Merced Superior Court Service and Proof of Service Rules

Before filing an eviction action, the landlord must properly serve the tenant with a 3-day, 30-day, 60-day, or 90-day notice.

Before a Landlord can bring a court action to evict the tenant(s), the landlord must have the tenant(s) properly served with notice (a 3 day, 30 day, 60 day or 90 day notice).

Applies to

Notice

Service

Personal service to opposing party

The notice may be personally served on the tenant by the landlord or another person.

**Personal service:** The landlord or someone else gives the notice directly to the tenant in person.

Applies to

Notice

The person serving the notice must be at least 18 years old.

The person who serves the notice must be at least 18 years old.

Applies to

Notice

If the tenant is absent, the landlord may leave the notice with an adult at the house but must also mail a second copy to the tenant.

**Substitute service:** If the tenant isn't home, the landlord can leave the notice with someone else at least 18 who is at the house AND then they **must** mail a second copy to the tenant at the property.

Applies to

Prejudgment claim of right to possession

Service

Personal service

A sheriff or registered process server must serve a blank Prejudgment Claim of Right to Possession together with the summons and complaint on unknown adult occupants.

Unlike the Summons and Complaint for named tenants, the law requires that a Sheriff or registered process server serve this form for you. The Sheriff or registered process server must serve the form in blank together with the Summons and Complaint on the other unknown adults.

Applies to

Notice

When no one is available, the landlord may post the notice in an easily visible location and must also mail a copy to the tenant.

**"Nail and Mail" (posting) service:** If there is no one home to leave the papers with, the landlord can tape or nail the notice to the front door or somewhere where it can be seen easily, AND then they **must** send a copy by mail to the tenant at the property.

Applies to

Summons complaint answer

After filing, an adult other than the landlord must serve the Summons, Complaint, and blank Answer form on each named tenant.

Next, the Summons and Complaint and a blank Answer form (UD-105) must be served on each tenant named in the complaint in the following manner by someone other than the Landlord who is over age 18:

Applies to

Summons complaint answer

Service

Personal service to opposing party

For personal service, the server gives the papers directly to the tenant in person.

Personal Service: The server personally gives the tenant the papers in person.

Applies to

Summons complaint answer

If the tenant is absent from home or work, the server may give the papers to an adult in charge at the tenant's home or workplace.

Substituted Service: If the tenant is not at home or work when the server comes, the server can give the court papers to an adult in charge where the tenant lives or works.

Applies to

Summons complaint

Service

Mail to opposing party

After substituted service, the server must mail a copy of the Summons and Complaint to the tenant at the service address.

The server must also mail a copy of the Summons and Complaint to the tenant at the address where the papers were left.

Posting and mailing require court permission after unsuccessful attempts at personal and substitute service, supported by a declaration.

The landlord can only use this type of service if the court gives him/her permission. To ask the court, the server must first try to serve the tenant in person and by substitute service, and write a declaration for the court explaining that they were not successful.

Service

Mail

When posting and mailing is authorized, the server must post one copy of the summons and complaint at the property and mail another copy there.

If the judge lets the landlord serve by posting and mailing, the server has to post a copy of the summons and complaint on the property where the tenant will see it, and send another copy by mail to the property

After service on each defendant and any unknown adults, the person serving the documents must complete a Proof of Service and file it with the court.

After service of the documents on each defendant in the case (and possibly unknown adults), a Proof of Service must be completed by the person serving the documents showing when and how the documents were served and upon whom and that Proof of Service form must be filed with the Court.

Applies to

Prejudgment claim of right to possession

When a Prejudgment Claim of Right to Possession is served, the sheriff or registered process server must complete and file a Proof of Service with the clerk.

If the Prejudgment Claim of Right to Possession is served a Proof of Service must be completed by the Sheriff or registered process server and filed with the clerk as well.

Applies to

Civil case cover sheet

In a complex civil case, a copy of the Civil Case Cover Sheet must be served on all other parties to the action or proceeding.

If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or proceeding.

Applies to

Notice of related case

When known related cases exist, a Notice of Related Case must be filed and served; Form CM-015 may be used.

If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.)

Applies to

Civil case cover sheet

When the plaintiff designates a case as complex, the cover sheet must be served with the complaint on every party.

If a plaintiff designates a case as complex, the cover sheet must be served with the complaint on all parties to the action.

Applies to

Written response

A copy of the written response must be served on the plaintiff when the response is filed.

have a copy served on the plaintiff

Applies to

Proof of service

A separate proof-of-service form must be completed for each defendant.

Fill out one proof of service form for each defendant.

Applies to

Notice

Service

Personal service

The notice may be served by personally handing a copy to the defendant.

by personally handing a copy to defendant on (date):

Applies to

Notice

Service

Personal service

The notice may be served by leaving a copy with a person of suitable age and discretion at the defendant's residence or business, with required mailing in the stated circumstances.

by leaving a copy with (name or description): a person of suitable age and discretion, on (date): at defendant's

Applies to

Notice

The notice may be served by posting a copy on the premises under the specified additional-delivery circumstances.

by posting a copy on the premises on (date):

Applies to

Notice

Service

Mail

A copy must be sent to defendant by certified or registered mail on the specified date.

by sending a copy by certified or registered mail addressed to defendant on (date):

Applies to

Notice

For nonresidential tenancies, the notice may be served in the manner specified in the written commercial lease.

in the manner specified in a written commercial lease between the parties.

Applies to

Notice

Service

Personal service

Service may be made on behalf of all defendants who signed a joint written rental agreement.

was served on behalf of all defendants who signed a joint written rental agreement.

Applies to

Complaint

Proof of service of the notice must be attached to the complaint and labeled Exhibit 3.

Proof of service of the notice in item 7a is attached and labeled Exhibit 3.

Applies to

Complaint

A copy of the notice must be attached to the complaint and labeled Exhibit 2.

Attach a copy of the notice and label it "Exhibit 2).

Applies to

Complaint

A copy of the proof of service for the notice must be attached as Exhibit 3.

Check box d and attach a copy of the Proof of Service of the notice in item 7a and label it "Exhibit 3."

Applies to

Prejudgment claim of right to possession

Service

Personal service to all parties

Only a marshal, sheriff, or registered process server may personally serve the Prejudgment Claim of Right to Possession on all persons at the residence.

Only a marshal, sheriff, or registered process server may serve a Prejudgment Claim of Right to Possession on all persons at the residence at the time of service.

Applies to

Prejudgment claim of right to possession

The Prejudgment Claim of Right to Possession must be posted conspicuously at the residence.

It must also be posted in a conspicuous place (such as a door) AND mailed to the residence.

Applies to

Prejudgment claim of right to possession

Service

Mail to all parties

The mailed Prejudgment Claim of Right to Possession must be addressed to “All Occupants.”

It must be addressed to “All Occupants.”

Applies to

Proof of service

A separate proof of service is required for each party served.

(Separate proof of service is required for each party served.)

Service

Personal service

The person serving summons must be at least 18 years old and must not be a party to the action.

At the time of service I was at least 18 years of age and not a party to this action.

Service

Personal service

For substituted service, the server must inform the recipient of the general nature of the papers being served.

I informed him or her of the general nature of the papers.

Service

Mail

When substituted service is made under the stated procedure, copies must be mailed first-class and postage prepaid to the person served.

I thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be served at the place where the copies were left (Code Civ. Proc., § 415.20).

Service

Mail

Service by mail with acknowledgment requires two copies of the Notice and Acknowledgment of Receipt, a postage-paid return envelope, and attachment of the completed notice.

with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed to me. (Attach completed Notice and Acknowledgement of Receipt.) (Code Civ. Proc., § 415.30.)

Service

Mail

When service by mail is made at an address outside California, return receipt must be requested.

to an address outside California with return receipt requested. (Code Civ. Proc., § 415.40.)

The process server must be at least 18 years old and uninvolved in the case.

Process Server: You must be at least 18 years old and not involved with this case.

Applies to

Legal papers

Service

Personal service

When papers are delivered to the defendant or an authorized agent, use personal service and record the date and time.

Check by personal service if you delivered the papers to the Defendant or their authorized agent for service. Include the date and time.

Applies to

Legal papers

When papers are left with someone other than the defendant, use substituted service and record the date, time, and recipient’s name and relationship or title.

Check by substituted service if you left the papers with someone other than the Defendant. Include date and time. Write the name of the person, their title or relationship to the Defendant.

Applies to

Legal papers

Service

Mail

Substituted service requires checking the applicable box, mailing copies to the defendant’s residence, and recording the mailing date and city.

If you served the documents by substitute service, you must check (4) and ALSO mail copies of the papers to the Defendant at the address of the residence. Include date and city of mailing.

Applies to

Proof of service

A declaration of diligence must be attached when service on a defendant is by substituted service.

If you served a defendant by substituted service, check the box that says you are attaching a declaration of diligence and attach one.

Applies to

Legal papers

Service

Mail

First-class prepaid mail may be used to serve the legal papers, and the proof must include the mailing date and city.

Check c., if you served the legal papers using first class mail and postage prepaid. Include date and city of mailing (example: Fresno).

Applies to

Legal papers

Service

Mail

When service by mail is to an out-of-state address, use return receipt requested, restrict delivery to the defendant, and attach the signed receipt or other receipt evidence.

Check box 4, IF you mailed the legal papers to an address outside of California with "return receipt requested." You must also attach the signed return receipt or other evidence showing that the defendant actually received the letter (this is done by restricting delivery to the defendant only).

Applies to

Answer

The Answer—Unlawful Detainer form (UD-105) must be served on defendants in blank form.

This form is served on defendant(s). The defendant(s) may choose to complete and file this form within five days of service. It must be served blank.

Service

Mail to all parties

When the form is served by mail, a person other than a party must complete and sign the proof of service; an unsigned proof is served with the form, and the form and completed proof are given to the clerk for filing.

After having the parties served by mail with the Request/Counter-Request to Set Case for Trial—Unlawful Detainer, (form UD-150), have the person who mailed the form UD-150 complete this Proof of Service by Mail. An unsigned copy of the Proof of Service by Mail should be completed and served with form UD-150. Give the Request/Counter-Request to Set Case for Trial—Unlawful Detainer (form UD-150) and the completed Proof of Service by Mail to the clerk for filing.

Service

Mail

A self-represented party must have someone else mail the papers and sign the proof of service by mail.

If you are representing yourself, someone else must mail these papers and sign the Proof of Service by Mail.

Applies to

Request for entry of default

Service

Mail to opposing party

A copy of the Request for Entry of Default must be mailed first-class, postage prepaid, in a sealed envelope to each defendant's attorney of record or, if none, to the defendant's last known address.

A copy of this Request for Entry of Default was a. ☐ not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney (names): b. ☐ mailed first-class, postage prepaid, in a sealed envelope addressed to each defendant's attorney of record or, if none, to each defendant's last known address as follows:

Applies to

Declaration for default judgment by court

The original proof of service of the notice, or a copy, must be attached to the declaration for default judgment unless it was already attached to the original complaint.

8. Proof of service of notice. The original or copy of the proof of service of the notice in item 6a is attached to (specify): a. ☐ the original complaint. b. ☐ this declaration, labeled Exhibit 8b. (The original or copy of the proof of service MUST be attached to this declaration if not attached to the original complaint.)

A registered process server may serve the writ only in accordance with CCP 699.080 or CCP 715.040.

2. To any registered process server: You are authorized to serve this writ only in accord with CCP 699.080 or CCP 715.040.

When option (1) is selected, a proof of service on a prejudgment claim of right to possession must be filed with the court.

If you choose (1), a "proof of service on a prejudgment claim of right to possession" must be filed with the court.

Applies to

Media request

Service

Email to all parties

A scanned copy of the filed media request must be emailed to all parties or attorneys of record.

E-mail a scanned copy of the filed request to all parties or attorneys of record pursuant to Rule 1.150(1).

Applies to

Paper

Service

Electronic service

Each represented party must furnish an electronic service address when it first electronically files a paper, and each party may have only one E-Service address per case.

Consistent with California Rules of Court, Rule 2.251 (c), each represented party must furnish that party's electronic service address ("E-Service address) on the first occasion that the party electronically files any paper. Each party can have only one E-Service address in each case.

Applies to

Notice of change of e service address

When a party changes its E-Service address, it must serve the notice of change on every other party or that party's attorney.

A party whose E-Service address changes while the action or proceeding is pending must promptly electronically file a notice of change of E-Service address or Judicial Council Form EFS 010, Notice to Change Electronic Service Address, with the Court, and must serve this notice on all other parties or their attorney(s) ofrecord.

All subpoenas must be served on the CASA executive director at the Merced County CASA office.

All subpoenas are to be served on the CASA program's executive director at the Merced County CASA program's office.

Deadline

10 calendar days

A serving CASA must serve its written hearing reports on the parties and/or their counsel at least 10 calendar days before the hearings.

A. 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 ten (10) calendar days before the hearings.

Deadline

5 calendar days

A CASA may submit reports for noticed special hearings, but any such report must be served on the parties and/or their counsel at least five calendar days before the hearing.

The CASA may also submit reports for any special hearings noticed to CASA of Merced County and if submitted, those written CASA reports must be filed and served on the parties and/or their counsel at least five (5) calendar days before the hearing.

Applies to

Report

Copies of CASA reports concerning pending hearings may be provided only to the parties and their counsel.

Only parties and their counsel are entitled to receive copies of CASA reports prepared in connection with pending hearings.

Applies to

Report

De facto parents may receive CASA reports only when a court order directs distribution to them.

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.

Applies to

Report

Relatives, foster parents, and service providers may receive CASA reports only if a specific court order authorizes distribution.

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

Report

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

CASA Court reports shall be copied and distributed by CASA of Merced County staff.

Deadline

5 calendar days

The listed participants must be served at least five days before the hearing.

including the District Attorney’s Office, the Probation Department (if the defendant is on formal probation), defense counsel, the defendant, and/or the protected person at least five (5) days before the hearing.

When the requesting party is not the protected person, the District Attorney’s office must send the request to the protected person at the last known address.

If the requesting party is not the protected person, the District Attorney’s office shall send a copy of the request to the protected person at their last known address.

Applies to

Restraining order documents

Service

Personal service

The respondent must be personally served at least five days before the hearing by a nonparty adult who is not a witness, and the sheriff’s service fee is waived when a fee-waiver request has been granted.

Personal service on the respondent is required at least five (5) days before the hearing pursuant to California Rules of Court, rule 3.1160(c). Petitioner cannot serve the documents themselves; someone over the age of 18 who is not a party or a witness in the matter can serve the documents. The Merced County Sheriff’s Department-Civil Division provides this service. Their fee is waived if a Request to Waive Fees as been granted by the Court.

Applies to

Notice of inclusion in delay reduction program notice of case management conference

The clerk-provided Delay Reduction Program and Case Management Conference Notice must be served with any complaint or other covered initial pleading, and a copy is placed in the court file.

Upon the filing of any complaint or other initial pleading in any case included with this rule 3.5, the clerk will provide the filing party with a “Notice of Inclusion in Delay Reduction Program/Notice of Case Management Conference.” Said Notice must be served along with the complaint or other initial pleading. A copy of the Notice will be placed in the Court file.

Deadline

5 court days

Applies to

Mandatory settlement conference statement

Each party must be served with the mandatory settlement conference statement at least five court days before the scheduled hearing.

It is mandatory that all parties or counsel shall, at least five (5) court days prior to the scheduled hearing, file with the Clerk of the Superior Court and serve on each party, a mandatory settlement conference statement on Local Form MSC-CV-051

Applies to

Written notice of settlement or disposition

Upon settlement or other disposition, plaintiff must immediately file written notice with the court and serve any involved arbitrator or court-connected ADR neutral.

If a case is settled or otherwise disposed of, the plaintiff must immediately file written notice of the settlement or other disposition with the Court and serve the notice on any arbitrator or other Court-connected ADR neutral involved in the case.

Deadline

6 court days

Applies to

In limine motion

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

Deadline

3 court days

Applies to

In limine 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 initial trial call 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 initial trial call date.

Deadline

5 court days

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

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

Deadline

10 court days

Applies to

Sound recording transcript

For felony trials, the offering party must prepare a sound-recording transcript and serve it and a copy of the recording on all other parties at least 10 court days before trial.

Any party intending to offer a sound recording in evidence at a trial on a felony shall prepare a transcript of the sound recording at least ten (10) court days before trial and serve such transcript and a copy of the recording on all other parties.

Deadline

3 court days

Applies to

Sound recording transcript

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

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

Deadline

3 court days

Applies to

Sound recording transcript

For misdemeanor trials, the offering party must prepare a sound-recording transcript and serve it and a copy of the recording on all other parties at least 3 court days before trial.

Any party intending to offer a sound recording in evidence at a trial on a misdemeanor shall prepare a transcript of the sound recording at least three (3) court days before trial and serve such transcript and a copy of the recording on all other parties.

Deadline

1 court days

Applies to

Sound recording transcript

A party disputing a misdemeanor-trial sound-recording transcript must prepare and serve a transcript identifying disputed portions no later than 1 court day before trial.

Any party disputing the accuracy of the transcript shall prepare his own transcripts of the sound recording identifying the disputed portions and serve that transcript on all other parties no later than one (1) court day before trial.

The Clerk is not responsible for preparing, mailing, or publishing notices.

The Clerk does not handle the preparation, mailing or publication of notices.

Applies to

Petition

The moving party must prepare and submit required notices when filing the applicable petition and is responsible for required mailings and newspaper publications.

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.

Service

Publication

When mailing is correct but publication is defective, the matter must be removed from the calendar and new notice must be provided by publication and mailing.

If the mailing is correct but the publication is defective, the matter must be taken off calendar and a new notice must be given by publication and mailing.

Deadline

10 calendar days

Applies to

Report

A serving CASA must serve written reports on the parties or their counsel at least 10 calendar days before the specified dependency hearings.

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 ten (10) calendar days before each of the following hearings: those dispositional hearings that have been continued pursuant to Welfare and Institutions Code Section 358, subdivision (a) six-month review; twelve-month review (permanency hearing); eighteen-month review (permanency review hearing); selection and implementation hearing (366.26 hearing); and post- permanency planning reviews.

Applies to

Moving papers

Moving papers must be served before the scheduled CCRC date, and a Proof of Service must be filed with the Court.

Moving papers must be served before the scheduled CCRC date and a Proof of Service must be filed with the Court.

Required

Always

Applies to

Moving papers

Service

Other to opposing party

A blank Intake Form must be served on the responding party together with the moving papers.

In addition, they must also serve a blank Intake Form on the responding party along with their moving papers.

Service

Court service to all parties

Any order made on the CCRC's request must be immediately served by the Clerk's office on the parties or their attorney.

Any Order made upon the CCRC’s request shall be immediately served on the parties or their attorney by the Clerk’s office.

The Income and Expense Declaration must be served on the opposing party with the moving or responding papers.

The Income and Expense Declaration filed shall be served on the opposing party with the moving or responding papers.

Applies to

Writ petition

A writ petition must be served on all real parties and respondents when filed with the appellate division.

When filing a petition for writ of mandate or prohibition with the appellate division of the superior court, the petitioner must serve a copy of the petition on all real parties and respondent(s).

Applies to

Writ petition

The writ petition must be filed together with proof of service.

The petition must be filed with the proof of service.

Applies to

Writ petition

The petitioner must provide the opposing party with at least 10 days' notice of the petition for a peremptory writ.

Petitioner must give the opposing party at least 10 days’ notice of the petition for a peremptory writ.

Deadline

5 calendar days

Applies to

Writ petition

The opposing party has five calendar days after receiving notice to file an opposition.

The opposing party must file an opposition within 5 calendar days of receipt of the notice

Applies to

Summons complaint answer

Service

Personal service to opposing party

If the tenant refuses to take the papers, the server may notify the tenant of the service and leave the papers as close to the tenant as possible.

If the tenant won't take the papers, the server can tell the tenant that s/he's being served and leave them as close to the tenant as possible.

Applies to

Prejudgment claim of right to possession

Service

Mail to all parties

When an unknown adult occupant files a Prejudgment Claim of Right to Possession, the clerk must notify all named parties by mail.

If a Prejudgment Claim of Right of Possession is completed by one of the unknown adult occupants and filed with the court, the Clerk of Court will notify all named parties by mail of the filing of this claim and addition of the party.

Applies to

Summons

Proof of service of the summons must be made using Proof of Service of Summons, form POS-010.

(For proof of service of this summons, use Proof of Service of Summons (form POS-010).)

Applies to

Summons

Service

Personal service

The quote identifies personal delivery as the method of service and requires the date to be stated.

by personal delivery on (date):

The requesting party is responsible for serving the modification request on all appropriate parties and agencies.

The requesting party will be responsible for service on all appropriate parties and agencies,

Service

Mail

When publication is correct but mailing is defective, the hearing will normally be continued for the amended notice, without republication.

If the publication is correct but the mailing is defective, the hearing normally will be continued to allow enough time for the mailing of the required amended notice, and republication is not required.

Deadline

5 calendar days

Applies to

Report

A CASA report for a noticed special hearing is optional, but if submitted it must be served on the parties or their counsel at least 5 calendar days before the hearing.

The CASA may also submit reports for any special hearings noticed to CASA of Merced County and if submitted, those written CASA reports must be filed and served on the parties and/or their counsel at least five (5) calendar days before the hearing.

Deadline

2 court days

Applies to

Report

A CASA report for the jurisdictional hearing is optional, but if submitted it must be served on the parties or their counsel at least 2 court days before the hearing.

If the CASA is appointed before jurisdiction is established under Welfare and Institutions Code section 300, the CASA may submit a written report to the Court for consideration by the Court at the jurisdictional hearing; and such report must be filed and served on the parties and/or their counsel at least two (2) Court days before the jurisdictional hearing.

Applies to

Report

Parties and counsel are entitled to CASA reports, while de facto parents, relatives, foster parents, and service providers require a specific court order to receive them.

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

Report

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

CASA Court reports shall be copied and distributed by CASA of Merced County staff.

Service

Mail to all parties

If an objection is filed, the Family Law Clerk's office must set a hearing and notify the parties by mail at their last address on file.

If either party files an objection, the Family Law Clerks’ office shall set the matter for hearing on the objection and notify the parties of the time and date of the Court hearing by mail at their last address on file with the Court.

Documents intended for use in the case in chief must be provided to opposing parties or counsel before the court hearing.

Copies of documents, intended to be offered as part of a case in chief, shall be provided to opposing parties/counsel prior to the Court hearing.

When the District Attorney agrees that probation has expired, a signed stipulation must be filed with the court and a copy served on the Probation Department and defense counsel.

If the District Attorney’s Office agrees probation has expired pursuant to AB1950, a stipulation signed by the District Attorney’s Office shall be filed with the Court and a copy served on the Probation Department and Defense Counsel.

If the District Attorney challenges termination eligibility, Probation and defense counsel must be properly notified, and defense counsel must calendar the matter for judicial determination if necessary.

If the District Attorney’s Office challenges the Probation Department’s determination of termination eligibility, Probation and Defense Counsel will be properly noticed, and Defense Counsel will calendar the matter with the Court for determination of eligibility if necessary.