.

Deadline

30 calendar days

Applies to

Expert written report

Copies of all written reports from a court-appointed expert must be transmitted to counsel and unrepresented parties at least 30 calendar days before trial.

If one or more written reports are issued by such an expert, copies of all such reports shall be transmitted to each counsel or unrepresented party at least thirty (30) calendar days before trial.

In Title IV-D hearings involving DCSS, DCSS is treated as a party and must receive all legally required notices.

B. The DCSS shall be treated as a party in those hearings, and all notices required by law shall be tendered to DCSS accordingly. The hearing shall be held by the Child Support Commissioner.

The telephonic-appearance request must be served on all other parties or their attorneys and DCSS.

The Request must be filed with the court clerk at least twelve (12) court days before the hearing and served on all other parties or their attorneys and DCSS, so that objections can be made, if any.

Service

Mail

When the telephonic-appearance request is served by mail or personal delivery, the service must be reasonably calculated to reach the other parties or their attorneys and DCSS by close of the next court day.

The service of the request by mailing or personal delivery on the other parties or their attorneys and DCSS must be reasonably calculated to apprise the recipient of the Request by close of the next court day.

A party electronically filing a document represents that a signed copy is in its possession or control and may be required to produce it upon demand served on all other parties without filing the demand with the court.

A party who electronically files a document represents that a signed copy of the document is in his or her possession or control. At any time after filing or service of an electronically filed document, the court, or any party to the action, may require the filing party to produce the signed copy of the electronically filed document. The demand shall be served on all other parties but shall not be filed with the court.

Service

Court service

Upon request, the court must issue a sealed summons bearing the case number for electronically filed initiating documents, and personal service of a printed electronic summons has the same legal effect as service of an original summons.

Upon electronic filing of a complaint, petition, or other document that must be served with a summons, a trial court, upon request of the party filing the action, shall issue a summons with the court seal and the case number. The court shall keep the summons in its records. Personal service of a printed form of an electronic summons shall have the same legal effect as personal service of an original summons.

Applies to

Proof of service

Service

Personal service

The proof of service must identify the date the document was originally served in open court.

In addition, the proof of service must reference the date the document was originally served in open court.

Applies to

Notice of calendar removal

Proof of notice to all parties may be made by mail proof of service, a letter documenting mail and telephone notice, or a declaration stating when and how notice was given.

Proof of notification to all parties may be made by proof of service by mail, or by letter indicating that a copy thereof has been sent to all parties and that all parties have also been notified by telephone, or by a declaration indicating when, and in what manner, notice was given to all parties.

Applies to

Counter request to set case for trial

In an unlawful detainer action, the opposing party may object to a Request to Set Case for Trial by serving and filing a counter request within five days.

The opposing party may object to the Request to Set Case for Trial in an unlawful detainer action by serving and filing a counter request within five (5) days.

Applies to

Initial pleading

Service of the initial pleading should be withheld until the early case management conference is completed.

Pending completion of the early case management conference, the initial pleading should not be served.

Applies to

Petition or motion

A copy of any filed petition or motion should be served on the Kings County District Attorney’s Office, with proof of service filed with the court.

C. A copy of any petition/motion filed with the court should be served upon the Kings County District Attorney’s Office and proof of service filed with the court.

Applies to

Noticed motion

Noticed Juvenile Court motions should be accompanied by a proof of service compliant with California Code of Civil Procedure section 1013.

A. Noticed motions should be accompanied by a proof of service compliant with California Code of Civil Procedure section 1013.

Parents and litigants may not serve documents on the other party or parent at Family Court Services during Child Custody Recommending Counseling.

N. Service of Documents. No parent or litigant shall serve documents on the other party/parent at Family Court Services during Child Custody Recommending Counseling.

A declaration under penalty of perjury must be filed and served under the applicable procedures to be assured of consideration on the hearing date.

E. Only those declarations under penalty of perjury which have been filed and served in accordance with Code of Civil Procedure section 1005 and other applicable sections, are assured of consideration on the hearing date.

An electronic notification address remains presumed valid until the party files and serves notice that it is no longer valid.

An electronic notification address is presumed valid for a party if the party files electronic documents with the court from that address and has not filed and served notice that the address is no longer valid.

Applies to

Record on appeal

Service

Electronic service to all parties

After a notice of appeal is filed, the Appellate Division provides the record on appeal electronically by email to parties who maintain a valid email address with the court.

For appeals filed to the Appellate Division of the Kings County Superior Court, the record on appeal will be provided to the parties electronically via email after the notice of appeal has been filed. Parties to an appeal in the Appellate Division are directed to have a valid email address on file with the court to be able to receive the record on appeal via email.

Applies to

Record on appeal

Service

Mail to all parties

A party unable to receive the appellate record by email may obtain a paper copy by written request, and incarcerated persons receive paper copies.

If a party to the appeal is unable to receive the record on appeal through email, a paper copy of the record on appeal will be provided after a written request has been made to the court. Incarcerated persons will receive paper copies of the record on appeal.