San Joaquin Superior Court Service and Proof of Service Rules

Applies to

Motion

Service

Personal service

If other such motions are made in writing, the moving party must serve the opposing party by the first appearance in the trial department.

If other such motions are made in writing, the moving party must serve the opposing party no later than the first appearance in the trial department.

Applies to

Pretrial statement

The pretrial statement must be served on opposing counsel in every felony case.

In felony cases, the People and the Defendant shall file with the court, and serve on opposing counsel, a pretrial statement two (2) days prior to the scheduled pretrial conference.

Applies to

Jury instructions

All requested jury instructions must be presented to the trial court and served on opposing counsel at a time deemed appropriate by the court.

All requested instructions, including special instructions or modified CALCRIM instructions, shall be presented to the trial court and served on opposing counsel at a time deemed appropriate by the trial court.

Applies to

Motion to withdraw

Except after a failure to appear and issuance of a bench warrant, a motion to relieve counsel must be written, served on the defendant before the hearing, and comply with specified procedural rules.

Except when a defendant fails to appear and a bench warrant is issued, all motions to be relieved shall be in writing and served by counsel on defendant prior to the hearing and comply with Code of Civil Procedure sections 284 and 285 and California Rule of Court 376.

Applies to

Motion to withdraw

Defense counsel must also serve a copy of the motion to be relieved on the People.

Counsel for defendant shall also serve a copy of the motion on the People.

Applies to

Release application

The release applicant must declare that notice was given to both the District Attorney’s Office and the custodial institution.

The applicant must show by declaration that notice was given to the District Attorney’s Office and the custodial institution.

Applies to

Complaint

In every civil case, the plaintiff must serve the specified non-availability notice with the complaint.

In all cases, the plaintiff shall serve “Notice of “Non-Availability of Official Court Reporting Services in Civil Departments” (“Notice”) with the complaint.

Applies to

Complaint

Service of the non-availability notice must be identified on the Proof of Service of Summons.

The service information must be included on the Proof of Service of Summons.

Applies to

Cross complaint

A cross-complainant must serve the non-availability notice on each new party added to the action.

Likewise, the cross-complainant must serve the Notice on any new parties to the action.

Applies to

Motion

A party filing a motion must serve the non-availability notice on every party in the civil case.

In addition, parties that file motions must serve the Notice on all parties in the case.

Applies to

Motion

Service

Mail

Mail-service information for the non-availability notice must be included on the Proof of Services by Mail.

The service information must be included on the Proof of Services by Mail.

Deadline

10 court days

Applies to

Notice of remote appearance

A party may request to appear remotely by filing and serving Form RA-010 with the Court no later than 10 court days before the Evidentiary Hearing, Settlement Conference, Bench or Court Trial, Jury Trial, or Order to Show Cause.

a. A party may request to appear remotely by filing and serving a Notice of Remote Appearance Form RA-010 with the Court no later than10 court days before the Evidentiary Hearing, Settlement Conference, Bench or Court Trial, Jury Trial, or Order to Show Cause.

Deadline

10 calendar days

Applies to

Settlement conference statement

Each party must serve a Settlement Conference Statement on all other parties at least 10 calendar days before the hearing.

Each party must file with the court and serve all other parties with a Settlement Conference Statement at least ten (10) calendar days prior to the hearing.

Applies to

Ex parte order application

Proof of service must be filed with the Superior Court Clerk before the scheduled ex parte hearing.

Proof of Service must be on file with the Superior Court Clerk’s Office prior to the scheduled hearing.

Applies to

Complaint

A plaintiff or cross-complainant must serve the ADR information packet on every defendant or cross-defendant when the complaint or cross-complaint is served.

Plaintiffs and cross-complainants shall serve a copy of San Joaquin Superior Court ADR Information packet on each defendant or cross-defendant at the time the complaint or cross-complaint is served as required by California Rule of Court 3.221.

Applies to

Notice of settlement

When a case set for judicial arbitration or court mediation settles, the plaintiff must immediately serve the written notice on the appointed ADR neutral.

If a case that has been set for judicial arbitration or court mediation settles, plaintiff must immediately serve a copy of written Notice of Settlement or other disposition on the ADR neutral provider appointed in the case and file the Notice of Settlement with the court.

Other proofs of service must be filed simultaneously with the related papers, and failure to do so causes the document to be rejected.

Any other proofs of service shall be filed with the Clerk contemporaneously with the papers to which they pertain, failure to contemporaneously file a proof of service with a document shall result in the document being rejected for filing.

When the specified accounting petition is involved, copies of both the petition and notice of hearing must be served on all interested parties.

In the following cases a copy of the petition, as well as a copy of the notice of hearing, must be served on all interested parties:

For probate hearings, motions, applications, or requests, the SJPR-001 remote-appearance instructions must be served with or separately from the Notice of Hearing, and proof of service must be completed.

However, when noticing any hearing, motion, application, or request in the probate department, a copy of the local form Instructions and Requirements for Remote Appearance (SJPR-001) must be served with the Notice of Hearing or served separately, and a proof of service completed.

Applies to

Notice

Service

Mail

Notice must be mailed to all contingent devisees and beneficiaries named in the will, in addition to the notice required by Probate Code §§ 8110-8113.

notice shall also be mailed to all contingent devisees and beneficiaries named in the Will.

Deadline

15 calendar days

Applies to

Notice of refusal to petition for probate of will or codicil

The petitioner must serve all heirs or potential beneficiaries a copy of the rejected will or codicil attached to local form SJPR-202 at least 15 days before the hearing.

The petitioner shall serve a copy of the rejected Will and/or codicil attached to local form Notice of Refusal to Petition for Probate of Will or Codicil (SJPR-202) on all heirs of the decedent or potential beneficiaries under the document at least 15 days prior to the hearing on the petition.

The attorney must serve notice of the partial-compensation request and the supporting declaration, but the source does not specify the service method or timing.

B. The attorney shall submit a declaration attesting to the truth of the allegations and serve notice of the request and the declaration.

A petition seeking statutory attorney fees must be set for hearing, with 15 days’ notice to all interested persons.

The petition allowing statutory attorney fees must be set for hearing and fifteen (15) days notice thereof must be given to all interested persons.

If the Court determines that a temporary-guardianship hearing is necessary, the petitioner or attorney must serve the notice on persons required to receive it and file proof of service with the Court.

D. If the Court determines that a hearing on the petition for a temporary guardianship is necessary, the Court will send notice to the petitioner and/or petitioner’s attorney. The attorney or petitioner must then serve a copy of the notice on those required to receive notice and file a proof of service with the Court.

When an ex parte temporary guardianship is granted and the permanent-guardianship hearing is more than 30 days away, the petitioner or attorney must serve the reconsideration-hearing notice and file proof of service.

E. If the request for a temporary guardianship is granted ex parte, and a hearing on the permanent guardianship is more than 30 days away, a hearing to reconsider the temporary guardianship will be set by the Court and notice provided to the petitioner and/or the petitioner’s attorney. The attorney or petitioner must then serve a copy of the notice on those required to receive notice and file a proof of service with the Court.

Service

Personal service

Absent a good-cause court order, the Public Guardian must personally serve the temporary LPS application package on the Public Defender’s Office at least five days before appointment, with proof of service filed before judicial review.

Unless the Court for good cause otherwise orders, not less than five (5) days before the appointment of a temporary LPS conservator, the Public Guardian shall personally serve notice of the proposed ex parte application and any other supporting documents seeking the appointment of a temporary LPS conservator on the Public Defender’s Office. Proof of service must be on file with the Superior Court Clerk’s office before any request is reviewed by the Court.

The treating facility must notify the patient’s family or other patient-designated person of the writ hearing’s time and place unless the patient requests that the information not be provided under Welfare and Institutions Code section 5276.

The treating mental health facility shall notify family members or any other person designated by the patient, of the time and place of the hearing on the writ, unless the patient requests that this information not be provided as set forth in Welfare & Institutions Code Section 5276.

The treating facility must advise the patient of the right to request that hearing information not be provided to family or another designated person.

The patient shall be advised by the facility that is treating the patient that he or she has the right to request that this information not be provided.

The physician or treating facility must notify the patient’s attorney and the court at the writ hearing that the required notice provisions were followed.

The physician or treating facility shall notify the patient’s attorney and the Court at the writ hearing that compliance with this provision has been met

When the consumer in the dependency action is the minor, notice under Section 1985.3 must also be given to the Department of Child Protective Services.

Notice under § 1985.3, where the consumer is the minor subject of the dependency action, shall be given to Department of Child Protective Services of the Human Service Agency of San Joaquin County in addition to the person or persons specified in §1985(b)(1).

Required

Always

An ex parte order application requires a written declaration or sworn statement showing reasonable notice efforts or another specified basis for not giving notice, subject to the rule's exception.

Except as provided in this rule, no application for an order shall be made ex-parte unless the applicant shows by written declaration, or statement under oath, that a reasonable effort has been made to give notice to all other parties, who have appeared in the matter, or that notice would be inappropriate or impractical or would result in irreparable injury, or that the order would not result in a significant direct burden or inconvenience to any other party.

Notice of a petition to modify under Welfare and Institutions Code section 388 must be provided to all counsel of record and any parent appearing pro per.

Notice of the application for modification, pursuant to rule 8-200, shall be made to all counsel of record and to any parent appearing in pro per.

Deadline

10 court days

Service

Personal service to all parties

When another party gives the requesting party written notice personally served at least 10 days before the hearing or within two judicial days after receipt of the declarations, whichever is later, the requesting party must produce the hearsay declarant at the hearing.

The requesting party shall produce the hearsay declarant at the hearing upon written notice by any other party, personally served 10 days prior to hearing or within two judicial days of receipt of the declarations, whichever is later.

Deadline

5 court days

Service

Personal service to all parties

Responding parties must produce their hearsay declarant at the hearing after written notice personally served five judicial days before the hearing or within two judicial days after receipt of the declarations, whichever is later.

The responding parties shall produce their hearsay declarant at the hearing upon written notice by any party, personally served five judicial days prior to the hearing or within two judicial days of receipt of declarations whichever is later.

Deadline

5 court days

Applies to

Responsive declarations or report

Service

Personal service

Responsive declarations or a report must be served five judicial days before the hearing if personally served.

Responsive declarations, or report, shall be served five judicial days before the hearing, if personally served,

Deadline

10 court days

Applies to

Responsive declarations or report

Service

Mail

Responsive declarations or reports served by mail must be served at least ten judicial days before the hearing.

or ten judicial days, if by mail.

A family-law emergency request must comply with the notice requirements of California Rules of Court Rule 5.165.

The requesting party must also comply with the notice requirements set forth in California Rules of Court, Rule 5.165

Applies to

Objection to videography testimony

Objections to videography testimony must be filed and served 10 days before the hearing, and replies must be filed and served 5 days before the hearing.

Any objection to videography testimony must be filed and served 10 days prior to the date set for hearing. Any reply thereto shall be filed and served 5 days before the date set for hearing.

Applies to

Reply to objection to videography testimony

A reply to an objection to videography testimony must be filed and served 5 days before the hearing.

Any reply thereto shall be filed and served 5 days before the date set for hearing.

Applies to

Objections and replies to videography testimony

Objections and replies concerning videography testimony must be served by fax or email.

Service of objections and reply shall be by fax or email.

Applies to

Declaration of disclosure

In a dissolution or legal separation, the clerk may not enter default unless a Declaration of Disclosure was served at least 30 days before default or a Marital Settlement Agreement was filed.

The Clerk of the Court shall not enter a default in a dissolution or legal separation unless a Declaration of Disclosure has been served at least 30 days prior to the entry of the default or unless the parties have filed a Marital Settlement Agreement.

Applies to

Income and expense declaration and declaration of disclosure

Before filing an at-issue memorandum, the requesting party must submit a good-faith settlement proposal and serve a current Income and Expense Declaration and completed Declaration of Disclosure with attachments.

Prior to the filing of an at-issue memorandum, the party requesting the trial date must have submitted a good faith settlement proposal of all issues to the opposing side and must have served a current Income and Expense Declaration and a completed Declaration of Disclosure including attachments.

Applies to

Ex parte application for videoconference appearance at trial and order and objections

The application must be served, and objections to it must also be served within five days after service.

Any objections to the application must be filed and served no later than five (5) days after service of the Application.

Service

Email

For matters heard in department #5A, documentary evidence must be emailed to the opposing party or their attorney, and to DCSS in DCSS matters, at least five days before the hearing, excluding Saturdays, Sundays, and holidays.

For matters heard in department #5A, any documentary evidence that the parties wish the bench officer to consider must be emailed directly to the other party or that party’s attorney, if represented, and, if the matter is a DCSS matter, then to DCSS at least five days prior to the hearing, excluding any Saturday, Sunday, or holiday as provided for under Code of Civil Procedure section 135.

Deadline

10 court days

Applies to

Ex parte application

A request for remote appearance by telephone must be served at least 10 court days before the scheduled hearing.

A party may request to appear remotely by telephone by filing and serving an Ex Parte Application for Remote Appearance at Hearing and Order (Form SJ-FL-005) with the Court no later than10 court days before the Evidentiary Hearing, Mediation, Settlement Conference, Trial, or Order to Show Cause.

Applies to

Objection

Objections to a remote-appearance application must be served within five days after service of the application.

Any objections must be filed and served no later than five (5) days after service of the Application.

Applies to

Document

Service

Email

A document emailed to the court at the hearing must also be copied to all counsel of record and self-represented parties.

In the event the court requires a party/attorney to submit a document at the time of the hearing, the party/attorney must send the document in a .pdf format to the court at familycourtclerks@sjcourts.org, and must copy all counsel of record and self-represented parties on that email.

Applies to

Documents for court consideration

In department #5A, parties must provide the court and the other side with documents they want considered before the hearing.

For matters heard in department #5A, parties must provide any documents they want the court to consider prior to the hearing and must provide copies to the other side.

Deadline

5 court days

Applies to

Documentary evidence

Service

Email to opposing party

Documentary evidence for the bench officer must be emailed to the other party or represented counsel and, in DCSS matters, to DCSS at least five days before the hearing, excluding weekends and holidays.

Any documentary evidence the parties wish the bench officer to consider must be emailed directly to the other party or that party’s attorney, if represented, and, if the matter is a DCSS matter, then to DCSS at least five days prior to the hearing, excluding any Saturday, Sunday, or holiday as provided for under Code of Civil Procedure section 135.

The court will shorten service time for Requests for Order, Orders to Show Cause, or Notices of Motion only through an ex parte request or stipulation supported by a declaration or affidavit clearly showing necessity.

The Court will not shorten time for service of Requests for Order, Orders to Show Cause, or Notices of Motion except upon a written declaration or affidavit clearly showing the necessity therefor through an ex parte request or by stipulation.

The notice, application, and any response must be served on all parties, the relevant adoption placement agency, and the minor’s appointed counsel.

Notice, and the application, and any response thereto, shall be served upon all parties, including the Human Service Agency or other adoptive placement agency with which the minor had first been placed, and to appointed counsel for the minor.

Applies to

Evidence

A moving party must serve supporting evidence when serving the application.

The moving party shall serve their evidence with the application.

Applies to

Evidence

A responding party must serve responsive evidence with the response.

Any responding evidence must be served with the response.

Deadline

5 court days

Applies to

Notice of remote appearance

A Notice of Remote Appearance must be served no later than 5 court days before the applicable hearing.

A party may request to appear remotely by filing and serving a Notice of Remote Appearance Form RA-010 with the Court no later than 5 court days before the Small Claims Actions, Unlawful Detainer Cases, Civil Harassment Restraining Orders, or Other Evidentiary Hearings.

Deadline

3 court days

Applies to

Opposition to remote proceedings

An Opposition to Remote Proceedings may be served no later than 3 court days before the hearing.

In response to notice of remote appearance, any party may file and serve an Opposition to Remote Proceedings Form RA-015 no later than 3 court days before the hearing in question.

Applies to

Notice of record election

A notice electing the original trial court file must be served within the California Rules of Court, Rule 8.831 record-designation time limits.

An appellant in an appeal in a civil limited case, electing to use the original trial court file as set out in subsection A, must file and serve the notice of election within the same time limits for designation of record set out in California Rules of Court, Rule 8.831.

The Notice of Case Assignment and Notice of Hearing must accompany service of the complaint, summons, and ADR information on all named defendants.

A copy of this notice must be included with service of the complaint, summons, and ADR information upon all named defendants.

A copy of the remote-appearance notice or opposition must be delivered to the department where the proceeding will be held.

Deliver a copy of any notice or opposition under (a) or (b) to the department where the proceeding will be held.

Applies to

Motion

Proof of service must be filed before the scheduled motion hearing.

Proof of service must be on file before the scheduled hearing.

Service

Mail

A filer requesting return of documents by mail must provide a properly postage-stamped self-addressed envelope.

If you prefer to have your documents returned by mail, you must provide a self-addressed, stamped envelope with proper postage.

Deadline

2 court days

Applies to

Opposition

An opposition to remote proceedings may be served no later than 2 court days after service of the remote-appearance notice.

b. In response to notice of remote appearance, any party may file and serve an Opposition to Remote Proceedings Form RA-015 no later than 2 court days from date of service of a party’s notice of remote appearance.

For ex parte relief other than matters involving attachments, opposing counsel or parties should receive reasonable oral or written notice of the application’s time and place unless good cause supports proceeding without notice.

When ex-parte relief, other than that involving attachments, is sought, opposing counsel (or if unknown, opposing parties) should be given reasonable notice, orally or in writing, of the time and place that such application will be made, unless there is good cause for proceeding without notice, so that an informal hearing or conference may take place.

Service

Personal service

When service is made at a party’s residence, at least one attempt must occur outside usual business hours, and substituted service may be completed on a new calendar day after the second attempted personal service.

If service is at a party's residence, one attempt of serve must be at a time other than usual business hours, i.e., other than between 9:00 a.m. and 5:00 p.m. The substituted service could then be executed on a new calendar day following the second attempted personal service

The ex parte notice requirement does not apply to applications for protective custody warrants for dependent minors.

This rule shall not apply to applications for protective custody warrants for dependent minors. (Eff. 07/01/98)

If the opposing party or counsel has no email address, the document may be served by text, mail, instant message, or another method, subject to the bench officer’s determination of sufficiency.

If no email exists for the opposing party or counsel, alternative methods of service must be used (e.g., text, mailing, or instant message). The bench officer will determine the sufficiency of any such alternative service method.

Deadline

10 court days

Applies to

Notice of remote appearance

A request for remote appearance requires filing and service of the Notice of Remote Appearance and submission of the Order Regarding Remote Appearance no later than 10 court days before the proceeding.

To request remote appearance, file and serve Notice of Remote Appearance (RA-010) and submit Order Regarding Remote Appearance (RA-020) no later than 10 court days before the proceeding.

Deadline

5 court days

Applies to

Opposition to remote proceedings

A party may file and serve an Opposition to Remote Proceedings no later than 5 court days before the proceeding.

Any party may file and serve Opposition to Remote Proceedings (RA-015) no later than 5 court days before the proceeding.

Applies to

Civil mediation stipulation

Counsel need not serve the civil mediation stipulation on the parties.

Service list (counsel need not serve the Stipulation on parties.