Modoc Superior Court Service and Proof of Service Rules

CRITICAL

Deadline

5 court days

Applies to

Supplemental profit and loss statement

Deliver any supplemental profit and loss statement to the other party no later than five court days before the hearing.

Any supplemental profit and loss statement must be delivered to the other party no later than five (5) court days preceding the hearing date.

CRITICAL

Deadline

2 court days

When an out-of-county judge is assigned, counsel must give notice of non-appearance as early as possible and no later than two court days before the hearing.

If an out-of-county judge has been assigned to the case, counsel must give notice of non-appearance at the earliest possible date, in no case later than two (2) court days before the hearing.

CRITICAL

If an estate beneficiary has died, notice must be given as required by California Rules of Court, Rule 7.51(e).

When a beneficiary of the estate has died, notice must be given as required by Rule 7.51(e) of the California Rules of Court.

CRITICAL

Responsive pleadings must be served within 30 days after service of the complaint.

filing and service of responsive pleadings within 30 days of service of the complaint.

CRITICAL

Applies to

Order to show cause

A responding party seeking affirmative relief must file and serve a separate order to show cause or notice of motion.

A responding party seeking affirmative relief must file and serve a separate order to show cause or notice of motion.

CRITICAL

Unless the Court orders otherwise on good cause shown, counsel must deliver the specified jury-trial submissions to the trial judge and opposing counsel or parties by the pretrial conference on the morning of the first trial day.

Absent an order of the Court on good cause shown, all jury instruction requests covering the law as disclosed by the pleadings, all special findings and verdict forms, and all requested jury voir dire questions, must be in writing and must be delivered by counsel to the trial judge and opposing counsel/party(s) no later than the pretrial conference on morning of the first day of the trial.

CRITICAL

Each cross-complainant must serve every cross-defendant with a copy of the Notice when serving the cross-complaint.

All cross-complainants must serve a copy of the Notice upon each cross-defendant at the time the cross-complaint is served.

CRITICAL

A copy of the letter to the Court must be delivered to all other parties at the same time.

A copy of the letter must be delivered to all other parties at the time it is delivered to the Court.

CRITICAL

A party who wants the Mediator to testify must subpoena the Mediator for the scheduled hearing.

A party desiring to have the Mediator testify must subpoena the Mediator for the scheduled hearing.

CRITICAL

Proofs of service for the disclosure declarations required by Family Code §2105 must be filed.

Proofs of service of the disclosure declarations required by Family Code §2105 have been filed.

CRITICAL

Moving and responsive pleadings must be served on the opposing party or attorney and, under the stated conditions, the designated child support agency, in accordance with Code of Civil Procedure section 1005.

Moving and responsive pleadings must be served on the opposing party or attorney, including the designated child support agency if a party has applied for and/or is receiving public assistance, or has referred the matter to such agency, in accordance with Code of Civil Procedure §1005.

CRITICAL

The filing attorney or self-represented party may select the initial hearing date only if the setting allows sufficient time to serve appropriate notice.

The attorney or self-represented party who files the pleading may select the initial hearing date, as long as the setting permits sufficient time for service of appropriate notice.

CRITICAL

When assets or debts are to be disposed of in a default proceeding, proof of service of the disclosure declaration must be submitted.

If there are assets and/or debts to be disposed of by the Court in a default proceeding, the petitioner must submit a completed property declaration that proposes the division of said assets and/or debts, as well as proof of service of the disclosure declaration. (Family Code §2106.)

CRITICAL

Applies to

Special verdict or special findings request

A request for a special verdict or proposed special findings forms must be served before jury voir dire begins.

A party who requests a special verdict or special findings must, in connection with requested instructions, comply with Rule 3.1580 of the California Rules of Court, and must serve and file such request or proposed special findings forms before jury voir dire commences.

CRITICAL

The summons and complaint must be served within 60 days after case initiation.

Service of the Summons and complaint within 60 days of case initiation,

CRITICAL

Court-intended information not provided to the Mediator must be served on the other parties at least five days before the hearing, subject to the stated court-ordered delivery exception.

Information not provided to the Mediator that is intended by a party to be filed with the Court must be served on the other party or parties in accordance with applicable provisions of law and the Local Rules, but in no event fewer than (5) five days before a scheduled hearing. (Exception: said reports must be provided directly to the Mediator when so ordered by the Court.)

CRITICAL

Unless expressly excused by the Court, each party must serve all other parties with a fully completed Judicial Council Form CM-110 no later than five calendar days before every Case Management Conference.

Not later than five (5) calendar days prior to every Case Management Conference (including Additional Case Management Conferences unless expressly excused by the Court), each party must file, and serve on all other parties, a fully-completed case management conference statement prepared on Judicial Council Form CM-110.

CRITICAL

Applies to

Order

If an order concerns custody or visitation and the Court Mediator has seen the parties, the party preparing the order must send the Mediator an endorsed filed copy.

If an order involves custody and/or visitation, and the Court Mediator has seen the parties, an endorsed filed copy of the order must be sent by the party preparing the order to the Court Mediator.

CRITICAL

Pretrial motions must be served in the manner prescribed by Rule 4.111 of the California Rules of Court unless otherwise ordered or provided by law.

The time for filing and the manner of service of pretrial motions must be as set forth in Rule 4.111 of the California Rules of Court unless otherwise ordered or specifically provided by law.

CRITICAL

The appointment order must identify the investigating agency and require the temporary guardian to notify the minor’s parents of the reconsideration hearing in addition to the statutory hearing notice.

The order appointing a temporary guardian will identify the agency that will conduct the investigation, and the order will require that the temporary guardian give notice of the reconsideration hearing to the parents of the minor (this notice is in addition to the notice of hearing required by Probate Code §1511).

CRITICAL

Copies of the required jury instructions must be served on all opposing counsel or unrepresented parties when the instructions are delivered to the trial judge.

At the same time, copies thereof must be served upon all opposing counsel or unrepresented parties.

CRITICAL

Applies to

Trial setting request

Unless a request for entry of default or dismissal has been filed or the case is already set for trial, the plaintiff must serve the trial-setting request within 25 days after filing the unlawful detainer complaint.

Within twenty-five (25) days after filing an unlawful detainer complaint, the plaintiff must file and serve a written request to set the matter for trial, unless a request for entry of default or request for dismissal has been filed, or unless the case has already been set for trial.

CRITICAL

Service

Publication

New notice of the amended or second petition must be published.

new notice thereof must be published.

CRITICAL

Service

Publication

When publication is complete, the petitioner must file the proof of publication and the request to enter default.

Upon completion of publication, the petitioner must all file the proof of publication and the request to enter default.

CRITICAL

Applies to

Order

Service

Mail to opposing party

After an order is signed and filed, the party who prepared it must mail an endorsed filed copy to opposing counsel or the self-represented party.

After an order has been signed by the Court and filed, the party preparing the order must mail an endorsed filed copy to opposing counsel or self-represented party.

CRITICAL

Applies to

Motion papers

Unless otherwise ordered or provided by law, moving, supporting, opposition, and reply papers must be filed and served as required by the cited rules.

Unless otherwise ordered or specifically provided by law, all moving and supporting papers, all papers opposing a motion, and all reply papers must be filed and served as required by Code of Civil Procedure §1005(b), CRC Rule 3.1300.

CRITICAL

Deadline

2 court days

Applies to

Moving papers

After an order shortening time is granted, moving papers must be promptly served on opposing counsel or an unrepresented opposing party and delivered at least two court days before the hearing, unless the Court authorizes otherwise.

In cases where an order shortening time has been granted, the moving papers must be promptly served on the office of opposing counsel or on any unrepresented opposing party, and in no case may they be delivered fewer than two (2) court days preceding the hearing, unless otherwise authorized by the Court.

CRITICAL

Out-of-the-ordinary or unusual motions must be served on opposing counsel.

Motions that are out-of-the-ordinary or unusual (e.g. complex or extensive motions in limine) must be made in writing whenever possible, and served upon opposing counsel.

CRITICAL

Deadline

1 court days

When a hearing opportunity is warranted for an ex parte probate application, the applicant must give specified notice to known interested persons no later than 10:00 AM on the preceding court day.

If a probate application is presented ex parte, and the need for an opportunity to be heard is apparent, the Court will calendar the matter for a hearing as soon as practicable, and will require the applicant, by no later than 10:00 AM of the court day just prior to the hearing date, to give notice of the nature of the application to counsel for any other known interested persons, or to unrepresented known interested persons themselves, together with notice of the proposed time and place of the hearing.

CRITICAL

Copies of the cover letter and proposed order must be served on all parties.

A copy of the cover letter and the proposed order must be served on all parties.

CRITICAL

Service of moving papers is presumed timely if made by noon on the court day before the hearing, while service of opposition papers is presumed timely if made at least four business hours before the hearing.

4. Parties appearing at the ex parte hearing must serve copies of the ex parte application or any written opposition thereto on all other parties who have appeared, at the first reasonable opportunity, which for moving papers will be presumed to be no later than 12:00 P.M. (noon) on the court day just prior to the day of the hearing, and for opposition papers will be presumed to be at least four (4) business hours prior to the hearing.

CRITICAL

If settlement is reported by telephone to the Clerk, a confirmation letter copied to all parties must follow within five days.

Notification may be by telephone to the Clerk, but, in such case, must be followed within five (5) days by a confirmation letter copied to all parties.

CRITICAL

Applies to

Order

If an order involves custody, visitation, and/or support, and the County of Modoc is a party, or a designated child support agency is involved in the collection of support for the benefit of a party to the matter, the party who has prepared the order must sent an endorsed copy of the order must be sent to the support agency.

If an order involves custody, visitation, and/or support, and the County of Modoc is a party, or a designated child support agency is involved in the collection of support for the benefit of a party to the matter, the party who has prepared the order must sent an endorsed copy of the order must be sent to the support agency.

CRITICAL

Specified writ petitions must be served on the respondent in the same manner as a summons and complaint, and proof of service must be filed before the hearing on the motion or order to show cause.

All petitions for writs of mandate, for prohibition, or for administrative mandamus or prohibition must be served upon the respondent in the same manner as a summons and complaint. Proof of service thereof must be filed with the Court prior to the hearing on any motion or order to show cause for issuance of the requested writ as specified in Local Rule 3.02(B).

CRITICAL

For a contested trial, both parties must serve the statement at least 20 days before trial, or at least 10 days before a settlement conference if one is set.

When a matter is set for a contested trial, both parties must file and serve a “Statement of Issues, Contentions, and Proposed Disposition of the Case” (hereinafter referred to as the “statement of issues” or “settlement statement”) at least twenty (20) days prior to the trial date or at least ten (10) days prior to the settlement conference if one is set.

CRITICAL

If the Public Administrator may have priority to serve as personal representative, notice must be given to the District Attorney.

In all cases where it appears the Public Administrator may have priority to serve as personal representative of an estate, notice to the District Attorney must be given.

CRITICAL

Any document a CASA advocate files in Juvenile Court proceedings, including a CASA Report, must be accompanied by proof of service stating the service method.

A proof of service indicating the method of service must accompany any document filed by a CASA advocate in Juvenile Court proceedings, including CASA Reports.

CRITICAL

Upon request, parties must exchange their income tax returns for the prior two years, including all attachments.

Upon request, the parties must also exchange income tax returns for the prior two (2) years, including all attachments.

CRITICAL

The evaluator must distribute §3111 reports to the Court, counsel, and self-represented parties, but not to the minor children.

The evaluator will distribute copies of §3111 reports to the Court, to counsel, and to self-represented parties. The reports will not be distributed to the minor child(ren).

CRITICAL

Applies to

Welfare and institutions code section 388 petition

A CASA advocate who files a petition under Welfare and Institutions Code section 388 must serve it according to the specified Code of Civil Procedure provisions.

If a CASA advocate files a petition pursuant to Welfare & Institutions Code Section 388, such petition must be served according to the provisions of Code of Civil Procedure Sections 1011, 1012, or 1013.

CRITICAL

Applies to

Order to show cause

Orders to Show Cause connected with Family Code temporary restraining orders must be served in accordance with Family Code section 242.

Orders to Show Cause (OSC) issued in connection with temporary restraining orders under the Family Code must be served in accordance with Family Code §242.

CRITICAL

The detaining agency is responsible for giving timely notice of the detention hearing’s date and time to the Clerk, all parties, and any appointed counsel.

It is the responsibility of the detaining agency to give timely notice of the date and time of the detention hearing to the Clerk of the Court, as well as to all parties and all counsel who may have been appointed.

CRITICAL

A copy of the proposed judgment must be served on all counsel and unrepresented parties, and proof of service must be attached.

The proposed judgment must be entitled "Proposed Judgment" and must bear an attached proof of service indicating that a copy has been served upon all counsel and unrepresented parties.

CRITICAL

Service

Publication to opposing party

After receiving the signed publication order, the petitioner must publish the summons in the qualifying California newspaper once a week for four consecutive weeks.

Upon receiving the signed order for publication, the petitioner must cause the summons to be published in a newspaper of general circulation in the State of California that is most likely to give actual notice to the other party, pursuant to Code of Civil Procedure §415.50 (i.e., the summons must be published once a week for four consecutive weeks).

CRITICAL

When a responding party fails to appear, the moving party must immediately submit proof of timely service; without proof, the matter may be taken off calendar or continued to allow its submission, and valid proof permits an uncontested hearing.

If a responding party fails to appear at a hearing, the moving party must immediately submit proof of timely service to the Court. If proof of service is not produced but the moving party alleges that timely service has been accomplished, the matter may be taken off calendar or continued to allow submission of proof of service. Where a valid proof of service is provided, the Court will hear the order to show cause or motion as an uncontested matter.

CRITICAL

The detaining agency must timely notify all parties and appointed counsel of the date and time of each detention hearing.

It is the responsibility of the detaining agency to give timely notice of the date and time of any detention hearing to all parties and to all counsel who may have been appointed.

CRITICAL

Parties appearing at an ex parte hearing must serve the application or written opposition on all other appearing parties at the first reasonable opportunity; the stated presumptive deadlines differ for moving and opposition papers, and service may be by fax.

4. Parties appearing at the ex parte hearing must serve copies of the ex parte application or any written opposition thereto on all other parties who have appeared, at the first reasonable opportunity, which for moving papers will be presumed to be no later than 12:00 P.M. (noon) on the court day just prior to the day of the hearing, and for opposition papers will be presumed to be at least four (4) business hours prior to the hearing. Service may be accomplished by facsimile transmission.

CRITICAL

The petitioner or counsel must give the Court Investigator notice of hearings on the petition.

and from giving the Investigator notice of hearings on the petition.

CRITICAL

Formal notice must be given in probate matters when the propriety of an ex parte order is unclear or disputed facts indicate other parties should have an opportunity to be heard.

In all probate matters, formal notice must be given if it is not entirely clear that an ex parte order is proper or if issues are presented, in which the relevant facts might be in doubt, and where it thus appears that other parties should have an opportunity to be heard.

CRITICAL

Deadline

5 court days

Trial briefs are not required. If utilized, however, a trial brief must be served and filed no later than five (5) court days prior to the trial.

Trial briefs are not required. If utilized, however, a trial brief must be served and filed no later than five (5) court days prior to the trial.

CRITICAL

Applies to

Notice of motion

A party who seeks a valuation date for community property that is not the date of trial must serve and file, not less than thirty (30) calendar days before the trial date, a notice of motion for alternate valuation date.

A party who seeks a valuation date for community property that is not the date of trial must serve and file, not less than thirty (30) calendar days before the trial date, a notice of motion for alternate valuation date.

CRITICAL

Notice of non-appearance must be provided to the Clerk and opposing parties by a means reasonably calculated to ensure receipt no later than two days before the hearing.

Prior notice of non-appearance is required, CRC Rule 3.1304. The required notice must be given by means reasonably calculated to ensure receipt by the Clerk of the Court and opposing parties no later than two (2) days prior to the hearing date.

CRITICAL

Deadline

24 hours

Service

Personal service

Personally serve the declaration or offer of proof on the District Attorney’s Office no later than 24 hours before the hearing.

The declaration or offer of proof must be filed with the Clerk and must be personally served on the Office of the District Attorney no later than twenty-four (24) hours before the hearing.

CRITICAL

At least five days before trial, the parties must exchange legible copies of all exhibits they reasonably anticipate offering.

At least five (5) days prior to trial, the parties must exchange legible copies of any and all exhibits that each party reasonably anticipates will be introduced at trial.

CRITICAL

Juvenile Court ex parte applications are subject to Local Rule 3.03 notice requirements and require prior notice to or waiver by counsel for each party, unless good cause or a stated exception applies.

Local Rule 3.03 regarding ex parte applications, including the date, time, and manner of notice, applies to proceedings in the Juvenile Court. No matter may be presented for ex parte consideration by the Court, except on a showing of good cause, without prior notice to, or waiver by, counsel for each party in accordance with these Rules, with the exception of applications by counsel for funding for investigators or expert consultants, or other matters as may be authorized or required by law.

CRITICAL

Service

Mail

Each listed contingent heir, devisee, or legatee must receive mailed notice of the petition hearing, including a person provided for in the offered will whose legacy was revoked by a later codicil.

so that each will receive notice by mail of the hearing on the petition. This includes persons provided for in the will offered for probate, but whose legacy has been revoked by a subsequent codicil.

CRITICAL

The petitioner must serve the case management conference notice on the other litigants and provide the Court with proof of service.

The petitioner is responsible for serving a copy of the Notice of case Management Conference on other litigants, and providing the Court with a proof of service of it.

CRITICAL

Applies to

Motion

The moving party must give the designated CASA organization timely notice of any motion concerning a child with an appointed CASA advocate.

The designated CASA organization shall be given timely notice, by the moving party, of any motion concerning a child for whom a CASA advocate has been appointed.

CRITICAL

Service

Personal service

The petitioner or counsel must personally provide the petition and supporting documents to the Court Investigator.

Note: This requirement does not relieve the petitioner or counsel from the responsibility of personally providing copies of the petition and supporting documents to the Court Investigator

CRITICAL

When serving a party with the summons, the plaintiff must also serve that party with a complete copy of the Notice of Case Management Conference.

At the time of service of the summons on any party, plaintiff must also serve a complete copy of said Notice upon that party;

CRITICAL

Deadline

5 calendar days

Applies to

Moving papers

Proof of service of moving papers must be filed at least five calendar days before the motion hearing.

Proof of service of the moving papers must be filed no later than five (5) calendar days before the time set for the hearing on the motion, CRC Rule 3.1300.

CRITICAL

Applies to

Document filed with the court

Filed documents must include a proof of service complying with Code of Civil Procedure §1013(a), except for the initial Petition or Complaint and any Order to Show Cause.

Except for the initial Petition or Complaint and any Order to Show Cause in a matter governed by these Rules, any document filed with the Court shall be accompanied by a proof of service of that document, and the proof of service shall be in compliance with Code of Civil Procedure §1013(a).

CRITICAL

The petitioner or the petitioner’s attorney, not the Court Clerk, must give or arrange required notice and file proof of service.

It is the responsibility of the petitioner or his or her attorney, and not the responsibility of the Court Clerk, to give notice of any proceeding requiring notice, or cause it to be given, and also to file the proper proof of service of such notice.

CRITICAL

When lodging an amended pleading, the party must immediately serve a copy on all other counsel or self-represented parties.

At the time the amended pleading is lodged with the Court, the party lodging the pleading must immediately serve a copy on all other counsel, or parties appearing in propria persona.

CRITICAL

Litigants must exchange, while conferring or before then, all documentary evidence they intend to rely on to prove a material fact.

While conferring, or prior thereto, litigants must exchange all documentary evidence that is to be relied on for proof of any material fact.

CRITICAL

If the responding party does not appear, the moving party must submit proof of timely service to the Court or the matter may be taken off calendar.

If a responding party fails to appear at a hearing, the moving party must submit proof of timely service to the Court. Otherwise, the matter may be taken off calendar.

CRITICAL

Applies to

Petition

When extraordinary fees or compensation are requested, all interested parties must be served with the hearing notice and a copy of the petition.

If the fiduciary or attorney is requesting extraordinary fees or compensation (i.e., fees or compensation other than the “ordinary” fees and compensation authorized by Probate Code §10800 and §10810), notice of hearing and a copy of the petition must be served on all interested parties.

CRITICAL

Notice to opposing counsel or unrepresented parties must be given in person, by telephone, or by fax by 10:00 a.m. on the court day before the ex parte appearance, absent exceptional circumstances; greater notice may be given by letter or other means.

2. “Reasonable” time or notice to the opposition, as required by this Rule, means that notice is given to all opposing counsel or unrepresented parties, either in person, by telephone, or by FAX, no later than 10:00 AM on the court day just prior to the date of the ex parte appearance, absent a showing of exceptional circumstances. This requirement does not preclude giving greater notice by letter or other means.

CRITICAL

Applies to

Responsive pleading

Unless otherwise ordered or good cause is shown, responses, declarations, and points and authorities must be served according to Code of Civil Procedure section 1005(b).

Unless otherwise ordered or good cause is shown, any responses, declarations, or points and authorities must be served and filed according to the provisions of Code of Civil Procedure §1005(b).

CRITICAL

Applies to

Petition

For a person requesting special notice or a petition to approve a testamentary trustee’s accounting, each hearing notice must be served with a complete copy of the petition and supporting papers.

When notice of any petition or other application is served on a person requesting special notice, or if the petition is for approval of the accounting of a testamentary trustee, then a complete copy of the petition, along with any supporting papers, must be served with each notice of hearing.

CRITICAL

The plaintiff must serve the Notice on plaintiffs in intervention or interpleader within 10 days after being served with the relevant complaint.

and plaintiff must serve a copy of the Notice on plaintiffs in intervention or plaintiffs in interpleader, within ten (10) days of being served with a complaint in intervention or interpleader.

CRITICAL

A copy of the letter to the Court must be served on the opposing party.

A copy of the letter to the Court must be served on the opposing party.

CRITICAL

Applies to

Notice of request

Service

Mail to agency

If the custodial parent receives TANF and child support is sought by default, the designated child support agency must be served by mail with notice of the request.

When a party wishes to obtain a child support order by default and the custodial parent receives Temporary Assistance to Needy Families (“TANF”), the designated child support agency must be served by mail with notice of the request.

CRITICAL

A party who waives a previously demanded jury trial must promptly give written notice to the Clerk and all other parties.

A party who has demanded a jury trial and later decides to waive such demand must give prompt written notice of the waiver to the Clerk and to all other parties.

CRITICAL

When the sole trustee is also the personal representative, the individual trust beneficiaries must be given notice of the proceedings.

the individual beneficiaries of the trust must be listed in the petition and be given notice of the proceedings.

CRITICAL

Deadline

5 calendar days

The settlement conference statement must be served on all other parties no later than five calendar days before the conference.

No later than five (5) calendar days prior to the date fixed for the settlement conference, the parties must lodge with the Court, and must serve upon all other parties, a brief statement of the facts and the law of the case.

CRITICAL

Deadline

5 calendar days

Applies to

Casa report

Copies of a CASA Report must be served on all counsel of record, the Department of Social Services, and any unrepresented party at least five calendar days before the first hearing at which the report will be considered.

Not later than five calendar days prior to any hearing at which a CASA Report will first be considered, copies of that Report must be served on all counsel of record, on the Department of Social Services, and on any party to the proceeding not represented by counsel.

WARNING

Applies to

Opposition

In the Court's discretion, failure to file and serve opposition papers may be treated as a waiver of objections and an admission that the motion or application is meritorious, except for opposition to an ex parte application.

Failure to file and serve papers in opposition to a motion or any other application for a Court order (other than opposition to an ex parte application) may be deemed, in the Court’s discretion, to be 1) a waiver of objections and 2) an admission that the motion or other application is meritorious.

WARNING

Applies to

Demand for production

After a signed document is fax-filed, another party may demand 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 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 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.

WARNING

Applies to

Casa report

If timely service on an attorney is not possible and the Clerk maintains a pickup box for that attorney, CASA may deposit the Report there; this alternative service privilege applies only to CASA Reports and is subject to Local Rule 16.04.D.3.

If a CASA Report cannot be served on an attorney within the time established by Local Rule 16.04.D.1, and if the Clerk of the Court maintains a pickup box for that attorney, then CASA may serve the Report by depositing it in the pickup box maintained by the Clerk for that attorney. Service in this manner will not be deemed complete unless CASA has complied with the requirements of Local Rule 16.04.D.3. 3. Limitations on the Privilege. The service privilege described by Rule 16.04.D.2 extends to service of CASA Reports only.

INFO

Applies to

Casa report

Service

Personal service

The Court prefers personal service of a CASA Report over service by mail.

(Note: the Court favors personal service of the Report over service by mail.)

INFO

Additional proposed instructions may be served on the opposing side before argument begins.

Thereafter, but before commencement of argument, any additional proposed instructions upon questions developed by the evidence and not disclosed by the pleadings may be delivered to the trial judge and served upon the opposing side or sides.