Mono Superior Court Service and Proof of Service Rules

CRITICAL

Applies to

Responsive pleading

Each served party must file and serve all necessary responsive pleadings within the time required by law.

Each party served shall file and serve all necessary responsive pleadings within the time required by law.

CRITICAL

Applies to

Notice of initial case management conference

The responding party must be served with the initial Case Management Conference notice when the Summons and Complaint are served, or when a cross-complaint is served on a new party.

At the time of serving the Summons and Complaint (and a cross- complaint upon a new party), the responding party shall be served with the Notice of initial Case Management Conference.

CRITICALCourt notice

A party appearing by telephone must give proper notice to the court and all other parties at least two days beforehand.

To appear by telephone, a party must provide proper notice to the court and to all other parties at least two (2) days before the appearance as set forth in CRC 3.670(h).

CRITICAL

Applies to

Responsive papers

Responsive papers to an Order to Show Cause must be served at least five days before the hearing.

Responsive papers to the Order to Show Cause must be filed and served five (5) days in advance of the hearing.

CRITICAL

Applies to

Notice of remote appearance

For specified probate hearings, parties may stipulate orally or in writing to waive notice of another party’s remote appearance; otherwise, the notice must be served under California Rule of Court 3.672, though it need not be filed.

For probate hearings other than evidentiary hearings, settlement conferences, and trials, parties may stipulate either orally or in writing to waive notice of other parties’ remote appearance. The Court waives notice of parties appearing remotely for these matters. Parties do not need to file a Notice of Remote Appearance, but must serve the notice as set forth in California Rule of Court 3.672 unless the parties have stipulated to waive notice.

CRITICAL

Applies to

Complaint

The complaint must be served and proof of service filed within 60 days after filing, with the period running from the amended complaint’s filing date in the stated first-amendment circumstances.

Within sixty (60) days of the filing, the Complaint must be served and a proof of service filed with the Court. When a complaint is voluntarily amended for the first time, pursuant to the California Code of Civil Procedures 472, before the defendant answers (even after demurrer), the time herein shall run from the file date of the amended complaint.

CRITICAL

Counsel for each party must serve the detailed settlement conference statement on all other counsel at least five court days before the conference.

At least five (5) court days before the conference, counsel for each party will file with the Clerk of this Court, and serve upon all other counsel, a detailed settlement conference statement.

CRITICAL

Applies to

Notice of remote appearance

For the specified probate hearings, a Notice of Remote Appearance need not be filed but must be served under California Rule of Court 3.672 unless the parties stipulated to waive notice.

The Court waives notice of parties appearing remotely for these matters. Parties do not need to file a Notice of Remote Appearance, but must serve the notice as set forth in California Rule of Court 3.672 unless the parties have stipulated to waive notice.

CRITICAL

Applies to

Complaint

At arraignment, the district attorney must provide a complaint copy for distribution to the defendant.

The district attorney shall provide a copy of the complaint for distribution to the defendant at the time of arraignment.

CRITICAL

Applies to

Notice of remote appearance

For the specified matters, a Notice of Remote Appearance need not be filed but must be served under Rule 3.672 unless the parties stipulated to waive notice.

The Court waives notice of parties appearing remotely for these matters. Parties do not need to file a Notice of Remote Appearance, but must serve the notice as set forth in Rule 3.672 unless the parties have stipulated to waive notice.

CRITICAL

Applies to

Written order

An endorsed copy of the order must be served on the parties to be notified, and an endorsed copy bearing proof of service must be filed before the hearing.

An endorsed copy shall be served upon the parties to be notified thereof and an endorsed copy, bearing proof of service, shall be filed prior to the hearing.

CRITICAL

Applies to

Notice of remote appearance

In the specified civil and short-cause family matters, parties may stipulate orally or in writing to waive notice of another party’s remote appearance; otherwise, the notice must be served under Rule 3.672, though it need not be filed.

Parties in civil case management, civil law and motion, civil ex parte (not including domestic violence restraining orders), and short-cause family law matters may stipulate either orally or in writing to waive notice of other parties’ remote appearance. The Court waives notice of parties appearing remotely for these matters. Parties do not need to file a Notice of Remote Appearance, but must serve the notice as set forth in Rule 3.672 unless the parties have stipulated to waive notice.

CRITICAL

Deadline

3 court days

Applies to

Motion in limine

Motions in limine must be served at least three court days before the Pretrial Conference.

All motions in limine must be in writing and are to be filed and served at least three (3) court days before the conference.

CRITICAL

When a petition or moving papers are filed, the clerk must provide the petitioner with this rule and the Family Court Services Coordinator’s name and telephone number, and the petitioner must serve them together with the petition or moving papers on the responding party.

(2) This rule and the name and telephone number of the Family Court Services Coordinator (FCSC) shall be provided by the clerk of the court to a petitioner upon any filing of a petition or moving papers. The petitioner shall serve the same, along with the petition or moving papers, on the responding party.

CRITICAL

Applies to

Notice of trial

Service

Mail

After the trial setting conference, the Clerk must mail notice of trial unless counsel appeared in court when the trial was set.

Following the trial setting conference, the Clerk shall mail notice of trial, unless counsel appeared in Court when Trial was set.

WARNING

Applies to

Notice of remote appearance

In the specified civil case management, law and motion, ex parte, and short-cause family matters, parties may stipulate orally or in writing to waive notice of other parties’ remote appearances.

Parties in civil case management, civil law and motion, civil ex parte (not including domestic violence restraining orders), and short-cause family law matters may stipulate either orally or in writing to waive notice of other parties’ remote appearance.

WARNING

Untimely cross-complaints shall, in most cases, be served so as not to delay the orderly processes of the Court.

Untimely cross-complaints shall, in most cases, be served so as not to delay the orderly processes of the Court.

WARNING

Applies to

Notice of remote appearance

For probate hearings other than evidentiary hearings, settlement conferences, and trials, parties may stipulate orally or in writing to waive notice of other parties’ remote appearances.

For probate hearings other than evidentiary hearings, settlement conferences, and trials, parties may stipulate either orally or in writing to waive notice of other parties’ remote appearance.