Plumas Superior Court Service and Proof of Service Rules

CRITICAL

Expert names and copies of their reports, unless included in a Children’s Services social study report, must be provided to all counsel at least 10 days before the hearing unless the Court orders a shorter time.

The names of any experts to be called by any party and copies of their reports (if not part of a social study report prepared by Children’s Services) shall be provided to all counsel at least 10 days before the hearing unless a shorter time is ordered by the Court.

CRITICAL

Deadline

2 calendar days

In cases other than contested proceedings, the specified case records and reports must be made available at least 2 calendar days before the hearing.

In all other cases, such documents shall be made available at least 2 calendar days prior to the hearing.

CRITICAL

The petitioner must complete and file the original and one copy of form JV-569 proof of service when filing the petition.

Petitioner must complete and file the original and one copy of Proof of Service – Request for Disclosure (JV-569) with the court at the time the Petition is filed.

CRITICAL

Deadline

1 court days

A party seeking an ex parte order must notify all parties by 10:00 a.m. on the court day before the appearance, unless exceptional circumstances justify shorter notice.

A party seeking an ex parte order must notify all parties no later than 10:00 a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice.

CRITICAL

Applies to

Settlement conference statement

Each party or attorney must serve the Settlement Conference Statement on the other party or opposing attorney.

At least one week prior to, each party or their attorney shall prepare, file and serve on the other party or the opposing attorney, a Settlement Conference Statement with contents as indicated below.

CRITICAL

Deadline

2 calendar days

Applies to

Updated case records

In contested proceedings, updated case records must be made available to all counsel at least two calendar days before the hearing.

In contested proceedings, the social worker’s narratives and other relevant case records shall be made available to all counsel at least 10 calendar days before the hearing and any updated records 2 calendar days before the hearing.

CRITICAL

Deadline

5 court days

A Penal Code section 1538.5 motion set for hearing at the preliminary examination must be served at least five court days before the examination.

Any Penal Code section 1538.5 motion brought to be heard at the time of the preliminary examination must be filed and served at least five (5) court days prior to the date of the preliminary examination.

CRITICAL

Applies to

Summons and complaint

Proof of service of the summons and complaint must be filed within 30 days after the original complaint is filed.

(a) Proof of Service of the Summons and Complaint must be filed within 30 days of the filing of the original complaint.

CRITICAL

For a petition to approve an account of a qualifying Special Needs Trust, notice of hearing must be provided to the specified state department directors at the Sacramento office.

Special Needs Trusts require notice of hearing on a petition for approval of an account of a special needs trust established pursuant to Probate Code section 3604shall be provided to the Directors of the Department of State Health Services, Department of Developmental Services, and the Department of State Hospitals at the Sacramento office on a petition for approval of an account of a special needs trust established pursuant to Probate Code section 3604.

CRITICAL

The complaint must be served within 60 days after filing.

Service of the complaint within 60 days of filing.

CRITICAL

Deadline

48 hours

Reports prepared by a CASA advocate must be made available to all counsel a reasonable number of days before the hearing and never less than 48 hours before it.

Reports prepared by and CASA advocate shall be made available to all counsel a reasonable number of days before the hearing but in no event less than 48 hours before the hearing.

CRITICAL

Applies to

Settlement conference statement

The parties must serve the Settlement Conference Statement on opposing counsel by the stated deadline, unless the judge sets another deadline.

The parties shall file and serve upon opposing counsel a Settlement Conference Statement no later than 5 p.m. on Friday at least 1 week prior to the hearing or as set by the judge.

CRITICAL

Deadline

5 calendar days

Exhibits must be exchanged at least five calendar days before the FTSC and lodged with the court on the first day of trial.

The exhibits must be exchanged at least five (5) calendar days before the FTSC and lodged with the court on the first day of the trial.

CRITICAL

Applies to

Trial statement

The trial statement required for a requested settlement conference must be served on all parties.

1) File and serve on all parties a trial statement settling forth each issue in dispute, and the legal and factual basis in support of the party’s contention as to each disputed issue.

CRITICAL

Applies to

Motions in limine and other pretrial motions

All motions in limine and other pretrial motions required for a requested settlement conference must be served.

2) File and serve all motions in limine and other pretrial motions.

CRITICAL

Applies to

Property declaration

A completed Property Declaration must be served with the Request to Enter Default when it is used instead of an attached written agreement to support a property division or confirmation.

No division of community property (assets or debts) or confirmation of separate property will be ordered unless there is either an attached written agreement between the parties settling those issues, or there is a completed Property Declaration attached to and served with the Request to Enter Default.

CRITICAL

An applicant for an ex parte order must give interested parties at least 24 hours’ notice, subject to the stated exceptions, and the notice must specify the nature of the order sought.

An applicant for an ex parte order shall give a minimum of 24 hours’ notice to interested parties, absent a showing of exceptional circumstances. Notice shall include a specific statement of the nature of the order sought. Notice of the ex parte application may be excused if the giving of such notice would frustrate the purpose of the order, or cause the minor or the public to suffer immediate and irreparable physical or emotional harm. Notice may also be excused if, following a good faith attempt, the giving of notice is not possible.

CRITICAL

If the conservatee is deceased, notice of hearing must be given to the specified personal representative or trustee, subject to the stated conditions.

(a) If the conservatee is deceased, notice of hearing shall be given to the personal representative trustee of conservatee’s Living Trust. If the conservator is also the personal representative of the deceased conservatee’s estate or there is no personal representative of the deceased conservatee’s heirs and devisees.

CRITICAL

The probation officer must serve the application and proposed modification order on both parties’ attorneys and obtain each party’s written position.

When serving a copy of the application and proposed modification order on the attorneys for both parties, the probation officer shall ascertain in writing whether each party (a) requests a hearing before the judicial officer, (b) objects to the proposed modification of custody status, but does not request a hearing, or (c) agrees with the proposed modification order without a hearing, and shall include that information form the attorneys in the application to the judicial officer.

CRITICAL

Applies to

Complaint

The complaint must be served within 60 days after filing.

(a) Service of the complaint within 60 days of filing.

CRITICAL

The settlement conference statement must be served on opposing counsel by 5 p.m. on Friday at least one week before the hearing, unless the judge sets another date.

The parties shall file and serve upon opposing counsel a settlement conference statement no later than 5 p.m. on Friday at least 1 week prior to the hearing or as set by the judge.

CRITICAL

The moving party must notify opposing or interested parties by 10:00 a.m. on the court day before the requested consideration date.

Notify opposing/interested party no later than 10:00 a.m. the court day before the moving party wants the matter to be considered by the court, as states in California Rules of Court, rule 3.1203(a).

CRITICAL

Applies to

Notice of motion

If the attorney-fee motion raises the party’s inability to pay all or part of court-fixed counsel costs, the Notice of Motion must be served on the County of Plumas.

If the Motion raises issues that the party is financially unable to pay all or a portion of the costs of counsel as fixed by the court, the Notice of Motion shall be served on the County of Plumas.

CRITICAL

Applies to

Exhibits

Objecting parties must exchange copies of exhibits that may be offered in evidence, except those to be used for rebuttal of impeachment.

3) File written confirmation that each of the objecting parties has exchanged copies of all exhibits which may be offered in evidence, except that will be used for rebuttal of impeachment.

CRITICAL

A continuance motion made orally in open court requires prior notice to the opposing party.

By oral motion in open court after prior notice to the opposing party;

CRITICAL

Applies to

Petition and supporting documents

Service

Mail

In addition to mailing the Notice of Petition to Administer the Estate, the petitioner must mail the petition and all supporting documents at least 15 days before the hearing to persons entitled to notice under Probate Code section 8110 and persons affected by the deletions or interlineations.

In addition to mailing a Notice of Petition to Administer the Estate, the petitioner shall cause notice by mail of a copy of the petition and all supporting documents at least 15 days prior to the hearing to all persons requiring notice pursuant to Probate Code section 8110 and to all persons affected by the deletions and or/interlineations.

CRITICAL

Deadline

48 hours

Jurisdictional and dispositional reports must be made available to all counsel at least 48 hours before the hearing, unless the Court orders otherwise.

Social study reports prepared by Children’s Services shall be made available to all counsel before the hearing in accordance with the following time limitations unless otherwise ordered by the Court: (a) Jurisdictional and/or dispositional reports are due at least 48 hours before the hearing.

CRITICAL

Applies to

Property declaration

When the Property Declaration alternative is used, the completed declaration must be served with the Request to Enter Default.

No division of community property (assets or debts) or confirmation of separate property will be ordered unless there is either an attached written agreement between the parties settling those issues, or there is a completed Property Declaration attached to and served with the Request to Enter Default.

CRITICAL

Applies to

Declaration

Service

Mail to opposing party

The declaration must be mailed to the defaulting party with the Request to Enter Default, and proof of mailing must be filed with the court.

The declaration shall be mailed to the defaulting party with the Request to Enter Default, and proof of mailing shall be filed with the court.

CRITICAL

Applies to

Property declaration

A completed Property Declaration must be served with the Request to Enter Default when it is used instead of an attached written agreement to support property orders.

No division of community property (assets or debts) or confirmation of separate property will be ordered unless there is either an attached written agreement between the parties settling those issues, or there is a completed Property Declaration attached to and served with the Request to Enter Default.

CRITICAL

A responsive pleading must be served within 30 days after service of the complaint.

Service of responsive pleading within 30 days after service of the complaint.

CRITICAL

The RA-025 request must be served before the hearing starts.

Parties must file and serve the Request to Appear Remotely – (RA-025) form prior to the start of the hearing.

CRITICAL

Deadline

2 court days

Applies to

Casa report

CASA must serve the report on parties entitled to receive it at least two Court days before the hearing.

(c) CASA shall serve a copy of the report on the parties entitled to receive a copy of the report at lease 2 Court days prior to the hearing. (Eff. 7/1/03)

CRITICAL

Applies to

Notice of proposed action

Proof of service must accompany the Notice of Proposed Action filed with the court.

In addition to the requirements of California Rules of Court, rule 7.250, the Notice of Proposed Action with proof of service, and any objections, consent and waiver, shall be filed with the court.

CRITICAL

Applies to

Case management statement

The case management statement must be served on all other parties in the case.

serve it on all other parties in the case.

CRITICAL

Applies to

Amended complaint

When an amended complaint adds a defendant, that defendant must be served and proof of service filed within 30 days after the amended complaint is filed.

When the Complaint is amended to add a Defendant, the added Defendant must be served and proof of service must be filed within 30 days after the filing of the amended complaint.

CRITICAL

Pre-hearing discovery must be informal, and relevant nonprivileged material must be disclosed timely to all parties.

Pre-hearing discovery shall be conducted informally. Except as protected by privilege, all relevant material shall be disclosed in a timely fashion to all parties involved in the litigation.

CRITICAL

Upon timely request, parents, guardians, and de facto parents must disclose relevant nonprivileged material and information within their control to all other parties.

Upon timely request, parents, guardians and de facto parents shall disclose to all other parties such non-privileged material and information within the parent’s, guardian’s, or de facto parent’s control that is relevant.

CRITICAL

Upon the filing of a family law petition, the Clerk will provide the Petitioner with two (2) copies of each of the following documents. One of these copies is to be served by Petitioner on Respondent when a copy of the Petition and Summons is served:

Upon the filing of a family law petition, the Clerk will provide the Petitioner with two (2) copies of each of the following documents. One of these copies is to be served by Petitioner on Respondent when a copy of the Petition and Summons is served:

CRITICAL

A proof of service must be filed for the moving papers.

Proof of Service of the moving papers shall be filed no later than five (5) court days prior to the date of the hearing.

CRITICAL

A response to a writ petition must be served within 10 days after the petition is filed or within 10 days after receiving a reviewing Court request for a response.

Any response to a writ petition shall be served and filed within 10 days after the filing of the writ petition or within 10 days of receiving a request for a response from the reviewing Court.

CRITICAL

Deadline

48 hours

Unless the Court orders otherwise, jurisdictional and/or dispositional reports must be made available to all counsel at least 48 hours before the hearing.

Social study reports prepared by Children’s Services shall be made available to all counsel before the hearing in accordance with the following time limitations unless otherwise ordered by the Court: (a) Jurisdictional and/or dispositional reports are due at least 48 hours before the hearing.

CRITICAL

Deadline

2 calendar days

Updated case records must be made available 2 calendar days before the hearing.

and any updated records 2 calendar days before the hearing.

CRITICAL

Applies to

Motion

The moving party must give the Special Advocate timely notice of motions concerning the child represented by the advocate.

The moving party shall provide the Special Advocate timely notice of any motions concerning a child for whom a Special Advocate has been appointed.

CRITICAL

The moving party must submit a completed proof of service to the court before the scheduled ex parte hearing date.

The moving party must submit a completed proof of service to the court prior to the scheduled ex parte hearing date.

CRITICAL

Deadline

10 calendar days

Unless the Court orders otherwise, review of dependency status and status review reports must be made available to all counsel at least 10 calendar days before the hearing.

Social study reports prepared by Children’s Services shall be made available to all counsel before the hearing in accordance with the following time limitations unless otherwise ordered by the Court: (b) Review of dependency status and status review reports are due at least 10 calendar days before the hearing.

CRITICAL

Applies to

Cross complaint

A party filing a cross-complaint must serve it with the summons or other first document served on any cross-defendant not previously served in the action.

Any party filing a Cross-Complaint shall serve a copy of the document with the Summons or other first document served upon any Cross-Defendants who have not previously been served as a party to the action.

CRITICAL

Applies to

Expert names and reports

Expert names and copies of their reports, unless included in a Children’s Services social study report, must be provided to all counsel at least 10 days before the hearing unless the Court orders a shorter time.

The names of any experts to be called by any party and copies of their reports (if not part of a social study report prepared by Children’s Services) shall be provided to all counsel at least 10 days before the hearing unless a shorter time is ordered by the Court.

CRITICAL

Deadline

2 court days

CASA must serve the report on the parties entitled to receive it, at least two Court days before the hearing.

(b) CASA shall serve a copy of the report on the parties to the case including, but not limited to: attorney for the Department of Social Services; Attending case Social Worker; Child’s Attorney; Parents’ attorney; Child (via Foster Family Agency); ICWA Representative (if applicable); and, de facto Parents. (c) CASA shall serve a copy of the report on the parties entitled to receive a copy of the report at least 2 Court days prior to the hearing.

CRITICAL

Applies to

Settlement brief

A copy of the settlement brief must be served on opposing counsel.

A copy of the settlement brief shall be served upon the opposing counsel.

CRITICAL

Deadline

48 hours

CASA advocate reports must be made available to all counsel a reasonable number of days before the hearing and at least 48 hours before it.

(g) Reports prepared by and CASA advocate shall be made available to all counsel a reasonable number of days before the hearing but in no event less than 48 hours before the hearing.

CRITICAL

Applies to

Cross complaint

A Cross-Complaint adding new parties must be served on all parties.

If the Cross-Complaint adds new parties, the Cross-Complaint must be served on all parties, and proof of service on the new parties must be filed within 30 days of the filing of the Cross-Complaint.

CRITICAL

While meeting and conferring, or beforehand, litigants must exchange 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 upon for proof of any material fact.

CRITICAL

The plaintiff must serve the case management conference notice together with the summons and complaint.

The plaintiff shall serve a copy of the notice of case management conference along with the summons and complaint.

CRITICAL

Applies to

Cross complaint

A cross-complaint against a party who has appeared must be accompanied by proof of service when filed.

(c) Service of Cross-Complaint. A Cross-Complaint against a party who has appeared in the action must be accompanied by proof of service of the Cross-Complaint at the time it is filed.

CRITICAL

Applies to

Casa report

CASA must serve the report on the parties to the case, including the listed attorneys, social worker, child, ICWA Representative if applicable, and de facto parents.

(b) CASA shall serve a copy of the report on the parties to the case including, but not limited to: attorney for the Department of Social Services; Attending case Social Worker; Child’s Attorney; Parents’ attorney; Child (via Foster Family Agency); ICWA Representative (if applicable); and, de facto Parents. (As Amended Eff. 7/01/08)

CRITICAL

A petition for writ review must be served within 10 days after the record is filed in the reviewing court.

A petition seeking writ review of orders setting a hearing under W&I Code shall be served and filed within 10 days after the filing of the record in the reviewing Court. (CRC 8.454, 8.456)

CRITICAL

Deadline

2 court days

Reply papers must be served at least 2 court days before the hearing.

all reply papers shall be filed and served at least two (2) court days prior to the date of the hearing.

CRITICAL

Applies to

Settlement conference statement

Each party must serve its Settlement Conference Statement on the other party or attorney at least one week before the settlement conference.

At least one week prior to, each party shall prepare, file and serve on the other party or attorney, a Settlement Conference Statement with contents as indicated below:

CRITICAL

Deadline

5 court days

Applies to

Discovery motion

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

The motion shall be served on all parties at least 5 judicial days before the hearing date.

CRITICAL

Deadline

48 hours

Applies to

Proposed petition modifications

Proposed modifications to the petition must be exchanged 48 hours before the jurisdiction hearing.

All proposed modifications to the petition shall be exchanged 48 hours prior to the jurisdiction hearing.

CRITICAL

Applies to

Case management statement

The Case Management Statement must be served on all other parties in the case.

The Case Management Statement shall be filed with the Court no later than 15 calendar days before the date set for the case management conference, and the statement shall be served on all other parties in the case.

CRITICAL

The statement must be served on all other parties in the case.

case management conference, and the statement shall be served on all other parties in the case.

CRITICAL

Unless the court orders otherwise or law specifically provides otherwise, moving and supporting papers must be served under the cited California rules.

Unless otherwise ordered by the court or specifically provided for by law, all moving and supporting papers shall be served and filed pursuant to the provisions of 3.1300 of the California Rules of Court and Civil Code of Procedures § 1005.

CRITICAL

Applies to

Notice of administration of estate

Service

Mail

When notice of Administration of Estate is mailed to creditors, proof of service must be filed with the court.

If notice of Administration of Estate is mailed to creditors, the original notice and proof of service shall be filed with the court.

CRITICAL

Probate pleadings must be served within the time prescribed by the Probate Code and Code of Civil Procedure; untimely pleadings may be disregarded.

(a) All pleadings shall be filed and served in accordance to time stated in Probate Code & Civil Code of Procedure. Pleadings not timely filed and served may be disregarded.

CRITICAL

Applies to

Notice of family law case management conference and case management conference statement

One of these copies is to be served by Petitioner on Respondent when a copy of the Petition and Summons is served: (a) Notice of Family Law Case Management Conference. This document provides the parties with the date, time and location of the Family Law Case Management Conference. (b) A blank Case Management Conference Statement.

One of these copies is to be served by Petitioner on Respondent when a copy of the Petition and Summons is served: (a) Notice of Family Law Case Management Conference. This document provides the parties with the date, time and location of the Family Law Case Management Conference. (b) A blank Case Management Conference Statement.

CRITICAL

The Case Management Statement must be served on all other parties in the case.

the statement shall be served on all other parties in the case.

CRITICAL

Other Penal Code section 1538.5 suppression motions must be filed and served in compliance with the rule.

All other motions to suppress filed pursuant to Penal Code section 1538.5 not to be heard at the time of the preliminary examination shall be filed and served in compliance with this rule.

CRITICAL

Unless the Court orders otherwise or law provides otherwise, moving and supporting papers must be served according to the cited rules.

Unless otherwise ordered by the Court or specifically provided for by law, all moving and supporting papers shall be served and filed pursuant to the provisions of § 3.1300 of the California Rules of Court and Civil Code of Procedures 1005.

CRITICAL

Deadline

5 court days

A Penal Code section 1538.5 motion to be heard at the preliminary examination must be served at least 5 court days before the examination.

Any Penal Code section 1538.5 motion brought to be heard at the time of the preliminary examination must be filed and served at least five (5) court days prior to the date of the preliminary examination.

CRITICAL

Exhibits must be exchanged at least five calendar days before the final status conference.

The exhibits must be exchanged at least five (5) calendar days before the FTSC

CRITICAL

Applies to

Amended complaint

A Defendant added by amended Complaint must be served within 30 days after the amended Complaint is filed.

When the Complaint is amended to add a Defendant, the added Defendant must be served and proof of service must be filed within 30 days after the filing of the amended complaint.

CRITICAL

Litigants must exchange documentary evidence they will rely on to prove material facts while meeting and conferring or before then.

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

CRITICAL

Deadline

10 calendar days

Dependency-status review and status-review reports must be made available to all counsel at least 10 calendar days before the hearing, unless the Court orders otherwise.

Social study reports prepared by Children’s Services shall be made available to all counsel before the hearing in accordance with the following time limitations unless otherwise ordered by the Court: (b) Review of dependency status and status review reports are due at least 10 calendar days before the hearing.

CRITICAL

Deadline

10 calendar days

In contested proceedings, social worker narratives and other relevant case records must be made available to all counsel at least 10 calendar days before the hearing.

In contested proceedings, the social worker’s narratives and other relevant case records shall be made available to all counsel at least 10 calendar days before the hearing

CRITICAL

The probation officer’s application notice must be served on each party’s attorneys before the proposed modification order is presented to the judicial officer.

specific notice of the probation officer’s application must be served on the attorneys for each party prior to presentation of the proposed modification order to the judicial officer.

CRITICAL

Expert names and copies of their reports, unless included in a Children’s Services social study report, must be provided to all counsel at least 10 days before the hearing unless the Court orders a shorter time.

(f) The names of any experts to be called by any party and copies of their reports (if not part of a social study report prepared by Children’s Services) shall be provided to all counsel at least 10 days before the hearing unless a shorter time is ordered by the Court.

CRITICAL

When serving the Petition and Summons, the Petitioner must also serve one copy of the Family Law Case Management Conference notice and blank conference statement on the Respondent.

Upon the filing of a family law petition, the Clerk will provide the Petitioner with two (2) copies of each of the following documents. One of these copies is to be served by Petitioner on Respondent when a copy of the Petition and Summons is served: (a) Notice of Family Law Case Management Conference. This document provides the parties with the date, time and location of the Family Law Case Management Conference. (b) A blank Case Management Conference Statement.

CRITICAL

The defense attorney must notify the minor and the minor’s parent or parents of the modification hearing’s scheduled date and time.

The defense attorney shall notify the minor and their parent(s) of the scheduled date and time for the modification hearing.

CRITICAL

Applies to

Motion in limine

Motions in Limine must be served at least 10 days before the Readiness Conference.

Such motions must be served at least 10 days before the Readiness Conference.

CRITICAL

Applies to

Delay reduction program notice

The Delay Reduction Program Notice must be served on each other party with the summons or the first other document served on them.

A copy of that document shall be served upon each other party with the Summons or other first document served upon them.

CRITICAL

Applies to

Case management statement

Each party must serve its case management statement on all other parties no later than 15 calendar days before the case management conference or review.

No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case.

CRITICAL

Applies to

Motion notice

The moving party must provide the Special Advocate timely notice of motions concerning a child for whom the advocate is appointed.

The moving party shall provide the Special Advocate timely notice of any motions concerning a child for whom a Special Advocate has been appointed.

CRITICAL

Applies to

Complaint

The complaint must be served within 60 days of filing.

(a) Service of the complaint within 60 days of filing.

CRITICAL

Proof of service of the moving papers must be filed.

Proof of Service of the moving papers shall be filed no later than five (5) court days prior to the date of the hearing.

CRITICAL

Applies to

Case management statement

For each further case management conference, the case management statement must be served as it is for the first conference.

for each of which the parties have the same duties as with the first (service and filing of a case management statement and appearance of the party or trial counsel).

CRITICAL

Both parties must exchange the specified trial documents with each other at least five days before trial begins.

(a) At least five (5) days prior to the start of trial, both parties shall file and exchange the following Trial Documents:

CRITICAL

Applies to

Casa report

(b) CASA shall serve a copy of the report on the parties to the case including, but not limited to: attorney for the Department of Social Services; Attending case Social Worker; Child’s Attorney; Parents’ attorney; Child (via Foster Family Agency); ICWA Representative (if applicable); and, de facto Parents.

(b) CASA shall serve a copy of the report on the parties to the case including, but not limited to: attorney for the Department of Social Services; Attending case Social Worker; Child’s Attorney; Parents’ attorney; Child (via Foster Family Agency); ICWA Representative (if applicable); and, de facto Parents.

CRITICAL

Before making an ex parte application, the party or counsel must inform the opposing party or counsel within a reasonable time of when and where the application will be made, unless an expressly stated alternative applies.

That, within a reasonable time before the application, the party or counsel informed the opposing party or opposing party’s counsel when and where the application would be made;

CRITICAL

Applies to

Delay reduction program notice

At the time of filing the initial paper instituting a subject case, the clerk shall provide the party or attorney for the party presenting the document for filing a Delay Reduction Program Notice (PL-007). A copy of that document shall be served upon each other party with the Summons or other first document served upon them. Any party filing a Cross-Complaint shall serve a copy of the document with the Summons or other first document served upon any Cross-Defendants who have not previously been served as a party to the action.

At the time of filing the initial paper instituting a subject case, the clerk shall provide the party or attorney for the party presenting the document for filing a Delay Reduction Program Notice (PL-007). A copy of that document shall be served upon each other party with the Summons or other first document served upon them. Any party filing a Cross-Complaint shall serve a copy of the document with the Summons or other first document served upon any Cross-Defendants who have not previously been served as a party to the action.

CRITICAL

Applies to

Discovery motion

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

The motion shall be served on all parties at least 5 judicial days before the hearing date.

CRITICAL

Unless the court orders otherwise or law provides otherwise, moving and supporting papers must be served and filed under California Rule of Court 3.1300 and Code of Civil Procedure section 1005.

Unless otherwise ordered by the court or specifically provided for by law, all moving and supporting papers shall be served and filed pursuant to the provisions of rule 3.1300 of the California Rules of Court and Code of Civil Procedure section 1005.

CRITICAL

Applies to

Response to motion in limine

A response to a Motion in Limine must be served at least 5 days before the Readiness Conference.

Any Response to a Motion in Limine must be served at least 5 days before the Readiness Conference.

CRITICAL

Applies to

Delay reduction program notice

At the time of filing the initial paper instituting a subject case, the clerk shall provide the party or attorney for the party presenting the document for filing a Delay Reduction Program Notice (PL-007). A copy of that document shall be served upon each other party with the Summons or other first document served upon them.

At the time of filing the initial paper instituting a subject case, the clerk shall provide the party or attorney for the party presenting the document for filing a Delay Reduction Program Notice (PL-007). A copy of that document shall be served upon each other party with the Summons or other first document served upon them.

CRITICAL

Deadline

48 hours

Applies to

Other reports

All other reports shall be due a reasonable number of days before the hearing but in no event less than 48 hours before the hearing.

All other reports shall be due a reasonable number of days before the hearing but in no event less than 48 hours before the hearing.

CRITICAL

Applies to

Settlement conference statement

Each party must serve the Settlement Conference Statement on the other party or attorney at least one week before the settlement conference.

At least one week prior to, each party shall prepare, file and serve on the other party or attorney, a Settlement Conference Statement with contents as indicated below:

CRITICAL

Service

Mail

Neither general powers nor IAEA authority can be given to a special administrator, except at a hearing for which notice has been mailed and published as provided in Probate Code section 8545.

Neither general powers nor IAEA authority can be given to a special administrator, except at a hearing for which notice has been mailed and published as provided in Probate Code section 8545.

CRITICAL

Applies to

Motion in limine

Before filing motions in limine, parties and counsel must comply with the cited statutory and local notice provisions.

Before filing motions in limine, the parties/counsel shall comply with the statutory notice provisions of Code of Civil Procedure section 1005 and Local Rule 4.3.

CRITICAL

Deadline

5 court days

Papers opposing a motion must be served at least 5 court days before the hearing.

All papers opposing the motion shall be filed and served at least five (5) court days prior to the date of the hearing

CRITICAL

Deadline

48 hours

Unless the Court orders otherwise, all other reports must be made available a reasonable number of days before the hearing and no later than 48 hours before it.

Social study reports prepared by Children’s Services shall be made available to all counsel before the hearing in accordance with the following time limitations unless otherwise ordered by the Court: (c) All other reports shall be due a reasonable number of days before the hearing but in no event less than 48 hours before the hearing.

CRITICAL

At least 10 days before submitting the petition to the court, the petitioner must serve the petition, form JV-571 notice, and a blank form JV-572 objection in accordance with rule 5.552.

At least 10 days before the Petition is submitted to the court, the Petitioner must serve, in accordance with rule 5.552, the Petition, a Notice of Request for Disclosure of Juvenile Case File (“Notice”) (form JV-571), and a blank copy of Objection to Release of Juvenile Case File (“Objection”) (form JV-572).

CRITICAL

A response to a writ petition must be served within 10 days after the petition is filed or after receiving the reviewing court’s request for a response.

Any response to a writ petition shall be served and filed within 10 days after the filing of the writ petition or within 10 days of receiving a request for a response from the reviewing Court.

CRITICAL

Trial counsel must serve all trial documents on opposing counsel.

Trial counsel shall have filed and served on the opposing counsel all trial documents including: list of witnesses anticipated to be called at trial, list of exhibits to be produced at trial, and any in limine motions including points and authorities if necessary.

CRITICAL

Deadline

5 court days

The Notice of Remote Appearance (RA-010) must be served at least five court days before the hearing.

To request a remote appearance via video, parties must file and serve a Notice of Remote Appearance (RA-010) form at least five court days before the hearing.

CRITICAL

Applies to

Trial brief

Each party must serve its trial brief five calendar days before trial.

Five calendar days before the trial, each party shall serve and file a trial brief, which shall set forth the following matters.

CRITICAL

Applies to

Motion to suppress

Other Penal Code section 1538.5 motions to suppress must be filed and served as this rule requires or as the judge designates.

All other Motions to Suppress filed pursuant to Penal Code section 1538.5 not to be heard at the time of the preliminary examination shall be filed and served in compliance with this rule, or as designated by the judge.

CRITICAL

The Preliminary and Final Declaration of Disclosure must be served on all parties before the Family Law At Issue Memorandum is filed.

(b) Served the Preliminary and Final Declaration of Disclosure on all parties;

CRITICAL

Applies to

Case management statement

For each further case management conference, the parties must serve a case management statement as they did for the first conference.

After the first case management conference, the court will normally set one or a series of further case management conferences, for each of which the parties have the same duties as with the first (service and filing of a case management statement and appearance of the party or trial counsel).

CRITICAL

Applies to

Mediation agreement or recommendation

A copy of any mediation agreement or recommendation must be provided to the Court, all counsel, and all self-represented parties.

A copy of any agreement or recommendation must be provided to the Court, all counsel and all self- represented parties.

CRITICAL

Deadline

48 hours

Applies to

Jurisdictional and dispositional reports

Jurisdictional and dispositional reports must be made available at least 48 hours before the hearing.

Jurisdictional and/or dispositional reports are due at least 48 hours before the hearing.

CRITICAL

A demand for production of the physically signed original must be served on all other parties and must not be filed with the court.

The demand shall be served on all other parties but not be filed with the court.

CRITICAL

Deadline

10 calendar days

Applies to

Social worker narratives and case records

In contested proceedings, social worker narratives and other relevant case records must be made available to all counsel at least 10 calendar days before the hearing.

In contested proceedings, the social worker’s narratives and other relevant case records shall be made available to all counsel at least 10 calendar days before the hearing

CRITICAL

Deadline

48 hours

All other reports must be made available a reasonable number of days before the hearing and never less than 48 hours before it, unless the Court orders otherwise.

Social study reports prepared by Children’s Services shall be made available to all counsel before the hearing in accordance with the following time limitations unless otherwise ordered by the Court: (c) All other reports shall be due a reasonable number of days before the hearing but in no event less than 48 hours before the hearing.

CRITICAL

Applies to

Trial readiness documents

The listed trial-readiness documents must be served on the other parties at least ten calendar days before the Final Trial Status Conference.

At least ten (10) calendar days prior to the FTSC, the parties/counsel shall serve and file the following trial readiness documents:

CRITICAL

Applies to

Complaint

(b) Service of Complaint. The Complaint must be served on all named Defendants and proof of service on those Defendants must be filed with the court within 60 days after the filing of the Complaint.

(b) Service of Complaint. The Complaint must be served on all named Defendants and proof of service on those Defendants must be filed with the court within 60 days after the filing of the Complaint.

CRITICAL

Applies to

Complaint

The complaint must be served on all named defendants, and proof of service must be filed within 60 days after the complaint is filed.

(b) Service of Complaint. The Complaint must be served on all named Defendants and proof of service on those Defendants must be filed with the court within 60 days after the filing of the Complaint.

CRITICAL

Applies to

Trial readiness documents

The listed trial readiness documents must be served at least ten calendar days before the Final Trial Status Conference.

At least ten (10) calendar days prior to the FTSC, the parties/counsel shall serve and file the following trial readiness documents:

CRITICAL

Deadline

10 calendar days

Applies to

Dependency status and status review reports

Dependency status and status review reports must be made available at least 10 calendar days before the hearing.

Review of dependency status and status review reports are due at least 10 calendar days before the hearing.

CRITICAL

Applies to

Visitation declaration

Service

Mail

The declaration must be mailed to the defaulting party with the Request to Enter Default, and proof of mailing must be filed with the court.

The declaration shall be mailed to the defaulting party with the Request to Enter Default, and proof of mailing shall be filed with the court.

CRITICAL

Form PL-007 must be served on the other party 15 days before trial.

Form PL-007 shall be filed and served on the other party 15 days prior to the start of the Trial.

CRITICAL

A petition seeking writ review must be served within 10 days after the record is filed in the reviewing court.

A petition seeking writ review of orders setting a hearing under W&I Code shall be served and filed within 10 days after the filing of the record in the reviewing Court.

CRITICAL

A party wishing to argue against or address a tentative ruling must notify the other side of its intention to appear and argue.

The tentative ruling shall become the ruling of the court unless a party desiring to be heard informs the judicial secretary that such party will appear at the hearing and has notified the other side of its intention to appear and argue the matter.

CRITICAL

Applies to

Notice of case management conference

The plaintiff must serve the case management conference notice together with the summons and complaint.

The plaintiff shall serve a copy of the notice of case management conference along with the summons and complaint.

CRITICAL

Deadline

2 court days

Applies to

Casa report

CASA must serve the report on those entitled to receive it at least two Court days before the hearing.

(c) CASA shall serve a copy of the report on the parties entitled to receive a copy of the report at least 2 Court days prior to the hearing.

CRITICAL

Any response to a writ petition shall be served and filed within 10 days after the filing of the writ petition or within 10 days of receiving a request for a response from the reviewing Court.

Any response to a writ petition shall be served and filed within 10 days after the filing of the writ petition or within 10 days of receiving a request for a response from the reviewing Court.

CRITICAL

Applies to

Responsive pleading

A responsive pleading must be served within 30 days after service of the complaint.

(b) Service of responsive pleading within 30 days after service of the complaint.

CRITICAL

Both parties must exchange the required trial documents at least five days before trial starts.

(a) At least five (5) days prior to the start of trial, both parties shall file and exchange the following Trial Documents:

CRITICAL

A petition seeking writ review of an order setting a W&I Code hearing must be served within 10 days after the record is filed in the reviewing Court.

A petition seeking writ review of orders setting a hearing under W&I Code shall be served and filed within 10 days after the filing of the record in the reviewing Court.

CRITICAL

Deadline

48 hours

Proposed modifications to the petition must be exchanged 48 hours before the jurisdiction hearing.

All proposed modifications to the petition shall be exchanged 48 hours prior to the jurisdiction hearing.

CRITICAL

Deadline

48 hours

Applies to

Casa advocate reports

Reports prepared by and CASA advocate shall be made available to all counsel a reasonable number of days before the hearing but in no event less than 48 hours before the hearing.

Reports prepared by and CASA advocate shall be made available to all counsel a reasonable number of days before the hearing but in no event less than 48 hours before the hearing.

CRITICAL

Applies to

Cross complaint

A Cross-Complaint against a party who has appeared must be accompanied by proof of service when filed.

(c) Service of Cross-Complaint. A Cross-Complaint against a party who has appeared in the action must be accompanied by proof of service of the Cross-Complaint at the time it is filed.

CRITICAL

Applies to

Trial documents

Trial counsel must serve the required trial documents on opposing counsel.

Trial counsel shall have filed and served on the opposing counsel all trial documents including: list of witnesses anticipated to be called at trial, list of exhibits to be produced at trial, and any in limine motions including points and authorities if necessary.

CRITICAL

Deadline

10 court days

Moving papers must be served at least 10 court days before the hearing, except for motions heard at a felony preliminary examination or when otherwise ordered or provided by law.

Except for motions to be heard at a felony preliminary examination, and unless otherwise ordered or specifically provided by law, all moving papers in criminal cases shall include a Memorandum of Points and Authorities and shall be served and filed at least ten (10) court days before the date of the hearing.

CRITICAL

Deadline

48 hours

Proposed modifications to the petition must be exchanged 48 hours before the jurisdiction hearing.

(d) All proposed modifications to the petition shall be exchanged 48 hours prior to the jurisdiction hearing.

CRITICAL

Deadline

1 court days

A party seeking an ex parte order must notify all parties by 10:00 a.m. on the court day before the appearance unless exceptional circumstances justify shorter notice.

A party seeking an ex parte order must notify all parties no later than 10:00 a.m. the court day before the ex parte appearance, absent showing of exceptional circumstances that justify a shorter time for notice.

CRITICAL

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

The motion shall be served on all parties at least 5 judicial days before the hearing date.

CRITICAL

For a modification petition seeking to decrease restitution, the District Attorney’s Office and/or Probation Officer must notify the victim of the hearing’s scheduled date and time.

The District Attorney’s Office and/or Probation Officer shall notify the victim of the scheduled date and time for any modification hearing wherein the petition for modification is to decrease the amount of restitution previously ordered.

CRITICAL

Deadline

5 court days

Opposition papers must be served at least 5 court days before the hearing, and reply papers at least 2 court days before the hearing.

All papers opposing the motion shall be filed and served at least five (5) court days prior to the date of the hearing, and all reply papers shall be filed and served at least two (2) court days prior to the date of the hearing.

CRITICAL

Applies to

Notice of case management conference

The plaintiff must serve the case management conference notice together with the summons and complaint.

The plaintiff shall serve a copy of the notice of case management conference along with the summons and complaint.

CRITICAL

Applies to

Cross complaint

If a cross-complaint adds new parties, it must be served on all parties and proof of service on the new parties filed within 30 days after filing.

If the Cross-Complaint adds new parties, the Cross-Complaint must be served on all parties, and proof of service on the new parties must be filed within 30 days of the filing of the Cross-Complaint.

CRITICAL

Applies to

Ex parte application

The moving party must serve the ex parte application on opposing or interested parties using one of the listed methods, with electronic service allowed only if permitted.

Serve the opposing/interested party(ies) with a copy of the ex parte application. The application may be served personally, by fax, by electronic means if permitted, or by overnight mail or other overnight carrier.

CRITICAL

Applies to

Proof of service of summons and complaint

Proof of service of the summons and complaint must be filed within 30 days after the original complaint is filed.

(a) Proof of Service of the Summons and Complaint must be filed within 30 days of the filing of the original complaint.

CRITICAL

Applies to

Request for entry of default

The Plaintiff must serve the mandatory Judicial Council form CV-100 Request for Entry of Default.

Plaintiff shall file and serve the mandatory Judicial Council of California form CV-100 Request for Entry of Default.

CRITICAL

An objection to a traffic court trial postponement must be served at least 5 days before trial.

A party wishing to object to the Request for Postponement of Traffic Court Trial must file and serve Local Form PL-008 Objection to Postponement of Traffic Court Trial at least 5 days prior to the start of Trial.

CRITICAL

Applies to

Visitation declaration

Service

Mail

The visitation declaration must be mailed to the defaulting party with the Request to Enter Default, and proof of mailing must be filed with the Court.

The declaration shall be mailed to the defaulting party with the Request to Enter Default, and proof of mailing shall be filed with the Court.

CRITICAL

Upon timely request, parents, guardians, and de facto parents must disclose relevant nonprivileged material and information within their control to all other parties.

(f) Upon timely request, parents, guardians and de facto parents shall disclose to all other parties such non-privileged material and information within the parent’s, guardian’s, or de facto parent’s control that is relevant.

CRITICAL

Deadline

2 calendar days

Applies to

Case records and reports

In cases other than contested proceedings, the relevant case records and reports must be made available at least two calendar days before the hearing.

In all other cases, such documents shall be made available at least 2 calendar days prior to the hearing.

CRITICAL

Deadline

10 court days

Except for motions heard at a felony preliminary examination or as otherwise ordered or provided by law, criminal moving papers must be served at least 10 court days before the hearing.

Except for motions to be heard at a felony preliminary examination, and unless otherwise ordered or specifically provided by law, all moving papers in criminal cases shall include a Memorandum of Points and Authorities and shall be served and filed at least ten (10) court days before the date of the hearing.

CRITICAL

Exhibits must be exchanged at least five calendar days before the FTSC and lodged with the court on the first day of trial.

The exhibits must be exchanged at least five (5) calendar days before the FTSC and lodged with the court on the first day of the trial.

CRITICAL

Applies to

Responsive pleading

A responsive pleading must be served within 30 days after service of the complaint.

(b) Service of responsive pleading within 30 days after service of the complaint.

CRITICAL

Applies to

Request for entry of default

The plaintiff must serve the mandatory CV-100 Request for Entry of Default form.

(b) Plaintiff shall file and serve the mandatory Judicial Counsel of California form CV-100 Request for Entry of Default.

WARNING

The parties must receive notice of the case management conference at least 45 days before it, unless the court orders otherwise.

Notice of the case management conference will be given to all parties no later than 45 days before the conference, unless otherwise ordered by the court.

WARNING

Deadline

2 court days

The People may serve a written response or opposition to the suppression motion at least 2 court days before the preliminary examination.

The People may file and serve a written response or opposition to the motion to suppress at least two (2) court days prior to the preliminary examination.

WARNING

Service deadlines are extended according to the manner of service under Code of Civil Procedure section 1013.

All deadlines for service are extended based on the manner of service as set forth in Code of Civil Procedure section 1013.

WARNING

Applies to

Mediation agreement or recommendation

A copy of any mediation agreement or recommendation must be provided to the court, all counsel, and all self-represented parties.

A copy of any agreement or recommendation must be provided to the court, all counsel and all self-represented parties.

WARNING

Service deadlines are extended according to the manner of service under Code of Civil Procedure section 1013.

All deadlines for service are extended based on the manner of service as set forth in Code of Civil Procedure 1013.

WARNING

Deadline

2 court days

A party may serve an RA-015 opposition at least two court days before the proceeding.

In response to a notice of remote appearance, a party may file and serve an Opposition to Remote Proceeding at Evidentiary Hearing or Trial (RA-015) form at least two court days before the proceeding.

WARNING

Applies to

Motion

The moving party must provide timely notice to the appointed Special Advocate of motions concerning the child.

The moving party shall provide the Special Advocate timely notice of any motions concerning a child for whom a Special Advocate has been appointed.

WARNING

Pre-hearing discovery must be conducted informally, with relevant nonprivileged material disclosed timely to all parties.

(b) Pre-hearing discovery shall be conducted informally. Except as protected by privilege, all relevant material shall be disclosed in a timely fashion to all parties involved in the litigation.

WARNING

Unless otherwise ordered, the pretrial filing and service deadlines apply, and service deadlines are extended according to the method of service under Code of Civil Procedure section 1013.

Unless otherwise ordered, the following pre-trial filing and service deadlines apply. All deadlines for service are extended based on the manner of service as set forth in Code of Civil Procedure 1013.

WARNING

The service rules in this section apply to civil pleadings except unlawful detainer actions, Family Code proceedings, and proceedings with different service requirements prescribed by law.

(a) Applicability. This rule applies to the service of pleadings in civil cases except for unlawful detainer actions, proceedings under the Family Code, and other proceedings for which different service requirements are prescribed by law.

WARNING

Pre-hearing discovery must be conducted informally, and relevant nonprivileged material must be timely disclosed to all parties.

(b) Pre-hearing discovery shall be conducted informally. Except as protected by privilege, all relevant material shall be disclosed in a timely fashion to all parties involved in the litigation.

WARNING

The service rule applies to pleadings in civil cases except unlawful detainer actions, Family Code proceedings, and proceedings governed by different service requirements prescribed by law.

This rule applies to the service of pleadings in civil cases except for unlawful detainer actions, proceedings under the Family Code, and other proceedings for which different service requirements are prescribed by law.

WARNING

Unless the court orders otherwise, service deadlines are extended according to the method of service under Code of Civil Procedure section 1013.

Unless otherwise ordered, the following pre-trial filing and service deadlines apply. All deadlines for service are extended based on the manner of service as set forth in Code of Civil Procedure 1013.

WARNING

In an unlawful detainer proceeding, a party seeking an ex parte order may give shorter-than-usual notice if the notice is reasonable.

A party seeking an ex parte order in a unlawful detainer proceeding may provide shorter notice than required under (a) provided that the notice is reasonable.

WARNING

Applies to

Demand for production

After a signed document is filed electronically, another party may demand production of the original; the demand must be served on all other parties and must not be 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

Custody evaluation report

The custody evaluation report must be sent to the court, the parties, and their attorneys before the scheduled court date.

The report will be sent to the court, the parties, and their attorneys prior to that date.

INFOCivil cases

Applies to

Notice

Service

Publication

The Plumas Sun digital newspaper qualifies as a newspaper of general circulation for notices published under Probate Code Sections 8120 and 8121.

In recognition of the move from print media to digital media, the Plumas Superior Court hereby declares that The Plumas Sun digital newspaper shall be considered a newspaper of general circulation for the purpose of publication of notice as described in Probate Code Section 8120 and 8121.

INFO

Deadline

2 court days

The People may serve a written response or opposition at least two court days before the preliminary examination.

The People may file and serve a written response or opposition to the motion to suppress at least two (2) court days prior to the preliminary examination.

INFO

After a signed document is electronically filed, another party may serve a demand to produce the physically signed original.

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.