Monterey Superior Court Service and Proof of Service Rules

Applies to

Notice of termination of facilitation

If pre-filing facilitation does not resolve the dispute, the Facilitator must serve each party with a Notice of Termination of Facilitation.

The Facilitator will serve each party with a Notice of Termination of Facilitation.

Applies to

Stipulation and order

The parties must send the Center a copy of the stipulation and order simultaneously with submission to the court.

A copy of the stipulation and order will be sent by the parties to the Center at ===== PAGE 2 ===== the same time that it is submitted to the Court.

Applies to

Notice of termination of facilitation

If post-filing facilitation does not resolve the dispute, the Facilitator must file and serve a Notice of Termination of Facilitation.

If no resolution is reached the Facilitator will file and serve a Notice of Termination of Facilitation.

Applies to

Order continuing hearing and directing participation

The court must serve the order continuing the hearing and directing Program participation on both the parties and the Center.

A copy of the order continuing the hearing date and directing participation in the Program shall be served, by the Court, on the parties and the Center, which shall then treat that matter in the same fashion as it treats voluntary participation.

The Facilitator must serve the parties with any communication sent to the court.

Any communication sent by the Facilitator to the court will also be served by the Facilitator on the parties.

Service

Publication

Certain civil filings must be published in a newspaper on the court’s list of Adjudicated Newspapers of General Circulation.

Certain filings require publication in the newspaper. Please see the link below for a list of "Adjudicated Newspapers of General Circulation". This is a list of the local newspapers that will satisfy the publication requirement.

In child support cases, all declarations and supporting evidence must be filed and served on all opposing parties under California Rules of Court rule 5.92 and following.

For child support cases, all declarations and any supporting evidence must be filed and served on all opposing parties in compliance with California Rules of Court, rule 5.92 et seq.

Deadline

2 court days

Applies to

Advocate report

CASA must provide copies of the advocate's report to all parties or their counsel at least two court days before the scheduled hearing.

Copies of the report are to be provided by CASA to all parties or their counsel at least two (2) court days before the scheduled hearing.

Deadline

10 calendar days

Service

Mail to all parties

At least 10 days before the competency hearing, the clerk must mail the represented party and attorney notice of the hearing, the potential relief of counsel, and the consequences of nonappearance.

The clerk of the court must notify the represented party by first- class mail to the party's last known address and the attorney at least ten (10) days before the hearing date of the following: 1) a hearing date, time, and location; 2) that at that hearing the court will consider the issue of whether to relieve counsel for failing to complete the requisite training and to provide a Certification of Competency; and 3) that failure to appear for the hearing will be deemed a waiver of any objection and acquiescence to the relief of appointed counsel.

When the person filing the notice is not the child's attorney, a copy must be served on the child's attorney; if the child is unrepresented, the notice must state that fact.

If the person filing the notice is not the attorney for the child, a copy of the notice shall be served on the attorney for the child, or, if the child is unrepresented, the notice shall so state.

Applies to

Motion to withdraw

A motion to withdraw involving a surety bond must include proof of service of the notice required by Probate Code section 1213.

Motions for withdrawal where a bond has been filed by a surety must be accompanied by proof of service of the notice required by Probate Code section 1213.

In either specified circumstance, individual trust beneficiaries must receive notice of the hearing under Probate Code section 1208.

If the trustee is also the estate representative or no trustee has been appointed, the individual trust beneficiaries must also be set forth and served with notice of hearing as set forth in Probate Code section 1208.

All contingent beneficiaries are entitled to notice of the hearing.

E. Contingent Beneficiaries. All contingent beneficiaries must be listed in the petition and are entitled to receive notice of the hearing.

Applies to

Conservatorship filing

A copy of every document filed in a conservatorship proceeding must be served on the court investigator.

A copy of all documents filed in a conservatorship proceeding must be served on the court investigator.

Applies to

Conservatorship filing

Service

Electronic service

An electronic filer must serve the court investigator using one of the electronic service addresses posted on the court's probate website.

For those persons filing electronically, service on the court investigators shall be completed using one of the electronic service addresses found on the probate home page of the court’s website at www.monterey.courts.ca.gov/probate.

Notice must be given to the LPS conservator in the same manner as notice to second-degree relatives.

B. Notice. Notice shall be given to the LPS conservator in the same manner as that given to relatives in the second degree.

Notice of the final-accounting petition hearing must be given to the personal representative, if any, of a deceased conservatee.

C. Notice of the hearing on the petition must be given to the personal representative, if any, of a deceased conservatee.

Applies to

Order waiving accounting

Service

Court service

The order waiving an accounting must be served on the court investigator at least 30 days before the court-review hearing.

The order waiving an accounting must be served on the court investigator at least thirty (30) days prior to the hearing on the court review.

Applies to

Notice of hearing and account or fee petition

Service

Court service

A resigning conservator's final account or fee petition cannot be approved until a successor is appointed and served with notice of the hearing and a copy of the account or petition.

A final account of the resigning conservator and/or a petition for fees upon resignation cannot be approved until a successor is appointed and is served with notice of hearing and a copy of the account and/or petition.

Applies to

Return of sale

For the sale of specifically devised real or personal property, the beneficiary must receive 15 days' notice of the hearing time and place unless the beneficiary's consent to the sale is filed with the court.

On a sale of specifically devised real or personal property, fifteen (15) days’ notice of time and place of hearing of the return of sale must be given to the beneficiary, unless their consent to such sale is filed with the court.

The case-assignment notice and ADR information packet must be served together with the Summons and Complaint.

The notice and Alternative Dispute Resolution (ADR) information packet must be served together with the Summons and Complaint pursuant to California Rules of Court, rule 3.722 and this chapter of these Local Rules.

Applies to

Notice of initial case management conference

Plaintiff must serve all parties with notice of the initial case management conference no later than 45 days before the conference.

Plaintiff shall serve all parties with notice of the initial case management conference no later than 45 days before the conference. (California Rule of Court, rule 3.722(b).)

Applies to

Proof of service

An unlawful-detainer action will be dismissed without prejudice if proof of service is not filed within 60 days after the complaint is filed.

If proof of service is not filed within 60 days of the complaint’s filing, the court will dismiss the action without prejudice.

Applies to

Electronic recording

A party offering an electronic sound or sound-and-video recording must comply with California Rules of Court rule 2.1040 and, unless that rule provides otherwise, provide the opposing party with the recording and any required transcript before the hearing.

Any party wishing to offer into evidence an electronic sound or sound-and-video recording must comply with California Rules of Court, rule 2.1040. Except as provided in Rule 2.1040, the party offering the recording into evidence must provide the opposing party with a copy of the recording and any required transcript prior to the hearing.

Applies to

Ex parte application

When the court allows a special setting, the applicant must re-notice all parties.

If a special setting is allowed by the court, the application will be informed by the court and will be required to re-notice all parties.

Deadline

5 court days

Applies to

Review hearing declaration

Review-hearing declarations must be served at least five court days before the review hearing.

Declarations for review hearings must be filed and served no less than five (5) court days prior to the date set for review hearing.

Deadline

5 court days

Applies to

Settlement conference statement

Settlement conference statements must be served at least five court days before the settlement-conference hearing.

Settlement conference statements shall be served and filed with the clerk of the court no later than five (5) court days preceding the settlement conference hearing.

Deadline

10 calendar days

Applies to

Evaluator report

A written evaluator report must be distributed to the court, all counsel, and unrepresented parties at least ten calendar days before the hearing.

The report shall be in writing and shall be distributed to the court, all counsel, and to the parties if they are unrepresented ten (10) calendar days prior to hearing.

Applies to

Evaluator report

Written evaluator reports and recommendations must comply with Family Code section 3111 and California Rule of Court 5.220 and be served consistently with those provisions.

All written reports and recommendations of the court-appointed evaluator shall be conducted in accordance with and served upon the parties or attorneys consistent with the provisions of Family Code section 3111 and California Rules of Court, rule 5.220.

Service

Mail

A Parenting Coordinator recommendation must be filed with the court and served on the parties and counsel by mail, fax, or personal delivery.

A Parenting Coordinator’s recommendation on these matters shall be filed with the court and served upon parties and counsel by mail, fax, or personal delivery.

Service

Mail

A recommendation on second-level matters must be communicated in writing to the court, parties, and counsel by mail, fax, or personal delivery.

The Parenting Coordinator’s recommendation on second-level matters shall be communicated in writing to the court/parties and counsel by mail, fax, or personal delivery.

Applies to

Request for order

Service

Personal service to court

A party seeking court review of a Parenting Coordinator recommendation must file and serve a Request for Order.

A party who wishes a court review of the matter following a recommendation for review by the Parenting Coordinator must file and serve a Request for Order for the matter to be reviewed and considered by the court.

A party disagreeing with an At-Issue Memorandum must serve a Counter At-Issue Memorandum within ten days after service.

Any party not in agreement with any other representation made in an At-Issue Memorandum shall within ten (10) days after the service thereof, serve and file a “Counter At-Issue Memorandum” on their behalf.

Applies to

Pretrial motion

Proof of service on opposing parties must accompany the written notice for an evidence-presenting misdemeanor pretrial motion.

All misdemeanor pre-trial motions requiring the presentation of evidence shall be noticed in writing with proof of service of opposing parties and filed no later than ten (10) court days prior to the date of hearing, unless, for good cause shown, and upon order of court, time is shortened for the filing of said pre-trial motion.

Applies to

Motion

The motion for a real property equity bond must be supported by proof of service to the Office of the District Attorney and Monterey County Counsel.

To set the matter for hearing, a noticed motion for real property equity bond with proof of service to the Office of the District Attorney and Monterey County Counsel must be filed with the clerk’s office at least five (5) days prior to the date set for the hearing.

Service

Personal service

The petitioner must personally notify the respondent and provide notice to the Public Defender’s Office.

Petitioner must give notice to Respondent personally and to the Public Defender’s Office.

Applies to

LPS commitment petition

A proof of service must be attached to every LPS commitment petition.

A petition must have a proof of service attached.

Deadline

5 court days

A party presenting electronic sound or sound-and-video recordings must provide playback equipment and give the opposing party a copy and any required transcript at least five court days before the hearing, subject to a good-cause exception.

The person wishing to present any electronic sound or sound-and video recordings must provide the equipment necessary to listen to and/or view the recordings and provide the opposing party with a copy of the recording and any required transcript at least 5 court days prior to the hearing, unless for good cause the judicial officer makes an exception.

Deadline

5 court days

When an in-person appearance is required, the court will notify the parties at least five court days before the hearing.

If the court requires a party or witness to appear in person because one or more of the factors in Code of Civil Procedure section 367.75 is present, then the parties will be notified at least five (5) court days before the hearing date.

If no personal representative has been appointed for a post-deceased beneficiary, notice should be given to that beneficiary's beneficiaries.

If no personal representative has been appointed, the beneficiary should be listed as deceased and notice should be given to the beneficiaries of the post-deceased beneficiary.

Applies to

Conservatorship filing

A person permitted to file paper documents may serve the court investigator electronically at the e-service address or by mail using an address posted on the court's probate website.

For those persons permitted to file paper documents, service may be completed either electronically at the court investigator’s e-service address or by mail at the addresses found on the probate home page of the court’s website.

A notice assigning the case for all purposes and setting case management must be filed and transmitted to the initiating party.

A Notice of All Purpose Case Assignment and Setting of Case Management Conference will be filed and transmitted to the initiating party.

Deadline

20 calendar days

Within 20 days after receiving the Notice of Referral to Mediation, the parties must confer with the assigned mediator about conflicts and deliver a complete copy of their case management statements.

Within twenty (20) days of receiving the Notice of Referral to Mediation, the parties shall confer with the assigned mediator to determine whether conflicts of interest exist. They shall also deliver a complete copy of their case management statements to the mediator.

Applies to

Mediation statement

Each party must provide the mediator and serve a written mediation statement on all other parties at least five calendar days before the first mediation session.

No later than five (5) calendar days before the first mediation session, each party shall submit directly to the mediator, and shall serve on all other parties, a written mediation statement.

Applies to

Status report

After each mediation or recommending-counseling session, Family Court Services must provide the parties and attorneys of record a copy of the Status Report by hand delivery, mail, or email.

Family Court Services shall provide the parties and their attorneys of record with a copy of the Status Report by hand delivery, mail, or email following the conclusion of the session.

Service

Personal service to all parties

A party receives the signed written parenting agreement before leaving the courthouse, or by email when appearing remotely, and a copy is forwarded to counsel of record if represented.

Each party will receive a copy of the signed written parenting agreement before leaving the courthouse or via e- mail when appearing remotely, with a copy forwarded to their counsel of record, if represented by counsel.

Applies to

Parenting coordinator recommendations

Parenting Coordinator recommendations must be served on the Court, parties, and counsel by mail, fax, or personal delivery; a requested written explanation must be provided within 10 calendar days, and an objection must be filed and served within 20 calendar days of service.

Recommendation on these matters shall be served on the Court, parties and counsel by mail, fax or personal delivery. Either party shall have the right to request a written explanation from the Parenting Coordinator of any recommendation, which shall be provided within ten (10) calendar days to parties, counsel and the court. The Parenting Coordinator recommendations shall be subject to adoption by the Court as an order unless either party files and serves a motion objecting to entry of the order within twenty (20) calendar days of service of the recommendations.

Service

Email to all parties

If the court changes a proceeding’s date or time to facilitate remote appearance, it will notify the parties by email or U.S. mail.

If the court determines that the date and time of the proceeding must be changed to facilitate a remote proceeding, notification will be issued to the parties by either email or U.S. mail.

Applies to

Declaration of due diligence

When a person entitled to notice cannot be located for service, parties may use optional Local form CI-129 to document their current efforts to locate that person.

If a person entitled to notice cannot be located for service, parties may use optional Local form CI- 129, Declaration of Due Diligence, to show their current efforts to locate the person.