Mariposa Superior Court Service and Proof of Service Rules

CRITICAL

After a modification hearing, the Court must send the applicable Family, Juvenile, or Probate Court a copy of the modified order or denial order, including a minute order.

After the hearing on Modification of the Protective Order, the Court shall send to the applicable Family, Juvenile, or Probate Court, for inclusion in its files, a copy of the Modified Protective Order or Order Denying Motion to Modify Criminal Protective Order (or Minute Order).

CRITICAL

When the victim is present, the Court must provide the victim with a copy of the Criminal Protective Order.

If the Victim is present in the Criminal Court when the Criminal Protective Order is issued, the Court shall provide the victim with a copy of the Criminal Protective Order.

CRITICAL

Deadline

6 court days

All other motions in limine must be served on opposing counsel by 4:00 p.m. six court days before the scheduled trial date.

All other motions in limine shall be filed and served on opposing counsel no later than 4:00 p.m., six (6) court days prior to the scheduled trial date.

CRITICAL

Deadline

5 court days

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

The motion shall be served upon all parties at least five court days before the hearing date.

CRITICALCivil cases

The text identifies service of all defendants within 60 days after filing the complaint as a plaintiff responsibility.

Failure of the plaintiff to not: (1) serve all the defendants within 60 days of filing the complaint,

CRITICAL

Deadline

15 calendar days

Each party must serve all other parties with the completed Case Management Statement no later than 15 calendar days before the scheduled Case Management Conference.

No later than fifteen (15) calendar days before the scheduled Case Management Conference, each party shall file with the Court and serve on all other parties a completed Case Management Statement (Judicial Council form CM-110).

CRITICAL

The moving party or self-represented moving party must give notice of an ex parte application to the opposing attorney or self-represented party in accordance with Rule 5.165.

The moving party or moving self-represented party must give notice of an ex parte application to the opposing attorney or self-represented party in accordance with California Rules of Court, Rule 5.165.

CRITICAL

Deadline

3 court days

Applies to

Opposition

Any written opposition to an in limine motion must be served on opposing counsel by 4:00 p.m. three court days before the scheduled trial date.

Written opposition to in limine motions, if any, shall be filed and served on opposing counsel no later than 4:00 p.m., three (3) court days prior to the scheduled trial date.

CRITICAL

Counsel must be provided a copy of the complaint.

Counsel shall be provided with a copy of the complaint.

CRITICAL

Cross-complainants must serve all cross-defendants with the initial case-management notices and notice of any other pending conference date.

Cross-complainants shall serve all cross-defendants with a copy of the initial “Notice of Inclusion in Civil Case Management Program” and “Notice of Case Management Conference” document and shall serve notice of any other pending Case Management Conference hearing date.

CRITICAL

If the victim is absent, the Court must give the District Attorney a copy, and the District Attorney must send it to the victim’s last known address.

If the victim is not present in Court, the Court will provide a copy to the District Attorney who shall send a copy to the Victim at his or her last known address.

CRITICAL

The Settlement Conference Statement must be served on the other party or opposing attorney at least 10 court days before the settlement conference.

At least 10 court days before the settlement conference each party or their attorney shall file and serve on the other party, or the opposing attorney, a Settlement Conference Statement with contents as indicated below:

CRITICAL

Service

Personal service

The requesting person must personally serve the application on the defendant and all other appropriate parties and agencies at least five days before the hearing.

The requesting person will be responsible for personal service of the Application five (5) days before the hearing on the defendant, and all other appropriate parties and agencies, including the District Attorney’s Office, the defendant’s attorney of record, the defendant.

CRITICAL

The declaration giving notice to the Court must be served on all parties.

Notice to the Court shall be given by the filing of a declaration with service on all parties.

CRITICAL

Service

Mail

The moving party, not the Clerk, is responsible for all required notice mailings.

The Clerk of the Court does not handle the preparation, mailing or publication of notices. Notices must be prepared and submitted at the time of filing the applicable petition, and the moving party is responsible for all required mailings and newspaper publications.

CRITICAL

All relevant material must be disclosed to all parties in a timely manner, except material protected by privilege.

Except, as protected by privilege, all relevant material shall be disclosed in a timely fashion to all parties in the case.

CRITICAL

The complainant and attorney must each receive at least five days’ notice of the hearing.

The complainant and attorney shall each be given at least five days’ notice of the hearing.

CRITICAL

For contested hearings, the parties must exchange their witness lists at least five days before the hearing.

In the case of contested hearings, the parties shall exchange lists of all witnesses to be called at least five days prior to the hearing.

CRITICAL

After the modification hearing, the District Attorney must send the victim a copy of the modified order or denial order, including a minute order, at the victim’s last known address.

The District Attorney shall send a copy of the Modified Protective Order, or the Order Denying the Motion to Modify Criminal Protective Order (or Minute Order) to the Victim at his or her last known address.

CRITICAL

Permitted ex parte communications with the mediator must be served on the opposing party; this does not apply to communications between parties made to the mediator.

As more fully stated in Rule 5.235 of the California Rules of Court, when ex parte communications are permitted by the mediator, any such communications shall be in writing and shall be served on the opposing party. This requirement does not apply to communications between parties made to the mediator.

CRITICAL

Qualifying motions in limine must be served on opposing counsel no later than three days before the scheduled trial date.

These motions must be filed with the court and served on opposing counsel no later than three (3) days before the scheduled trial date.

CRITICAL

Service

Mail

When a devisee dies after the decedent, notice must be mailed to the appointed personal representative or, alternatively, another appropriate representative.

In cases where the devisee dies after the decedent, the date of death must be stated and notice must be mailed in care of his or her personal representative if one has been appointed, or alternatively, to another appropriate representative.

CRITICAL

A living-trust trustee who benefits under a will must receive notice.

The trustee of a living trust who is a beneficiary of a will shall be listed as a devisee and noticed.

CRITICALCivil cases

Applies to

Cmc statement

The CMC Statement must be served on all parties.

The CMC statement must also be served on all parties.

CRITICAL

If someone other than the victim requests modification, the District Attorney’s Office must send the application to the victim’s last known address.

If the requesting person is someone other than the Victim, the District Attorney’s Office shall send a copy of the Application to the Victim at his or her last known address.

CRITICAL

Applies to

Jury instruction request

At the start of trial, counsel must serve the written request and attached requested instructions on participating parties and deliver them to the trial judge.

At the commencement of trial counsel shall serve upon all other parties participating in the trial and deliver to the trial judge a written request captioned in the action and entitled “Instructions Requested by (name of party),” to which shall be attached an edited copy of all instructions requested, with one instruction per page and a five-inch margin at the top of the page which may, however, include typical CACI headings, which will not be read to the jury.

CRITICAL

The settlement conference statement must be served on each party at least five Court days before the scheduled conference.

All counsel or self-represented litigants shall, at least five (5) Court days prior to the scheduled settlement conference, file with the Clerk of the Superior Court and serve on each party, a mandatory settlement conference statement containing the following:

WARNING

To waive appearance and oral argument, a party must provide written notice to the Court and all counsel.

A party may waive their right to appear at any Law and Motion hearing by providing the Court and all counsel with written notice of their intent not to appear and to waive oral argument.

INFOCivil cases

The CMC timetable allocates 60 days for service on defendants and filing proofs of service.

60 days for service on defendants and filing of the proofs of service