San Diego Superior Court Service and Proof of Service Rules

CRITICAL

Deadline

5 court days

Proof of service must be filed at least five court days before the hearing.

Proof of service must be filed no later than five court days before the date of the hearing.

CRITICAL

Applies to

Notice of case assignment and case management conference

After being served with the notice in these circumstances, the plaintiff must serve a copy on all parties within 10 days.

Upon receipt of these cases, a notice of the change in status of the case, and/or in all cases of a continuance of the Case Management Conference, the Clerk of the Court will, unless otherwise ordered, send plaintiff a form Notice of Case Assignment and Case Management Conference and within 10 days of being served with the Notice plaintiff must serve all parties in the case with a copy of said Notice.

CRITICAL

Applies to

Notice of death of plaintiff

Plaintiff’s counsel must serve the Notice of Death of the Plaintiff on all other parties within 10 calendar days after receiving notice of the death.

Within 10 calendar days of receiving notice of the death of a plaintiff, counsel for the plaintiff must file with the court and serve upon all other parties in the action, a Notice of Death of the Plaintiff.

CRITICAL

The mediator must serve JC Form #ADR-100 after completing it.

The mediator shall complete, serve, and file JC Form #ADR-100 with the court within 10 days after the mediation session is concluded. (Code Civ. Proc. § 1775 et seq.)

CRITICAL

Deadline

2 court days

In trials with one or more parties appearing remotely, all evidence must be served at least two court days before trial.

The parties must submit to the court and serve all evidence at least two court days prior to the scheduled trial date.

CRITICAL

Applies to

Notice of case assignment and case management conference

Each cross-complainant must serve the notice on each cross-defendant when serving the cross-complaint.

All cross-complainants must serve a copy of the Notice of Case Assignment and Case Management Conference upon each cross-defendant at the time the cross-complaint is served.

CRITICAL

Applies to

Expert designation

Service

Personal service to all parties

Expert designations and accompanying discoverable reports and writings must be personally served on all other parties within 15 days after service of the trial de novo request, but service by mail is permitted if made within 10 days.

Within 15 days of the date of any method of service of a trial de novo request, pursuant to Code of Civil Procedure sections 2034.260 and 2034.270 each party must personally serve on all other parties a designation of expert witnesses who will be relied upon at the trial de novo, along with all discoverable reports and writings, if any, of those experts. However, service by mail of the above designation is permitted if made within 10 days of service of the trial de novo request.

CRITICAL

Deadline

10 calendar days

Parties must provide submitted evidence to all other parties within the same ten-calendar-day period and be able to show proof of exchange if requested.

The parties must submit all evidence to be reviewed and considered to the court at least ten calendar days prior to the scheduled trial date. All evidence submitted to the court must also be provided to the other parties in this same time frame and parties must be able to provide proof that their evidence was exchanged, if requested.

CRITICAL

Proof of service of the lodgment and notice of lodgment must be filed for all opposing parties, and the court must be given the means to return the lodgment under rule 3.1302(b).

File proof of service of the lodgment and notice of lodgment on all opposing parties, and provide the court with the means of return of the lodgment in accordance with California Rules of Court, rule 3.1302(b).

CRITICAL

Proof of service must be filed at least five days before the hearing.

Proof of service must be filed not later than five days before the date set for hearing.

CRITICAL

Applies to

Complaint

Except in collection cases under rule 3.740 and unlawful detainer actions, all defendants must be served and proofs of service filed within 60 days after the complaint is filed.

Except for Collection Cases filed under California Rules of Court, rule 3.740 and Unlawful Detainer actions, within 60 days of the filing of the complaint, all defendants must be served and proofs of service filed showing service on the defendants pursuant to California Rules of Court, rule 3.110.

CRITICAL

The moving party must notify the other side of the remote appearance when ex parte notice is given.

For ex-parte hearings, a moving party intending to appear remotely must file a “Notice of Remote Appearance” (JC Form #RA-010) together with ex parte papers and notify the other side when ex parte notice is given.

CRITICAL

Applies to

Complaint

To qualify for service other than personal service, the plaintiff must establish reasonable diligence aimed at actual notice, including the specified attempts on different days and at different times, subject to the business-address flexibility.

To qualify for other than personal service of a complaint and summons under Code of Civil Procedure section 415.20 et seq., reasonable diligence aimed at providing the defendant with actual notice must be established (e.g., personal service must be attempted on at least three different days at three different times of day). All attempts cannot be in the a.m. or all in the p.m. At least one of the three attempts must be before 8 a.m. or after 5:30 p.m., and at least one of the three attempts must be between the hours of 8 a.m. and 5:30 p.m. or on Saturday or Sunday at any time. If service is attempted at a business address, all three attempts may be made during the normal business hours of that business.

CRITICAL

Deadline

5 court days

Applies to

Settlement conference statement

Unless otherwise ordered, written party-position statements must be served on the other parties five court days before the settlement conference, except in the specified unlawful detainer proceedings.

In all cases except unlawful detainer proceedings in which a party is represented by counsel under the Sargent Shriver Civil Counsel Act, written statements of the position of each party must be lodged with the settlement conference judge and served on other parties five court days prior to the settlement conference, unless otherwise ordered.

CRITICAL

A party who intends to appear remotely for a trial must provide notice to the court and all parties or persons entitled to receive notice of the proceedings at least two court days prior to the trial readiness conference by filing and serving a “Notice of Remote Appearance” (JC Form #RA-010). For unlawful detainer court trials, this notice must be provided at least two court days prior to the trial. Any witness who intends to appear remotely for a trial must provide the same notice at least two court days prior to the trial unless a party has previously provided such notice.

A party who intends to appear remotely for a trial must provide notice to the court and all parties or persons entitled to receive notice of the proceedings at least two court days prior to the trial readiness conference by filing and serving a “Notice of Remote Appearance” (JC Form #RA-010). For unlawful detainer court trials, this notice must be provided at least two court days prior to the trial. Any witness who intends to appear remotely for a trial must provide the same notice at least two court days prior to the trial unless a party has previously provided such notice.

CRITICAL

Applies to

Complaint

The complaint must be served with the Notice of Case Assignment and Case Management Conference, applicable damages notices, and ADR information materials except in collection cases.

The following must be served with the complaint: A. The Notice of Case Assignment and Case Management Conference; B. A notice of the amount of special and general damages if the complaint seeks to recover damages for personal injury or wrongful death; C. A notice of the amount of punitive damages sought, if applicable; and D. ADR information materials (not applicable to collection cases).

CRITICAL

Applies to

Case initiating document

The plaintiff, cross-complainant, or petitioner must serve current copies of the specified General Order and Civil Electronic Filing Requirements with the case-initiating document.

Plaintiff/cross-complainant/petitioner must serve copies of the current versions of the San Diego Superior Court General Order: In Re Procedures Regarding Electronically Imaged Court Records, Electronic Filing and Access to Electronic Court Records in Civil and Probate Cases, and the Electronic Filing Requirements (Civil) (SDSC Form #CIV-409), with the complaint, cross-complaint, petition, or other case-initiating document.

CRITICAL

If further proceedings require a civil-case exhibit, the party that introduced it must promptly deliver it to the court and notify all parties.

In the event further proceedings of any court having jurisdiction of the matter require the presence of any exhibit, the party introducing the exhibit must promptly deliver the exhibit to the court, with notice to all parties.

CRITICAL

The plaintiff or cross-complainant must serve every defendant with the case-assignment and case-management-conference notice and the other documents required by rule 2.1.5.

It is mandatory that the plaintiff or cross-complainant serve all defendants with a copy of the Notice of Case Assignment and Case Management Conference form and other documents as set out in rule 2.1.5.

CRITICAL

Applies to

Notice of case assignment and case management conference

The plaintiff must serve the notice on plaintiffs in intervention or interpleader within 10 days after being served with the related complaint.

plaintiff must also serve a copy of the Notice on plaintiffs in intervention or plaintiffs in interpleader, within 10 days of being served with a complaint in intervention or interpleader.

CRITICAL

The non-moving party must serve Form RA-010 by the stated deadline when appearing remotely at an ex parte hearing.

If a non-moving party intends to appear remotely, the non-moving party must file and serve a “Notice of Remote Appearance” (JC Form #RA-010) by 4:00 p.m. the court day prior to the ex-parte hearing.

CRITICAL

If an ex parte GVRO is ordered, the requesting party must have it served as required by applicable law.

If an ex parte GVRO is ordered, the court will fill in a date and time for the court hearing and the requesting party must have the GVRO served as required by applicable law.

CRITICAL

Deadline

5 court days

A request to be excused from personal attendance must be served on all parties at least five court days before the settlement conference.

Such requests must be served on all parties at least five court days prior to the settlement conference.

CRITICAL

Deadline

10 calendar days

Because the court does not retain trial evidence, parties must re-exchange evidence for a trial de novo appeal at least ten calendar days before the appeal date.

As evidence submitted to the court in connection with a small claims trial is not retained by the court, the parties must re-exchange and re-submit any evidence they want the court to consider for a small claims appeal (trial de novo hearing) at least ten calendar days before the scheduled appeal date.

CRITICAL

Service

Electronic service

A person required to e-file must also serve and accept service electronically, subject to exceptions for required personal service, a court order, and parties not subject to mandatory e-filing.

A party or other person that is required to file documents electronically in an action must also serve documents and accept service of documents electronically, except when personal service is otherwise required by statute or rule, the court orders otherwise, or the action includes a party or person that is not subject to mandatory e- filing in which case that party or person must be served by non-electronic methods unless they affirmatively consent to electronic service.

CRITICAL

Applies to

Settlement conference statement

Service

Mail

If papers are served by mail, they must be mailed at least 10 days before the court date.

If service is by mail, all papers must be mailed not less than 10 days before the court date.

CRITICAL

The requesting law enforcement officer must serve and file the GV-EPO order with the court as required by Penal Code section 18140.

The requesting law enforcement officer must then serve and file the order with the court per Penal Code section 18140.

CRITICAL

Applies to

Supplemental expert designation

Service

Personal service

A supplemental expert designation must be personally served within five days after personal service of the opponent’s initial list.

Any supplemental designation of experts must be personally served within five days of any personal service of the opponent's initial list, or within 10 days of any mail service of the opponent's initial list.

CRITICAL

The person who performed service must sign the proof, and each person who completed a component of multi-part service must sign a declaration.

Proofs of service must be signed by the person who actually accomplished the service. Where forms of service involve more than one component, declarations must be signed by each person completing a component.

CRITICAL

The opposition to remote proceedings must be served as well as filed, by the stated deadline for the applicable hearing or trial.

A person who wishes to oppose the use of remote technology at an evidentiary hearing or trial must do so in writing by filing and serving an “Opposition to Remote Proceedings at Evidentiary Hearing or Trial” (JC Form #RA-015) no later than noon on the court day before the evidentiary hearing or trial readiness conference, and must deliver a courtesy copy to the department. For unlawful detainer court trials, this notice must be provided no later than noon on the court day before the trial.

CRITICAL

A self-represented litigant consenting to electronic service must serve the consent notice on every party who has appeared in the action.

A self-represented litigant who wishes to consent to electronic service must file a Notice of Consent to Receive Electronic Service (SDSC Form # ADM-431) with the court and serve a copy on all parties who have appeared in the action.

CRITICAL

Deadline

5 court days

Unless the court orders otherwise, parties appearing remotely in covered trials must serve all evidence at least five court days before trial; Unlawful Detainer and Small Claims cases with one or more remote parties are excluded.

Unless otherwise ordered by the court, the following rules apply to trials other than in Unlawful Detainer and Small Claims cases in which one or more parties appear remotely: 1. Unless otherwise ordered by the court in a particular case, parties appearing remotely must submit and serve all evidence to the court at least five court days prior to the scheduled trial date.

CRITICAL

Deadline

5 court days

Applies to

Motion in limine

Unless otherwise directed by the court, counsel must file and serve motions in limine and opposition thereto five court days and two court days respectively prior to trial call.

Unless otherwise directed by the court, counsel must file and serve motions in limine and opposition thereto five court days and two court days respectively prior to trial call.

CRITICAL

A witness intending to appear remotely in these cases must provide oral or written notice as described for the proceeding.

Any witness who intends to appear remotely must provide oral or written notice as set forth above.

CRITICAL

Applies to

Request to continue hearing

A continuance request must be served on every party, and proof of service must be filed with the court.

Any party submitting a request to continue a hearing in a small claims matter must timely serve a copy of the request on all parties in the action, and file proof of service of the request with the court.

CRITICAL

Applies to

Notice of new hearing date

If a defendant joins after the court serves notice of a continued hearing, the plaintiff must serve that defendant with notice of the new hearing date.

If a defendant is brought into the case after a notice of continued hearing is served by the court, it is the responsibility of the plaintiff to serve notice of the new hearing date on the defendant.

CRITICAL

Deadline

5 court days

The remote-appearance notice for a covered hearing must be served on all parties or persons entitled to notice, and a remote witness at an evidentiary hearing must provide the same notice.

A party who intends to appear remotely for a hearing, including an evidentiary hearing, but excluding a trial or ex parte hearing, must provide notice to the court and all parties or persons entitled to receive notice of the proceedings at least five court days prior to the hearing by filing and serving a “Notice of Remote Appearance” (JC Form #RA-010). Any witness who intends to appear remotely for an evidentiary hearing must provide the same notice.

CRITICAL

The summons and complaint must be served, and their proof of service filed, within 60 days after the action is filed.

B. Service of Complaint. The Summons and Complaint must be served and the Proof of Service of the Summons and Complaint must be filed within 60 days of the filing of the action.

CRITICAL

If the mediator fails to file the form, the plaintiff must serve a copy of the completed form on all parties.

If the mediator fails to do so, plaintiff shall, within 15 days after the mediation is concluded, file a completed JC Form #ADR-100 with the court and serve a copy thereof on all parties.

CRITICAL

The exhibits custodian and all parties must receive notice of applications for the specified exhibit exceptions.

Applications for exceptions to this rule regarding large or irregularly shaped objects, firearms, firearms ammunition, drugs, or money shall be made in writing to the Criminal Supervising Judge or their designee, with notice to the branch court’s exhibits custodian and all parties.

CRITICAL

Applies to

Notice of case assignment and case management conference

When serving a party with the summons, the plaintiff must also serve that party with the complete Notice of Case Assignment and Case Management Conference.

At the time of service of the summons on any party, plaintiff must also serve a complete copy of said Notice of Case Assignment and Case Management Conference upon that party;

WARNING

The court expects complaints and cross-complaints to be served by the initial Case Management Conference.

The court expects the complaint and any cross-complaints will be served and all answers filed or defaults entered by the time of the initial Case Management Conference.

WARNING

The judgment creditor receives conformed copies showing the appearance date, time, and place for service.

Conformed copies with the appearance date, time, and place will be returned to the judgment creditor for service.