Madera Superior Court Service and Proof of Service Rules

Notices of Entry must be sent directly to the litigant, even when a non-attorney court document preparer presents the underlying document for filing.

Notices of Entry shall be sent directly to the litigant, even when presented for filing by a non-attorney court document preparer.

Deadline

3 calendar days

Applies to

Three day notice to quit or pay rent

In an unlawful-detainer eviction case for nonpayment of rent, the plaintiff must serve a compliant three-day notice at least three days before filing.

(a) Where plaintiff seeks eviction, for failure to pay rent, a three-day notice to quit or pay rent clearly showing the amount presently owed must be served on the defendant at least three (3) days prior to the filing of the case.

Deadline

30 calendar days

Applies to

Thirty day notice of termination

In an unlawful-detainer case involving termination of tenancy, the 30-day notice must be served at least 30 days before filing.

In the case of a 30-day notice of termination of tenancy, the notice must be served on the defendant at least thirty (30) days prior to the filing of the case.

Applies to

Three day notice or thirty day notice of termination

The original or a copy of the statutory unlawful-detainer notice must be served and filed in compliance with California Code of Civil Procedure § 1166.

(b) The original or a copy of the three-day notice to quit or 30 day notice of termination of tenancy must be served and filed in accordance with California Code of Civil Procedure § 1166.

Deadline

5 court days

Applies to

Telephonic appearance form

At least five court days before a telephonic hearing, a requesting litigant must complete the form and serve copies on all other litigants, but must not file the original form with the court.

2.7.4 Telephonic Appearance and Service of Form. Not less than five (5) court days before the hearing, a litigant desiring to appear by telephone shall complete the Form and serve copies on all other litigants. The original shall not be filed with the Court. Additionally, when the request is made at the same time as the filing of a motion or response with the Court, the words “COURTCALL TELEPHONE APPEARANCE. REQUESTED” should be printed below the date, department and time of the hearing on the first page of the papers which are filed with the Court. RETAIN THE ORIGINAL FORM IN YOUR FILE. DO NOT FILE IT WITH THE COURT.

Deadline

5 court days

Applies to

Telephonic appearance form

A litigant seeking a telephonic appearance must fax the first page of the form to the Program Administrator at least five court days before the hearing or the appearance may be dropped from the calendar.

2.7.5 Notice by Fax to Program Administrator. Any litigant seeking a telephonic appearance must fax a copy of the first page of the Form to the Program Administrator not less than, five (5) court days prior to the hearing. Failure to advise the Program Administrator will result in the telephone appearance being dropped from the Telephone Appearance Calendar.

Deadline

4 court days

Applies to

Notices of motion demurrers orders to show cause

Notices of motion, demurrers, and orders to show cause must be served and filed under Code of Civil Procedure section 1005 unless the judge grants shortened time, and proper returns and proofs of service must be filed with the clerk by 4:00 p.m. on the fourth court day before the hearing.

3.1.1 Initial Filing. Except as otherwise prescribed by law or these rules, all notices of motion, demurrers and orders to show cause must be served and filed in accordance with Code of Civil Procedure § 1005 unless an order shortening time has been granted by the Judge hearing the matter. Such order shortening time should be included in the order setting the hearing. Proper returns and proofs of service for all notices of motion, demurrers, and orders to show cause must be filed with the Clerk not later than 4:00 p m. on the fourth court day preceding the scheduled hearing.

Applies to

Opposition

Failure to serve and file written opposition may be treated as waiving objections and admitting that the motion or demurrer is meritorious.

Failure to serve and file written opposition may be deemed a waiver of any objections and an admission that the motion or demurrer is meritorious.

Applies to

Summons and complaint

By the first case management conference, plaintiffs must serve the summons and complaint on all defendants and file proofs of service, or submit an application and order for publication of summons; extensions of time for service may not be requested by application and will be considered at the conference.

3.5.6 Service of Parties. Plaintiffs shall have served the summons and complaint on all defendants and shall have filed the proofs of service by the date of the first Case Management Conference. Alternatively, plaintiff may submit an application and order for publication of summons within this period. Parties shall not submit applications for extension of time for service of summons. Requests for additional time to serve summons will be considered at the Case Management Conference.

The declaration must include proof that a copy was served on the plaintiff’s attorney.

and shall include proof of service of a copy on the attorney for the plaintiff.

Applies to

Sound recording transcript

A party offering a sound recording at trial must prepare and serve its transcript and a copy of the recording on all other parties at least 14 days before trial.

Any party intending to offer any sound recording in evidence at trial shall prepare a transcript of the sound recording at least fourteen (14) days before trial and serve such transcript and copy of the recording on all other parties.

Applies to

Sound recording transcript

A party disputing a sound recording transcript must prepare and serve a transcript identifying the disputed portions no later than 3 days before trial.

Any party disputing the accuracy of the transcript shall prepare his own transcript of the sound recording identifying the disputed portions and serve that transcript on all other parties no later than three (3) days before trial.

Applies to

Petition

Before filing a Penal Code section 1203.4 petition in court, the petitioner must serve the Madera County Probation Department.

A person who petitions for a change of plea or setting aside of a verdict under Penal Code, § 1203.4 is required to additionally serve the petition for relief on the Madera County Probation Department prior to filing the petition with the court.

Applies to

Order shortening time

Proof of service must accompany the papers filed in emergency order-shortening-time matters.

In such emergency cases, the Clerk shall place the matter on the calendar upon the filing of said papers, together with the Order Shortening Time and proof of service

A moving party’s supporting and income-and-expense declarations must be served with the motion papers, together with two blank income-and-expense declaration forms.

The moving parties’ supporting declaration and income and expense declaration shall be served with the Request for Order, Order to Show Cause and/or Notice of Motion, which shall be accompanied at the time of service by two blank forms of the petitioner’s/respondent’s income and expense declaration.

Deadline

3 court days

Applies to

Income and expense declaration

A party served with the income-and-expense declaration must complete it in duplicate, serve one copy, and file the other with the Clerk three court days before the hearing.

The party, upon being served, shall complete said income and expense declaration, in duplicate, and serve the moving party’s attorney or party, if self-represented, with one and file the other completed income and expense declaration with the Clerk three (3) court days prior to the hearing.

For a matter to remain on the calendar, proof of service or notice to the clerk that service was effected must be on file or provided.

The return of service of the copy of the Request for Order, Order to Show Cause, or Notice of Motion, theretofore issued by the Court is on file or the Clerk has been advised that such service has been effected, and,

Deadline

10 court days

Applies to

Subpoena

A subpoena and $275 deposit for a Child Custody Recommending Counselor must be delivered to Family Court Services at least ten court days before the attendance date, including subsequent hearings unless the proceeding is continued by the court or further service is waived.

The subpoena and the required deposit under Government Code § 68097.2(b) of $275.00 shall be delivered to the office of Family Court Services not less than ten (10) court days before the date of attendance. For any subsequent hearings, unless the proceeding is continued on the Courts own motion pursuant to Government Code § 68097.2(e) or further service is waived by the court, the subpoena must be delivered to Family Court Services ten (10) court days before the hearing date to which the proceeding is continued.

Applies to

Notice of family law case status conference

The Notice of Family Law Case Status Conference must be served on the respondent with the petition, and proof of service must be returned to the court after service.

This form will be generated and completed by the Court. The Court will provide a hearing date on the Form, pursuant to Rule 5.1.37(a), and return the Form to the Petitioner. The Form is to be served on the Respondent along with the Petition, and a proof of service shall be returned to the Court upon completion of service.

Applies to

Administrative record filing notice

The party lodging the administrative record must file it electronically and serve notice of its filing.

The party lodging the administrative record shall file electronically and serve a notice of such filing for the administrative record.

Applies to

Notice of hearing

A petition copy must accompany each notice of hearing served on a person requesting special notice or in a testamentary trustee’s accounting, and the proof of service must reflect both services.

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. The proof of service shall show service of the copy of the petition as well as the notice of hearing.

Applies to

Notice of hearing

When nonstandard fiduciary fees or commissions are requested, the notice of hearing and petition copy must be served on all interested parties, with proof documenting both services.

Where the fiduciary or attorney is requesting fees or commissions other than those computed by Probate Code §§ 10800 et seq., the notice of hearing and a copy of the petition shall be served on all interested parties. The proof of service shall show service of the copy of the petition as well as the notice of hearing.

A party seeking special or temporary probate letters must give notice to the surviving spouse, proposed ward or conservatee, potentially competing applicants, and other equitably entitled persons.

The party seeking special letters of administration, or temporary letters of guardianship or conservatorship shall give notice of the application to the surviving spouse, proposed ward or proposed conservatee, other persons who might be expected to seek letters and any other person who appears to be equitably entitled to notice.

Service

Mail

When notice is mailed to an heir, devisee, or legatee at the County seat, the filing must include an affidavit or declaration with the proof of mailing describing the due diligence used to locate the recipient.

Where notice is mailed to an heir, devisee, or legatee at the County seat, an affidavit or declaration shall be filed with the proof of mailing showing due diligence made to locate that person.

The temporary-guardian hearing is scheduled upon filing of proof of service, which must be filed by 10:00 a.m. two days before the tentative hearing.

The hearing will be scheduled when proof of service is filed. Proof of service shall be filed no later than 10:00 a.m. 2 days before the tentative hearing.

Applies to

Estate accounting

Service

Mail

The petitioner must provide proof of service by declaration or affidavit showing that notice of the hearing date and a copy of the accounting were mailed to all persons with a beneficial interest in the trust at least ten (10) days before the hearing.

(c) Proof by declaration or affidavit of service by mail at least ten (10) days before the hearing of said petition of a notice of the date of hearing and a copy of the accounting on all persons having a beneficial interest in the trust.

Applies to

Creditor claim motion

The notice of a creditor’s claim approval motion must be served on the heirs.

with service of the notice of motion on the heirs

Applies to

Citation

Upon filing a stepparent-adoption petition, the required citation must be issued and served on the persons and in the manner prescribed by Family Code sections 7881 and 7882.

A citation in the form provided by Family Code § 7880 shall be issued on the filing of the petition and shall be served on the persons and in the manner described in Family Code §§ 7881 and 7882.

Applies to

Order appointing guardianship investigator

In a guardianship petition seeking appointment of a guardian of the person, the petitioner must prepare an Order Appointing Guardianship Investigator and serve it on the office designated by the Court.

In each guardianship case where the petition seeks the appointment of a guardian of the person, the petitioner shall prepare an Order Appointing Guardianship Investigator, and serve a copy on the office of Family Court Services, or on the office of Madera County Child Protective Services, as instructed by the Court.

Applies to

Three day notice or thirty day notice of termination

When personal service is impossible, sheriff service may proceed under Code of Civil Procedure § 1162(a)(3) by posting on the property and mailing the defendant a copy.

(d) Service by the sheriff can be made under the provisions of Code of Civil Procedure § 1162(a)(3), which provides for posting on the property and mailing of a copy to the defendant when defendant cannot be served personally.

Applies to

Three day notice or thirty day notice of termination

The three-day or 30-day unlawful-detainer notice may be served by the plaintiff, another person, or a person age 18 or older acting as the plaintiff's agent.

(c) Service of the three-day notice or 30 day notice can be made by the plaintiff or by a person other than the plaintiff or by a person 18 years of age or older acting as plaintiff’s agent.