Sacramento Superior Court Service and Proof of Service Rules

CRITICAL

DCFAS must immediately notify the court, counsel, and parties if a minor is certified for an additional 30 days of psychiatric treatment, no later than close of business the day after DCFAS receives notice.

DCFAS shall immediately notify the court, counsel, and parties if the minor is certified for an additional 30 days of treatment pursuant to Welfare and Institutions Code section 5270.15. Such notice shall be provided immediately, and in any event, no later than the close of business the day following DCFAS’s receipt of

CRITICAL

The moving party must notify the opposing party that they must be reachable between 8:30 a.m. and noon on the hearing date and that opposition is due by 8:30 a.m.; notice may be given by phone, writing, voicemail, or electronic means if permitted.

Notify the opposing/responding party or their attorney that (i) they must be reachable between 8:30 a.m. and noon on the requested ex parte hearing date if the court determines that an appearance is required; and (ii) they must submit their opposition to the assigned court department by 8:30 a.m. on the requested ex parte hearing date if they wish to file an opposition. Notice may be given personally, by telephone, in writing, by voicemail, or by electronic means if permitted.

CRITICAL

The CASA program must provide copies of its report to all counsel, tribal representatives, self-represented litigants, and de facto parents at least two days before the hearing.

The CASA program shall also provide a copy of the report to all counsel, tribal representatives, self- represented litigants, and any de facto parent at least two days before the hearing.

CRITICAL

Deadline

24 hours

Applies to

Opposition

Opposition and reply papers must be served using methods ensuring receipt within 24 hours of filing, and the motion will not be heard unless they were served on all parties within the time limits.

All opposition and reply papers shall be served upon opposing counsel by personal delivery, telecopy, express mail, federal express, or other means designed to ensure that the opposition and reply papers are received by opposing counsel within 24 hours of filing. The motion shall not be heard unless the above-mentioned documents have been served on all parties to the proceeding within the time limits specified.

WARNING

If parties cannot agree on dates, the court selects the trial and settlement conference dates and serves notice on the parties.

If the parties cannot agree or fail to select dates within the time specified in paragraph (A) of this rule, the court will select a trial date and a mandatory settlement conference date and serve notice on the parties.

WARNING

Notice of hearing on a deceased conservatee's final account must be given to the personal representative or trustee, or to heirs and devisees if none exists.

If the conservatee is deceased, notice of hearing shall be given to the personal representative or 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, notice shall be given to the deceased conservatee's heirs and devisees.

WARNING

Applies to

Mediation program statement

Each party must lodge the Mediation Program Statement with the mediator and serve all other parties at least 10 days before the scheduled mediation.

Not less than 10 days prior to a scheduled mediation, each party shall lodge an original and one copy of the Mediation Program Statement with the mediator and serve all other parties.

WARNING

All ex parte documents must be served and filed as required by California Rules of Court rules 3.1203, 3.1205, and 3.1206.

All documents shall be served and filed as required by California Rules of Court, rules 3.1203, 3.1205, and 3.1206.

WARNING

Upon filing a written objection, the objecting party must serve all parties with the objections and blank ADR forms PR/E-LP-002 and PR/E-LP-001.

Upon filing a written objection, the objecting party shall serve on all parties a copy of the objections along with blank copies of Alternative Dispute Resolution Certification and Selection (local form PR/E-LP-002) and Stipulation to Alternative Dispute Resolution (local form PR/E-LP-001).

WARNING

The Counter Memorandum to Set must be served on all other parties.

Within 10 days of service of the Memorandum to Set, any party may object to the trial setting by filing a Counter Memorandum to Set (Family Law) (local form FL/E-LP-605) via the drop box and serving the same on all other parties.

WARNING

Applies to

Response

Copies of the response must be served on all parties, with proof of service required.

copies of the response shall be served on all parties. A proof of service evidencing service of the response on all parties is required.

WARNING

Deadline

5 calendar days

Service

Mail to all parties

Service is deemed effective on actual receipt of notice; if notice is mailed via U.S. mail, service is deemed effective five calendar days after posting.

A party shall not be deemed to have been served until that party receives actual notice of the motion; or if the notice of motion is mailed through the U.S. mail, a party shall be deemed to have been served five calendar days after the posting of the notice of motion.

WARNING

Applies to

Notice of motion

When the fee motion raises financial inability to pay, the Notice of Motion must be served on the County of Sacramento through County Counsel at the specified address.

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 Sacramento by serving the County Counsel at 3331 Power Inn Road, Suite 350, Sacramento, CA 95826.

WARNING

Applies to

Adr information package

Plaintiffs and cross-complainants must serve the ADR information package on each defendant or cross-defendant when serving the complaint or cross-complaint.

Plaintiffs and cross-complainants shall serve a copy of the Sacramento County Superior Court ADR information package on each defendant or cross-defendant at the time the complaint or cross-complaint are served as required by California Rules of Court, rule 3.221.

WARNING

Counsel must serve a copy of the JC-E 331 order on the incarcerated witness and the institution.

Counself for the requesting party shall serve a copy of the JC-E 331 on the incarcerated witness and institution.

WARNING

DCFAS must attach signed forms JV-450 and JV-451 to the Notice of Hearing served on the incarcerated parent and institution.

DCFAS will attach a copy of the signed form JV-450 and form JV-451 to the Notice of Hearing served on the incarcerated parent and institution.

WARNING

Applies to

Notice of final ruling

The plaintiff must serve all parties with written notice of all final rulings of the court.

The plaintiff shall serve all parties with written notice of all final rulings of the court.

WARNING

Applies to

Request to excuse attendance

A request to excuse attendance must be served contemporaneously on all parties.

A request to the court to excuse attendance of any person whose attendance is required by these rules shall be made to the Supervising Settlement Judge not less than seven court days before the date set for the settlement conference with a copy contemporaneously served on all parties.

WARNING

The order after hearing must be served within five days of receiving the court-signed order.

Such order shall be served within five days of receipt of the order signed by the court.

WARNING

Applies to

Complaint

Copies of the complaint must be served on all parties, with proof of service required.

copies of the complaint shall be served on all parties. A proof of service evidencing service of the complaint on all parties is required.

WARNING

Applies to

Court ruling

The moving party must serve the court's ruling on the Petition on all other parties within 5 calendar days of receipt.

Once the court rules on the Petition, the moving party must serve it on all other parties within 5 calendar days of receipt.

WARNINGCivil cases

Plaintiff(s) must diligently locate and serve each defendant so that all parties have appeared within the time allowed by law before the first case management conference.

Plaintiff(s) shall diligently locate and serve each defendant. It is the Court's intention, by this order, that all parties shall be served in sufficient time to have made an appearance within the time allowed under law prior to attending the first CMC.

WARNING

Applies to

Program case notice

In all CMP cases, a Program Case Notice must be served with the summons and complaint.

In all program cases, the Clerk of the Court shall make available a Program Case Notice. A copy of the Notice shall be served with the summons and complaint.

WARNING

Applies to

Complaint

A complaint about a child custody evaluator must be served on all parties with proof of service.

A party to the action may present a complaint about the performance of a child custody evaluator to the Supervising Judge. Said complaint shall be in writing and copies of the complaint shall be served on all parties. A proof of service evidencing service of the complaint on all parties is required.

WARNING

A declaration of proof of service of the Notice of Appeal on the Labor Commissioner must be filed.

(3) A declaration of proof of service of a copy of the Notice of Appeal upon the Labor Commissioner.

WARNING

Applies to

Case management statement

Any Case Management Statement or other document filed with the court must be served on all parties or their counsel of record unless the court directs otherwise.

Any Case Management Statement or other document filed with the court shall be served on all parties or their counsel of record unless otherwise directed by the court.

WARNING

A party requesting a hearing on a tentative ruling must notify the opposing side and advise the clerk that it has done so.

Further, the party must advise the clerk that such party has notified the other side of its intention to appear.

WARNING

Notice of hearings on special needs trust account approvals must be given to specified state department directors.

Special Needs Trusts require notice of the hearing on a petition for approval of an account of a special needs trust established pursuant to Probate Code section 3604 shall 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.

WARNING

Applies to

Notice

The Petitioner must serve the Amended Notice of Family Centered Case Resolution Conference and file proof of service.

the Petitioner shall serve the Amended Notice of Family Centered Case Resolution Conference and file proof of service.

WARNING

Applies to

Response

A response to a child custody evaluator complaint must be presented to the Supervising Judge within 7 days of service, served on all parties, with proof of service.

A response to the complaint, if any, shall be presented to the Supervising Judge within seven days of service of the complaint. Said response shall be in writing and copies of the response shall be served on all parties. A proof of service evidencing service of the response on all parties is required.

WARNING

Applies to

Request for exemption from mandatory electronic filing

An attorney requesting an e-filing exemption must serve the Request for Exemption on all parties.

An attorney requesting an exemption shall file with the clerk’s office and serve on all parties a Request for Exemption from Mandatory Electronic Filing and Service (JCC form EFS-007) with a Proposed Order (JCC form EFS-008).

WARNINGCriminal cases

Service

Mail

The Department of Revenue Recovery serves notice of FTPF calendar hearings by mail to the probationer's last known address, which probationers must provide to the court.

Notice of the court hearing shall be mailed to the probationer’s last known address, which all probationers are required to provide to the court as a condition of probation.

INFO

Ex parte responses may be served by personal service, fax, electronic means (if permitted), or overnight mail or other overnight carrier, with proof of service to the moving party.

Service may be by personal, by fax, by electronic means if permitted, or by overnight mail or other overnight carrier.

INFO

Notices of Entry must be sent directly to the litigant even when a non-attorney document preparer presents them for filing.

Notices of Entry shall be sent directly to the litigant, even when presented for filing by a non-attorney court document preparer.

INFO

Service

Personal service

The court clerk must personally serve counsel with a copy of the media request in the courtroom before the hearing.

The court clerk shall serve on counsel a copy of the request by personal delivery in the courtroom prior to the court hearing.

INFO

A demand to produce a signed copy of an electronically filed document must be served on all other parties but need not be filed with the court.

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

INFOCivil cases

Service

Mail to all parties

Before destroying trial court exhibits or depositions, the clerk must provide written notice to the parties by first-class mail of intent to dispose of the exhibits.

after the clerk provides written notice to the parties by first-class mail of intent to dispose of exhibits.

CRITICAL

An opposing party wishing to submit a written response must submit it to the drop-box by 8:30 a.m. on the hearing date with proof of service to the moving party; service may be by personal service, fax, electronic means if permitted, or overnight mail/carrier.

If the opposing/responding party wants to submit a written response for the court to consider, they must submit it to the drop-box by 8:30 a.m. on the scheduled ex parte hearing date, with proof of service to the moving party. Service may be by personal service, by fax, by electronic means if permitted, or by overnight mail or other overnight carrier.