Lassen Superior Court Service and Proof of Service Rules

CRITICALCivil cases

The placement-change report must be served on counsel of record within five days of the placement change.

Such reports shall be filed with the court, and served on counsel of record in the proceeding, within five days of any change in placement.

CRITICALCivil cases

Reports must be served on counsel of record within five days of a placement change.

Such reports shall be filed with the Court, and served on counsel of record in the proceedings, within five days of any change in placement.

CRITICALProposed or draft document; may not be in force

Applies to

Preliminary declaration of disclosure

In dissolution and legal separation cases, each party must serve the other with a Preliminary Declaration of Disclosure within 90 days after service of the petition.

In dissolution and legal separation cases each party shall serve the other with a Preliminary Declaration of Disclosure no later than ninety (90) days following the service of the Petition for Dissolution or Legal Separation.

CRITICALProposed or draft document; may not be in force

Deadline

5 calendar days

Applies to

Status conference statement

The LSC-FL-100 status conference statement must be served on all other parties at least five calendar days before each case status conference.

A Family Law Case Management: Status Conference Statement (LSC-FL-100) shall be filed and served on all other parties at least five (5) calendar days before each case status conference.

CRITICALProposed or draft document; may not be in force

Deadline

5 court days

Applies to

Moving papers

Proof of service of criminal moving papers must be filed no later than 5 court days before the hearing.

Proof of Service of the moving papers shall be filed no later than five (5) court days before the time appointed for hearing.

CRITICALProposed or draft document; may not be in force

Deadline

5 court days

Service

Personal service to opposing party

The defendant must personally serve the Penal Code section 1538.5 motion and supporting memorandum on the People at least five court days before the preliminary examination.

A motion brought pursuant to section 1538.5 of the Penal Code may be made at the preliminary examination only if at least five (5) court days before the date set for the preliminary examination, the defendant has filed and personally served on the people a written motion accompanied by a Memorandum of Points and Authorities as required by paragraph (2) of subdivision (a) of Penal Code section 1538.5.

CRITICALProposed or draft document; may not be in force

Deadline

2 court days

Service

Personal service to opposing party

The People must personally serve their written response on the defendant or counsel at least two court days before the hearing.

Any written response by the People to the motion shall be filed with the court and personally served on the Defendant or his or her attorney of record at least two (2) court days prior to the hearing at which the motion is to be made.

CRITICALProposed or draft document; may not be in force

Proofs of service for the motion and response must be filed by the date of the preliminary examination.

Proofs of Service must be filed by the date of the preliminary examination.

CRITICALProposed or draft document; may not be in force

Parties must receive notice of an ex parte application by 10:00 a.m. on the day before the scheduled hearing.

All ex parte applications shall comply with California Rules of Court 3.1200 et seq., with notice to parties by 10:00 a.m. on the day prior to the scheduled hearing date and shall include LSC-FL-120, Declaration Regarding Ex Parte Notice.

CRITICALProposed or draft document; may not be in force

Motions in limine made on the day of trial must be served before trial.

Such motions made on the day of trial shall be served and filed prior to trial, be in writing, and have a proposed order in writing.

CRITICALProposed or draft document; may not be in force

Service

Mail to opposing party

A Traffic Court Trial postponement request must be served on the opposing party, and its included Declaration of Service by Mail must be completed and filed with the Court.

The request must be served on the opposing party, and the Declaration of Service by Mail included with form LSC-TR-100 must be completed and filed with the Court.

CRITICALProposed or draft document; may not be in force

A copy of the objection must be served on the party requesting the postponement.

A copy of the objection must be served on the requesting party.

CRITICALProposed or draft document; may not be in force

Applies to

Motion

The moving party must provide the appointed advocate adequate and timely notice of any motion concerning the child.

In any motion concerning the child for whom the advocate has been appointed, the moving party shall provide adequate and timely notice to the advocate appointed for the child.

CRITICALProposed or draft document; may not be in force

Deadline

5 court days

Applies to

Courtcall appearance request

A written LSC-MIS-025 Request for CourtCall Telephonic Appearance form must be served on all parties and delivered to CourtCall at least 5 court days before the hearing.

CourtCall appearances are scheduled, in writing, in advance, by serving on all parties to the action and delivering (via fax, mail, or personal delivery) to CourtCall, not less than 5 court days prior to the hearing date, LSC-MIS-025, Request for CourtCall Telephonic Appearance form, and by paying the stated fee or fee waiver for each CourtCall appearance.

CRITICALProposed or draft document; may not be in force

Deadline

5 court days

Applies to

Request for courtcall appearance form

CourtCall participants must serve the request form on all other parties at least five court days before the hearing.

(a) Attorneys and self-represented litigants electing to make a CourtCall appearance for eligible hearings and conferences shall serve on all other parties in the case the Request for CourtCall Appearance form, fax a copy of the form to CourtCall, and pay the CourtCall appearance fee in the method prescribed, not less than five (5) court days before the hearing date.

CRITICALProposed or draft document; may not be in force

Officers or other parties intending to appear remotely must notify the Court and serve notice on all other parties.

officers or other parties intending to appear remotely must inform the Court of their intention to do so. Additionally, notice of such must be served on all other parties to the proceeding.

CRITICALProposed or draft document; may not be in force

Deadline

3 court days

The witness remote-appearance request must be served on all parties by a means authorized by law no later than three court days before the hearing.

Requests for a witness to appear by Remote Appearance must be made in writing, the attorney for the party calling the witness may make a request on behalf of the witness by filing form RA-025 and serving a copy on all parties by any means authorized by law no later than three (3) court days before the hearing.

CRITICALProposed or draft document; may not be in force

Applies to

Delay reduction program notice

The clerk must provide the Delay Reduction Program Notice when the initial paper is filed, and the notice must be served on each other party with the Summons or other first document served on them.

At the time of filing of the initial paper instituting a subject case, the clerk shall provide to the party or attorney for the party presenting the document for filing LSC-CIV-025, Delay Reduction Program Notice. A copy of that document shall be served upon each other party with the Summons or other first document served upon them.

CRITICALProposed or draft document; may not be in force

Applies to

Complaint

The complaint must be served on all named defendants, and proof of service must be filed within 60 days after the complaint is filed.

The Complaint must be served on all named Defendants and proofs of service on those Defendants must be filed with the court within 60 days after the filing of the Complaint.

CRITICALProposed or draft document; may not be in force

Applies to

Amended complaint

A defendant added by an amended complaint must be served, and proof of service must be filed, within 30 days after the amended complaint is filed.

When the Complaint is amended to add a Defendant, the added Defendant must be served and proof of service must be filed within 30 days after the filing of the amended complaint.

CRITICALProposed or draft document; may not be in force

Applies to

Cross complaint

A cross-complaint against a party who has appeared must be accompanied by proof of service when filed.

A Cross-Complaint against a party who has appeared in the action must be accompanied by proof of service of the Cross-Complaint at the time it is filed.

CRITICALProposed or draft document; may not be in force

Applies to

Cross complaint

If a cross-complaint adds new parties, it must be served on all parties, and proof of service on the new parties must be filed within 30 days after the cross-complaint is filed.

If the Cross-Complaint adds new parties, the Cross-Complaint must be served on all parties, and proofs of service on the new parties must be filed within 30 days of the filing of the Cross-Complaint.

CRITICALProposed or draft document; may not be in force

Each party must serve its case management statement on all other parties no later than 15 calendar days before the case management conference or review.

No later than 15 calendar days before the date set for the case management conference or review, each party must ... serve it on all other parties in the case.

CRITICALProposed or draft document; may not be in force

Law enforcement shall enter the criminal protective order and proof of service into CLETS within one business day of service or receipt of the order from the court.

Law enforcement shall enter the criminal protective order and proof of service into CLETS within one (1) business day from the time of service or receipt from the court.

CRITICALProposed or draft document; may not be in force

The court shall submit proof of service of the Criminal Protective Order to law enforcement within one business day of receipt.

B. The court shall submit proof of service of the Criminal Protective Order to law enforcement within one (1) business day of receipt.

CRITICALProposed or draft document; may not be in force

Documents or information provided to the child custody counselor, evaluator, or mediator must also be provided to the other party, with proof of service submitted before review.

Any documents/information provided by one party and/or that party’s attorney to the child custody recommending counselor/evaluator/mediator must also be provided to the other party and/or their attorney(s). A proof of service form stating that the other party was provided with copies of any information must be submitted to Family Court Services with all documents served on the other party before review by the child custody recommending counselor/evaluator/mediator.

CRITICALProposed or draft document; may not be in force

When information in the declaration changes, the provider must serve an updated version on all parties and specified attorneys, then file it with the court within five days of the change.

When any information contained in the Declaration of Supervised Visitation Provider has changed, the provider must serve an updated version on all parties, their attorneys, and the child’s attorney, and then file with the court within five days of the change in information.

CRITICALProposed or draft document; may not be in force

A provider who becomes ineligible must immediately contact the parties and their attorneys and give the reasons in writing.

In the event a provider becomes ineligible to provide services for any reason, the provider must immediately contact all parties, their attorneys, and the child’s attorney, and must state, in writing, the reasons the provider is no longer eligible.

CRITICAL

In dissolution and legal separation cases, each party must serve the other with a Preliminary Declaration of Disclosure within 90 days after service of the petition.

(a) In dissolution and legal separation cases each party shall serve the other with a Preliminary Declaration of Disclosure no later than ninety (90) days following the service of the Petition for Dissolution or Legal Separation.

CRITICAL

Applies to

Family law case management status conference statement

The status conference statement must be served on all other parties at least five calendar days before each case status conference.

(b) A Family Law Case Management: Status Conference Statement (LSC-FL-100) shall be filed and served on all other parties at least five (5) calendar days before each case status conference.

CRITICAL

Applies to

Trial setting documents

The At-Issue Memorandum filer must serve the listed documents at least 30 days before the first trial setting conference.

(1) The party who has filed the At-Issue Memorandum shall serve and file at least thirty (30) days prior to the first trial setting conference all of the following: A completed Income and Expense Declaration, a current Property Declaration, one for community property and one for separate property, if any, and a completed Family Law Case Management: Settlement Conference Statement (LSC-FL-101).

CRITICAL

Applies to

Trial setting documents

(3) The party not filing the At-Issue Memorandum shall serve and file at least fifteen (15) days prior to the first trial setting conference all of the following:

(3) The party not filing the At-Issue Memorandum shall serve and file at least fifteen (15) days prior to the first trial setting conference all of the following:

CRITICAL

Deadline

10 court days

Criminal moving papers must be served at least ten court days before the hearing, subject to the stated exceptions.

all moving papers in criminal cases shall include a Memorandum of Points and Authorities and shall be served and filed at least ten (10) court days before the time appointed for hearing.

CRITICAL

Deadline

5 court days

Opposition papers in criminal cases must be served at least five court days before the hearing, subject to the stated exceptions.

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

CRITICAL

Deadline

2 court days

Reply papers in criminal cases must be served at least two court days before the hearing, subject to the stated exceptions.

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

CRITICAL

Deadline

5 court days

Service

Personal service

The defendant must personally serve the Penal Code section 1538.5 motion and accompanying memorandum on the People at least five court days before the preliminary examination.

A motion brought pursuant to section 1538.5 of the Penal Code may be made at the preliminary examination only if at least five (5) court days before the date set for the preliminary examination, the defendant has filed and personally served on the people a written motion accompanied by a Memorandum of Points and Authorities as required by paragraph (2) of subdivision (a) of Penal Code section 1538.5.

CRITICAL

Deadline

2 court days

Service

Personal service to opposing party

The People must file and personally serve a written response on the Defendant or counsel at least two court days before the hearing.

Any written response by the People to the motion shall be filed with the court and personally served on the Defendant or his or her attorney of record at least two (2) court days prior to the hearing at which the motion is to be made.

CRITICAL

Proofs of service must be filed by the preliminary examination date.

Proofs of Service must be filed by the date of the preliminary examination.

CRITICAL

Ex parte applications must comply with California Rules of Court 3.1200 et seq., provide notice to parties by 10:00 a.m. the day before the hearing, and include the specified declaration.

All ex parte applications shall comply with California Rules of Court 3.1200 et seq., with notice to parties by 10:00 a.m. on the day prior to the scheduled hearing date and shall include LSC-FL-120, Declaration Regarding Ex Parte Notice.

CRITICAL

Applies to

Motion in limine

Motions in limine made on the trial date must be served before trial.

Such motions made on the day of trial shall be served and filed prior to trial, be in writing, and have a proposed order in writing.

CRITICAL

Applies to

Motion

The moving party must provide adequate and timely notice of any motion concerning the child to the child’s appointed advocate.

In any motion concerning the child for whom the advocate has been appointed, the moving party shall provide adequate and timely notice to the advocate appointed for the child.

CRITICAL

Deadline

5 court days

Applies to

LSC-MIS-025 Request for CourtCall Telephonic Appearance form

To schedule a CourtCall appearance, serve all parties and deliver the request form to CourtCall by fax, mail, or personal delivery at least five court days before the hearing, and pay the fee or use a fee waiver for each appearance.

CourtCall appearances are scheduled, in writing, in advance, by serving on all parties to the action and delivering (via fax, mail, or personal delivery) to CourtCall, not less than 5 court days prior to the hearing date, LSC-MIS-025, Request for CourtCall Telephonic Appearance form, and by paying the stated fee or fee waiver for each CourtCall appearance.

CRITICAL

Deadline

5 court days

Applies to

Request for courtcall appearance form

For a CourtCall appearance, the request form must be served on all other parties, faxed to CourtCall, and the prescribed fee paid at least five court days before the hearing.

(a) Attorneys and self-represented litigants electing to make a CourtCall appearance for eligible hearings and conferences shall serve on all other parties in the case the Request for CourtCall Appearance form, fax a copy of the form to CourtCall, and pay the CourtCall appearance fee in the method prescribed, not less than five (5) court days before the hearing date.

CRITICAL

Officers or other parties intending to appear remotely must inform the Court and serve notice on all other parties; the request may be submitted on form RA-010.

The Defendant’s consent is required to conduct traffic proceedings remotely (PC § 1428.5(a)(1)), officers or other parties intending to appear remotely must inform the Court of their intention to do so. Additionally, notice of such must be served on all other parties to the proceeding. This request can be submitted using Judicial Council form RA-010.

CRITICAL

A defendant may oppose this request by filing Judicial Council form RA-015 with the court and serving all parties.

A defendant may oppose this request by filing Judicial Council form RA-015 with the court and serving all parties.

CRITICAL

Deadline

3 court days

When the witness-calling attorney requests a remote appearance for a witness, a copy must be served on all parties by a legally authorized means no later than three court days before the hearing.

the attorney for the party calling the witness may make a request on behalf of the witness by filing form RA-025 and serving a copy on all parties by any means authorized by law no later than three (3) court days before the hearing.

CRITICAL

Applies to

Delay reduction program notice

When the initial paper is filed, the clerk provides the Delay Reduction Program Notice to the filer, and a copy must be served on each other party with the Summons or other first document served on them.

At the time of filing of the initial paper instituting a subject case, the clerk shall provide to the party or attorney for the party presenting the document for filing LSC-CIV-025, Delay Reduction Program Notice. A copy of that document shall be served upon each other party with the Summons or other first document served upon them.

CRITICAL

Applies to

Cross complaint

A party filing a Cross-Complaint must serve it with the Summons or other first document served on any Cross-Defendant not previously served in the action.

Any party filing a Cross-Complaint shall serve a copy of the document with the Summons or other first document served upon any Cross-Defendants who have not previously been served as a party to the action.

CRITICAL

Applies to

Complaint

The Complaint must be served on all named Defendants, and proofs of service must be filed within 60 days after the Complaint is filed.

The Complaint must be served on all named Defendants and proofs of service on those Defendants must be filed with the court within 60 days after the filing of the Complaint.

CRITICAL

Applies to

Amended complaint

An added Defendant must be served, and proof of service filed, within 30 days after the amended Complaint is filed.

When the Complaint is amended to add a Defendant, the added Defendant must be served and proof of service must be filed within 30 days after the filing of the amended complaint.

CRITICAL

Applies to

Cross complaint

A Cross-Complaint against a party who has appeared must be filed with proof of service.

A Cross-Complaint against a party who has appeared in the action must be accompanied by proof of service of the Cross-Complaint at the time it is filed.

CRITICAL

Applies to

Cross complaint

If a Cross-Complaint adds new parties, it must be served on all parties, and proofs of service on the new parties must be filed within 30 days after filing.

If the Cross-Complaint adds new parties, the Cross-Complaint must be served on all parties, and proofs of service on the new parties must be filed within 30 days of the filing of the Cross-Complaint.

CRITICAL

Deadline

15 calendar days

Applies to

Case management statement

Each party must serve the case management statement on all other parties no later than 15 calendar days before the case management conference or review.

No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case.

CRITICAL

Applies to

Case management statement

For each further case management conference, parties have the same duty to serve the case management statement as for the first conference.

After the first case management conference, the court will normally set one or a series of further case management conferences, for each of which the parties have the same duties as with the first (service and filing of a case management statement and appearance of the party or trial counsel).

CRITICAL

Deadline

1 business days

Law enforcement must enter the criminal protective order and proof of service into CLETS within one business day after service or receipt from the court.

Law enforcement shall enter the criminal protective order and proof of service into CLETS within one (1) business day from the time of service or receipt from the court.

CRITICAL

Deadline

1 business days

The court must submit proof of service of the Criminal Protective Order to law enforcement within one business day of receipt.

The court shall submit proof of service of the Criminal Protective Order to law enforcement within one (1) business day of receipt.

CRITICAL

Information provided to the counselor, evaluator, or mediator must also be provided to the other party, and proof of service must be submitted to Family Court Services before review.

Any documents/information provided by one party and/or that party’s attorney to the child custody recommending counselor/evaluator/mediator must also be provided to the other party and/or their attorney(s). A proof of service form stating that the other party was provided with copies of any information must be submitted to Family Court Services with all documents served on the other party before review by the child custody recommending counselor/evaluator/mediator.

CRITICAL

Applies to

Updated declaration of supervised visitation provider

When declaration information changes, the provider must serve an updated declaration on the specified recipients and file it with the court within five days of the change.

When any information contained in the Declaration of Supervised Visitation Provider has changed, the provider must serve an updated version on all parties, their attorneys, and the child’s attorney, and then file with the court within five days of the change in information.

CRITICAL

A provider who becomes ineligible must immediately contact all parties, their attorneys, and the child’s attorney and state the reasons in writing.

In the event a provider becomes ineligible to provide services for any reason, the provider must immediately contact all parties, their attorneys, and the child’s attorney, and must state, in writing, the reasons the provider is no longer eligible.

CRITICALCriminal cases

Applies to

Postponement request

A postponement request must be served on the opposing party, and its included Declaration of Service by Mail must be completed and filed or the request may be denied.

The request must be served on the opposing party, and the Declaration of Service by Mail included with form LSC-TR-100 must be completed and filed with the Court. Failure to complete and file the required proof of service may result in denial of the request.

CRITICALCriminal cases

Applies to

Postponement objection

A copy of the objection must be served on the party who requested postponement.

A copy of the objection must be served on the requesting party.

WARNINGProposed or draft document; may not be in force

Each filed document must include one original for the court, and the submitting party may provide enough additional copies for service on all parties.

For all documents filed in the case, one original shall be provided to the court, and the submitting party may submit the necessary number of copies to endorse to serve all parties.

WARNINGProposed or draft document; may not be in force

Service and filing requirements and deadlines for this rule follow California Rules of Court, Rule 3.672(h).

For the purposes of this rule, service and filing requirements and deadlines will follow those outlined in California Rules of Court, Rule 3.672(h).

WARNINGProposed or draft document; may not be in force

The service deadlines in this rule apply to civil pleadings, except in unlawful detainer actions, Family Code proceedings, and proceedings with different service requirements prescribed by law.

This rule applies to the service of pleadings in civil cases except for unlawful detainer actions, proceedings under the Family Code, and other proceedings for which different service requirements are prescribed by law.

WARNINGProposed or draft document; may not be in force

Applies to

Case management statement

At further case management conferences, parties have the same duties as at the first, including serving a case management statement and appearing through the party or trial counsel.

After the first case management conference, the court will normally set one or a series of further case management conferences, for each of which the parties have the same duties as with the first (service and filing of a case management statement and appearance of the party or trial counsel).

WARNINGProposed or draft document; may not be in force

After a signed document is fax-filed, another party may demand production of the original; the demand must be served on all other parties and not filed with the court.

At any time after filing a signed facsimile document, any other party may serve a demand for production of the original physically signed document. The demand shall be served on all other parties but not be filed with the court.

WARNINGProposed or draft document; may not be in force

After a signed document is electronically filed, another party may demand production of the original; the demand must be served on all other parties and not filed with the court.

At any time after filing a signed electronically filed document, any other party may serve a demand for production for the original physically signed document. The demand shall be served on all other parties but not be filed with the court.

WARNINGProposed or draft document; may not be in force

A provider must produce a supervised-visitation report when ordered or requested by a parent or attorney, and should send copies to the parties and their attorneys.

The professional provider must produce a report about the supervised visitation if ordered by the court or when a parent or attorney requests it or an attorney for the child. Providers should send copies to all parties, their attorneys, and the attorney for the child.

WARNING

Applies to

Demand for production of original signed document

After a signed fax filing, another party may demand production of the original at any time; the demand must be served on all other parties and not filed with the court.

At any time after filing a signed facsimile document, any other party may serve a demand for production of the original physically signed document. The demand shall be served on all other parties but not be filed with the court.

WARNING

Applies to

Demand for production

After a signed document is electronically filed, another party may demand production of the physical original; the demand must be served on all other parties and not filed with the court.

At any time after filing a signed electronically filed document, any other party may serve a demand for production for the original physically signed document. The demand shall be served on all other parties but not be filed with the court.

INFO

Applies to

Supervised visitation report

Providers are advised to send report copies to all parties, their attorneys, and the child’s attorney.

Providers should send copies to all parties, their attorneys, and the attorney for the child.