Court Rules

San Bernardino Superior Court Service and Proof of Service Rules

73 rules from official source documents

E-service, mail, personal service, proof of service, certificate, and timing requirements. This page is scoped to San Bernardino Superior Court; use the court rules overview to switch categories without leaving this court.

Applies to
Initial trial setting conference statement

The Initial Trial Setting Conference Statement must be served no later than 10 days before the conference.

The parties shall file and serve, no later than 10 days prior to the Initial Trial Setting Conference an Initial Trial Setting Conference Statement (local form #13-09001-360).

Court-level rulesCRITICALOfficial source
Applies to
At issue memorandum

The At Issue Memorandum must be served no later than 15 days before the trial setting conference.

In that event, an At Issue Memorandum shall be filed and served no later than 15 days prior to the trial setting conference.

Court-level rulesCRITICALOfficial source
Applies to
Motion in limine

All motions in limine must be written and filed with service completed at least 8 days.

All motions in limine shall be in writing and filed with service completed at least 8 days

Court-level rulesCRITICALOfficial source
Applies to
Notice of settlement

The parties must immediately notify the court of settlement and file and serve the Notice of Settlement.

In the event of settlement, the parties shall immediately notify the Court thereof and file and serve a Notice of Settlement.

Court-level rulesCRITICALOfficial source
Applies to
Notice of status removed case

The Notice of Status of Removed Case must be served no later than 15 days before the case-management or trial-setting conference.

The Notice of Status of Removed Case must be filed and served no later than 15 days prior to the date of the case management or trial setting conference.

Court-level rulesCRITICALOfficial source
Applies to
Motion or oraps

A proof of service must be filed at least 10 days before the examination for motions or ORAPS to avoid removal from the calendar.

Motions/ORAPS where a proof of service has not been filed at least ten days before the examination.

Court-level rulesCRITICALOfficial source

Parties must comply with California Rules of Court rule 3.1206 when serving ex parte application and opposition papers.

The parties shall comply with California Rules of Court, rule 3.1206 regarding service of ex parte application and opposition papers.

Court-level rulesCRITICALOfficial source
Applies to
Opposition

Written opposition to a Criminal Protective Order modification request must be filed no later than nine court days before the hearing and served as provided for oppositions under the Code of Civil Procedure.

Any written opposition to the modification request shall be filed no later than 9 court days prior to the hearing and shall be served in the manner provided for the filing of oppositions in Chapter 5 of Title 14 of Part 2 of the Code of Civil Procedure.

Court-level rulesCRITICALOfficial source

The notice of motion and all supporting papers must be served on every party using a method that provides sufficient response time.

The notice of motion and all supporting papers shall be served upon each party in the manner best calculated to provide sufficient time for each party to respond.

Court-level rulesCRITICALOfficial source
Applies to
Motion

The clerk will not accept a motion for filing unless it includes a proof of service.

The Court clerk shall not accept a motion for filing if it is not accompanied by a proof of service.

Court-level rulesCRITICALOfficial source
Deadline
15 calendar days
Service
Personal service to all parties

Absent a time-shortening order, the notice of motion and supporting papers must be personally served and filed at least 15 calendar days before the hearing.

Where an order shortening time is not necessary under Rule 1660, the notice of motion and supporting papers shall be personally served and filed at least fifteen (15) calendar days before the time appointed for the hearing.

Court-level rulesCRITICALOfficial source
Deadline
5 court days
Applies to
Opposition
Service
Personal service to all parties

Papers opposing a noticed motion must be filed and personally served on every party at least five court days before the hearing, subject to the Rule 1650.1 extensions when personal service is not used.

All papers opposing a noticed motion shall be filed with the Court and personally served on each party at least five Court days prior to the hearing, with the period for notice increased, as described in Rule 1650.1, supra, if personal service is not employed.

Court-level rulesCRITICALOfficial source

An objection to a request for juvenile information must be filed with the court and served on the petitioning party and all persons specified by California Rules of Court 5.552 and 5.553.

Any objection to a request for release of information shall be filed with the Court and served on both the petitioning party and all persons specified in California Rules of Court, rules 5.552 and 5.553.

Court-level rulesCRITICALOfficial source
Deadline
2 court days
Applies to
Reply brief

Reply papers must be filed and served on every party at least two court days before the hearing, subject to the Rule 1650.1 extensions when personal service is not used.

Any reply papers in support of the motion shall be filed with the Court and served on each party at least two Court days prior to the hearing, with the period for notice increased, as described in Rule 1650.1, supra, if personal service is not employed.

Court-level rulesCRITICALOfficial source
Deadline
4 hours

A party seeking an ex parte order shortening time must give each party at least four hours' notice of the application and proposed hearing time and place, and may provide that notice by telephone.

A party filing an Application for Ex Parte Order Shortening Time must give at least four (4) hours’ notice of the nature of the application to each party, together with the proposed time and place of the hearing. Notice may be given by telephone.

Court-level rulesCRITICALOfficial source
Deadline
2 court days
Applies to
Report

CASA must distribute each report to persons or entities entitled to receive it at least two court days before the hearing.

CASA shall distribute a copy of the report to each person and/or entity entitled to receive the report, at least, two (2) court days before the hearing for which the report was prepared.

Court-level rulesCRITICALOfficial source
Deadline
15 court days
Applies to
Restitution order
Service
Mail

Within 15 court days after receiving the order, the superior court clerk must mail an endorsed filed copy to listed persons and the originating juvenile court with a completed certificate of mailing.

Within 15 court days after receiving the order, the clerk of the superior court shall send by first-class mail an endorsed filed copy of the restitution order showing the new case number to (i) the persons whose names and addresses are listed on the order, and (ii) the originating juvenile court, with a completed clerk's certificate of mailing, for inclusion in the child's file.

Court-level rulesCRITICALOfficial source
Deadline
5 calendar days
Applies to
Proof of authenticity of electronic signature

A party receiving an authenticity demand must provide proof of authenticity to the requesting party within five days after service of the demand.

If a demand for production of authenticity of an electronically signed document is made, within five days of service of the demand the party on whom the demand is made must provide proof of authenticity to the requesting party.

Court-level rulesCRITICALOfficial source

The petitioner must serve the rejected will or codicil on all heirs and potential beneficiaries at least 15 days before the petition hearing.

(b) The petitioner shall serve a copy of the rejected will and/or codicil on all heirs of the decedent or potential beneficiaries under the document at least 15 days prior to the hearing on the petition.

Court-level rulesCRITICALOfficial source
Applies to
Inventory and appraisal

A filed conservatorship Inventory and Appraisal must include proof of service demonstrating compliance with Probate Code section 2610(a).

A proof of service indicating compliance with the service requirements of Probate Code section 2610(a) must be attached to a filed Inventory and Appraisal.

Court-level rulesCRITICALOfficial source
Applies to
Notice of change of residence

Notices of a conservatee's change of residence must be served on the court investigator, filed with the Probate Clerk's Office, and include the new telephone number.

All notices of change of residence pursuant to Probate Code section 2352(e)(1) and 2352(e)(3) must be served upon the court investigator and filed with the Probate Clerk’s Office. Such notices must include the new telephone number for the conservatee.

Court-level rulesCRITICALOfficial source

A plaintiff designating the case as complex or provisionally complex must serve the Initial Case Management Conference Order and the guidelines on all parties as early as possible before the conference.

A plaintiff designating the case as complex or provisionally complex must serve the Initial Case Management Conference Order and a copy of these guidelines on all parties at the earliest opportunity before the conference,

Court-level rulesCRITICALOfficial source

The plaintiff must file proof of service for the summons and complaint and for the Initial Case Management Conference Order.

A plaintiff designating the case as complex or provisionally complex must serve the Initial Case Management Conference Order and a copy of these guidelines on all parties at the earliest opportunity before the conference, and must file proof of service of the summons and complaint and proof of service of the Initial Case Management Conference Order with the court.

Court-level rulesCRITICALOfficial source

A defendant or cross-defendant counter-designating the case as complex or provisionally complex must serve the guidelines on all parties as early as possible.

A defendant (or cross-defendant) counter-designating the case as complex or provisionally complex must serve a copy of these guidelines on all parties at the earliest opportunity.

Court-level rulesCRITICALOfficial source

The movant must notify all parties of the court's ruling on the ex parte application.

Movant is required to give notice to all parties of the court’s ruling.

Judge Carlos CabreraCRITICAL
Service
Mail to all parties

A minute order with the next hearing date will be prepared and notice will be mailed to all parties or attorneys with an address on file.

A minute order will be prepared with the next hearing date and notice will be mailed to all parties or attorneys with an address on file.

Judge Carlos CabreraCRITICAL
Deadline
5 calendar days

Serve opposing counsel pursuant to statute or at least five calendar days before the Trial Readiness Conference, whichever deadline is sooner.

Service on opposing counsel pursuant to statute or five (5) calendar days before the Trial Readiness Conference, whichever is sooner:

Judge Carlos CabreraCRITICAL
Applies to
Exhibits

All non-impeachment exhibits must be premarked and delivered to the court on the first day of trial.

All non-impeachment exhibits shall be premarked and delivered to the court on the first day of trial.

Judge Carlos CabreraCRITICAL
Applies to
Exhibit flash drive

The exhibit flash drive must be provided to both the clerk and the court on the first day of trial.

A flash drive shall be provided to the clerk of the court and to the court on the first day of trial.

Judge Carlos CabreraCRITICAL
Deadline
5 calendar days
Applies to
Trial readiness conference documents

Documents for presentation at the Trial Readiness Conference must be served on opposing counsel pursuant to statute or at least five calendar days before the conference, whichever is sooner.

Required documents for presentation to court at Trial Readiness Conference; Service on opposing counsel pursuant to statute or five (5) calendar days before the Trial Readiness Conference, whichever is sooner:

Judge Carlos CabreraCRITICAL
Deadline
5 court days
Applies to
Trial documents

Trial documents must be served on opposing counsel by the applicable statutory deadline or five court days before the trial readiness conference, whichever is sooner.

Trial documents must be filed with the court and served on opposing counsel pursuant to statute or 5 court days before trial readiness conference, whichever is sooner:

Judge Charlie L. Hill Jr.CRITICAL

Notice of the discovery conference must be given to all parties.

Notice must be given to all parties.

Judge Charlie L. Hill Jr.CRITICAL
Deadline
5 calendar days
Applies to
Readiness calendar materials

The readiness-calendar materials must be served on opposing counsel by the earlier of the statutory service time or five calendar days before the readiness date.

Service on opposing counsel pursuant to statute or 5 days calendar days before readiness date, whichever is sooner:

Judge Gilbert G. OchoaCRITICAL

Documents required for presentation at the Readiness Calendar must be served on opposing counsel as required by statute.

Required documents to be presented to the Court at the Readiness Calendar, with service on opposing counsel pursuant to statute:

Judge Jeffery R. EricksonCRITICAL
Applies to
Motion in limine

All motions in limine must be filed directly in Department S-36, with service completed at least eight days before the Trial Readiness Conference.

Exception: Pursuant to Local Rule 411.2, all motions in limine shall be filed directly in Dept. S-36 with service completed at least 8 days before the Trial Readiness Conference.

Judge Joseph B. WidmanCRITICAL
Applies to
Motion in limine

Any written motion in limine must comply with SBC LR 415 and be served on the opposing party eight days in advance.

Motions In Limine in writing, if any, and in compliance with SBC LR 415. (See Kelly v. New West Financial Services, 49 CA 4th 659.) Motions in limine must be served on opposing party 8 days in advance.

Judge Joseph T. OrtizCRITICAL
Applies to
Order

Plaintiffs' counsel must serve the order on each defendant's counsel, or directly on each defendant if counsel is unknown, within ten days of appearance; failure may result in monetary sanctions.

Plaintiffs' counsel is ordered to serve this Order on counsel for each defendant or, if counsel is not known, on each defendant within ten days of appearance. Failure to serve this order may result in the imposition of monetary sanctions.

Judge Joseph T. OrtizCRITICAL
Applies to
Powerpoint slides

All PowerPoint slides used in opening or closing must be shared with the opposing side.

All PowerPoint slides used in opening or closing must be shared with the opposing side.

Judge Kevin C. LeeCRITICAL
Applies to
Witness advice about motion in limine rulings

Counsel must advise witnesses of applicable witness rules and the Court's motions-in-limine rulings.

Counsel are required to advise the witnesses of any rules pertaining to them and of the Court's rulings on motions in limine.

Judge Kevin C. LeeCRITICAL
Applies to
Witness notice

A witness generally may not be called without notice to all parties for the witness's intended testimony date, unless the Court approves in exceptional circumstances.

No witness may be called unless notice has been given to all parties on the date when the witness will testify absent court approval in exceptional circumstances.

Judge Kevin C. LeeCRITICAL
Applies to
Witness notice

Witness notice must be given no later than the end of the court day preceding the court day before the witness's testimony date.

Such notice shall be given no later than at the end of the court day preceding the court day before the witness is to testify. (e.g. Thursday session for next court session on fo11owing Monday).

Judge Kevin C. LeeCRITICAL
Applies to
Motion in limine

Service of a motion in limine must be completed at least eight days before the conference.

All Motions in Limine shall be in writing and filed with this Department and with service completed at least eight (8) days prior to the conference, and shall comply with Local Rule 415.

Judge Khymberli S. ApalooCRITICAL
Deadline
5 calendar days

The listed documents must be presented at the readiness calendar, with service on opposing counsel under the statute or at least five calendar days before the readiness date, whichever is sooner.

REQUIRED DOCUMENTS FOR PRESENTATION TO COURT AT READINESS CALENDAR WITH SERVICE ON OPPOSING COUNSEL PURSUANT TO STATUTE OR 5 CALENDAR DAYS BEFORE READINESS DATE, WHICHEVER IS SOONER:

Judge Kory MathewsonCRITICAL
Applies to
Informal discovery conference request

A Request for Informal Discovery Conference must be served on all parties by an authorized or agreed method no later than the next court day after filing.

Serve all parties pursuant to any authorized or agreed method of service that ensures that the opposing part/ies receive the Request for Informal Discovery Conference no later than the next court day following the filing.

Judge Lily L. SinfieldCRITICAL
Applies to
Informal discovery conference answer

An Answer to a Request for Informal Discovery Conference must be served on the opposing party by an authorized or agreed-upon method no later than the next court day after filing.

Be served on the opposing party pursuant to any authorized or agreed upon method of service that ensures that the opposing party receives the Answer no later than the next court day following the filing.

Judge Lily L. SinfieldCRITICAL
Applies to
Readiness calendar submission

The readiness-calendar submissions must be served on opposing counsel under San Bernardino County Local Rule 411 and following provisions.

REQUIRED DOCUMENTS FOR PRESENTATION TO COURT AT READINESS CALENDAR WITH SERVICE ON OPPOSING COUNSEL PURSUANT TO SAN BERNARDINO (SBC) LOCAL RULE 411 et seq.

Judge Michael A. SachsCRITICAL
Applies to
Readiness calendar documents

Documents presented to the court at the readiness calendar must be served on opposing counsel pursuant to San Bernardino County Local Rule 411 et seq.

REQUIRED DOCUMENTS FOR PRESENTATION TO COURT AT READINESS CALENDAR WITH SERVICE ON OPPOSING COUNSEL PURSUANT TO SAN BERNARDINO (SBC) LOCAL RULE 411 et seq.

Judge Nicole Quintana WinterCRITICAL

Notice of the IDC must be provided to all parties.

Notice of the IDC must be given to all parties.

Judge Stephanie TañadaCRITICAL
Applies to
Motion in limine

Moving papers and oppositions—and not replies—must be served and filed under Code of Civil Procedure section 1005(b).

Moving papers and oppositions ONLY shall be served and filed according to Code of Civil Procedure § 1005(b).

Judge Stephanie TañadaCRITICAL
Deadline
1 court days

Unless the court permits an exception, a witness may not be called without notice to all parties of the testimony date, given no later than the end of the court day immediately preceding the witness's testimony.

1, No witness may be called except with court permission in exceptional circumstances, unless notice has been given to all parties of the date when the witness will testify. Such notice shall be given no later than at the end of the court day proceeding the court day before the witness is to testify.

Judge Stephanie TañadaCRITICAL
Applies to
Motion

A motion seeking permission to reference other claims or actions must be served as if the Trial Readiness Conference were the hearing date.

5. Evidence of, or reference to, other claims or actions against any party to the litigation shall not be allowed without permission of the court. Any motion seeking permission must be served and filed as if the Trial Readiness Conference were the hearing date.

Judge Stephanie TañadaCRITICAL
Applies to
Motion

A motion seeking permission to reference a party's financial position or wealth must be served as if the Trial Readiness Conference were the hearing date.

6. Evidence of, or reference to, the financial position or wealth, or lack thereof, of any party to the litigation, shall not be allowed without permission from the court. Any motion seeking permission must be served and filed as if the Trial Readiness Conference were the hearing date.

Judge Stephanie TañadaCRITICAL

Notice of the informal discovery conference must be provided to all parties.

Notice of the IDC must be given to all parties.

Judge Stephanie TañadaCRITICAL

A witness generally may not be called without notice to all parties of the testimony date, except with court permission in exceptional circumstances.

No witness may be called, except with court permission in exceptional circumstances, unless notice has been given to all parties of the date when the witness will testify.

Judge Thomas GarzaCRITICAL
Applies to
Motion in limine

Motions in limine must be filed directly in Department R14, with service completed at least eight days before the Trial Readiness Conference.

All documents called out in the trial setting order must be either e-filed or hand delivered directly to the department by this date. Exception: Pursuant to Local Rule 411.2, all motions in limine shall be filed directly in Dept. R14 with service completed at least 8 days before the Trial Readiness Conference.

Judge Tony RaphaelCRITICAL
Applies to
Exhibits

The parties must exchange and inspect all exhibits intended for use at trial.

The parties shall exchange and inspect all exhibits to be used at trial.

Judge Tony RaphaelCRITICAL
Applies to
Joint exhibit list
Service
Email

Counsel must return one completed joint exhibit list by email to Judicial Assistant Sherri Scott.

Counsel are to return one completed joint list via email to the Judicial Assistant Sherri Scott at SScott@sb-court.org.

Judge Tony RaphaelCRITICAL
Applies to
Jury instructions
Service
Email

Plaintiff must email the Judicial Assistant electronic copies of the specified trial documents by the trial documents filing date.

Plaintiff shall email the Judicial Assistant an electronic copy in Microsoft Word format of the jury instructions, verdict forms, and joint statement of the case by the Trial Documents Filing Date.

Judge Tony RaphaelCRITICAL
Applies to
Jury instructions
Service
Email

Defendant must email the Judicial Assistant a Microsoft Word copy of additional jury instructions and objections to Plaintiff's instructions on the first day of trial.

Defendant shall email the Judicial Assistant on the first day of trial an electronic copy in Microsoft Word of any additional jury instructions not previously submitted by Plaintiff and a list of objections to Plaintiff’s instructions.

Judge Tony RaphaelCRITICAL
Applies to
Motion in limine

Any written motion in limine must be served on the opposing party eight days before the applicable filing event.

Motions in limine, in writing, if any, having been served on opposing party 8 days before.

Judge Wilfred J. Schneider Jr.CRITICAL
Applies to
Motion in limine or opposition

All motions in limine and oppositions must be served directly to Department S-37 at least five days before the Trial Readiness Conference.

All motions in limine and opposition shall be filed and served directly to Dept S-37 at least 5 days before the Trial Readiness Conference.

Judge Winston KehCRITICAL
Applies to
Ai generated evidentiary material

Unless the parties stipulate or the court orders otherwise, authenticity declarations, affidavits, or sworn testimony must be filed and served when AI-generated material is submitted or filed.

Absent stipulation between the Parties or other order of the Court on scheduling, at the time of the submi.ssion or filing of any such material to the Court, the Party or counsel proffering such Al-generated material to the Court shall file and serve any declarations, affidavits, or sworn testimony to address the material's authenticity under the Evidence Code.

Judge Winston KehCRITICAL
Applies to
Mediation brief
Service
Email

An elected mediation brief must be emailed to the two identified IFHMB addresses at least five days before mediation.

Mediation briefs are not required.  If you choose to submit a mediation brief, the limit is 10 pages, including all photos and exhibits, and must be sent to mhill@ifhmb.com and amartin@ifhmb.com at least 5 days before the mediation.

Court-level rulesWARNINGOfficial source

The prevailing party must serve every party with written notice of the court’s ruling.

The party prevailing on the motion shall serve all parties with written notice of the court’s ruling.

Court-level rulesWARNINGOfficial source
Applies to
Reply

A reply to an opposition must be served and filed in the manner allowed by the Code.

Any reply to any opposition shall be served and filed in the manner allowed by the Code.

Court-level rulesWARNINGOfficial source

When notice is served by facsimile, express mail, or another overnight-delivery method, the required 15-day notice period is extended by two court days.

However, if service is affected by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required fifteen (15) day period for notice shall be increased by two (2) Court days.

Court-level rulesWARNINGOfficial source
Service
Mail to all parties

When notice is served by mail, the required notice period is extended by five calendar days.

If service is affected by mail, the period for notice shall be increased by five (5) calendar days.

Court-level rulesWARNINGOfficial source
Applies to
Demand for production of original

After filing or service of a document bearing a photocopied signature, any other party may demand the original signed document; the demand must be served on all other parties and not filed with the court.

At any time after filing or service of a document containing a photocopied signature, any other party may serve a demand for production of the original physically signed document. The demand must be served on all other parties but not filed with the court.

Court-level rulesWARNINGOfficial source
Applies to
Demand for authenticity of electronic signature

After filing or service of a document bearing an electronic signature, any other party may demand authenticity of the electronically signed document.

At any time after filing or service of a document containing an electronic signature, any other party may serve a demand for production of authenticity of an electronically signed document.

Court-level rulesWARNINGOfficial source
Applies to
Demand for authenticity of electronic signature

The authenticity demand must be served on all other parties and must not be filed with the court.

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

Court-level rulesWARNINGOfficial source
Service
Mail

For an incarcerated guardianship-notice recipient, the court may permit certified-mail service if the request includes a declaration explaining hardship from personal service.

when a person who is to receive personal notice of a guardianship proceeding is incarcerated in a jail or prison at the time of the filing ofthe Petition for Guardianship, the court may find that service upon the incarcerated person by certified mail is legally sufficient. Such a request for alternative service shall be accompanied by a declaration explaining why it would be a hardship for the petitioner to personally serve theincarcerated person.

Court-level rulesWARNINGOfficial source

A party receiving the standing trial order must notify an absent party and provide a copy of the order.

If one party is not present when the order is distributed, the party receiving the order shall give notice of this order and provide a copy.

Judge Kevin C. LeeWARNING

Notice of the discovery conference must be given to all parties.

Notice must be given to all parties.

Judge Nicole Quintana WinterWARNING
Common questions about San Bernardino Superior Court service and proof of service rules

What rule applies to service for motion in limine in San Bernardino Superior Court?

The rule addresses service method, recipient, or timing requirements. Motions in limine must be filed directly in Department R14, with service completed at least eight days before the Trial Readiness Conference.

View ruleSource: page 1, section TRIAL SETTING ORDERS

What rule applies to service for exhibits in San Bernardino Superior Court?

The rule addresses service method, recipient, or timing requirements. The parties must exchange and inspect all exhibits intended for use at trial.

View ruleSource: page 1, section EXHIBITS

What rule applies to service for joint exhibit list in San Bernardino Superior Court?

The rule addresses service method, recipient, or timing requirements. Details: method: service by email. Counsel must return one completed joint exhibit list by email to Judicial Assistant Sherri Scott.

View ruleSource: page 1, section EXHIBITS

What rule applies to service for jury instructions in San Bernardino Superior Court?

The rule addresses service method, recipient, or timing requirements. Details: method: service by email, timing: before filing. Plaintiff must email the Judicial Assistant electronic copies of the specified trial documents by the trial documents filing date.

View ruleSource: page 1, section JURY INSTRUCTIONS, VERDICT FORMS, and JOINT STATEMENT OF THE CASE

What rule applies to service for jury instructions in San Bernardino Superior Court?

The rule addresses service method, recipient, or timing requirements. Details: method: service by email. Defendant must email the Judicial Assistant a Microsoft Word copy of additional jury instructions and objections to Plaintiff's instructions on the first day of trial.

View ruleSource: page 1, section JURY INSTRUCTIONS, VERDICT FORMS, and JOINT STATEMENT OF THE CASE

What rule applies to serving all parties in San Bernardino Superior Court?

The rule addresses service method, recipient, or timing requirements. Details: recipient: all parties. Notice of the IDC must be provided to all parties.

View ruleSource: page 3, section IV. Notice and Attendance