San Luis Obispo Superior Court Service and Proof of Service Rules

Deadline

5 court days

Applies to

Motion

After the clerk assigns a hearing date, the moving party must notify all interested parties and file proof of service at least five court days before the hearing.

When a motion is filed, the Clerk’s Office will assign all motion hearing dates. After the Clerk’s Office has assigned the motion for hearing, the moving party shall provide notice of the hearing date, time and location to all interested parties. The moving party shall file proof of service of the motion at least five (5) court days prior to the date set for the hearing.

Applies to

Motion restoration notice

A withdrawn or court-taken-off-calendar law-and-motion matter may be restored only by compliant written notice or by the court’s discretionary determination.

A law and motion matter which was withdrawn by the moving party, or taken off calendar by the Court, may be restored to the law and motion calendar only by written notice served in compliance with Code of Civil Procedure section 1005 or as determined by the Court in its discretion.

Deadline

10 hours

An ex parte application and supporting papers must be served on all other parties by 10:00 a.m. the day before the hearing unless good cause excuses non-service.

A party seeking an ex parte order shall serve the application and all supporting papers on all other parties no later than 10:00 a.m. on the day preceding the hearing, unless good cause exists for non-service of notice.

Deadline

5 court days

A written CourtCall request must be served on all other counsel and pro se parties and delivered to CourtCall by fax, mail, or personal delivery at least five court days before the hearing, with the required fee paid.

CourtCall Appearances are scheduled, in writing, in advance, by counsel serving on all other counsel and pro-se parties and delivering (via fax, mail, or personal delivery) to CourtCall, LLC, not less than five (5) court days prior to the hearing date, a Request for CourtCall Appearance form and by paying the stated fee for each CourtCall appearance.

Applies to

Mediation notice

Unless the court provides notice, the plaintiff must serve notice of court-ordered mediation on all interested parties within 20 days after the mediation order.

(1) Within 20 days from the date the Court orders mediation, the plaintiff must serve notice of the mediation to all interested parties, unless the Court provides notice to the parties;

Applies to

Complaint

The plaintiff must serve the summons and complaint on all defendants within 60 days.

The plaintiff must serve the Summons and Complaint on all defendants within 60 days.

Applies to

Complaint

Unless a responsive pleading has already been filed, a proof of service must be filed within ten days after service of the complaint on a defendant.

A Proof of Service must be filed with the court within ten days after the complaint is served on any defendant unless a responsive pleading has been filed.

After receiving the transferred-case documents from the clerk, the plaintiff must serve each document on every other party and file a certificate of service on each defendant within 10 days of receipt.

Upon receipt of the documents listed in 9.13A, the plaintiff must serve a copy of each document upon each other party to the action. Plaintiff must file a certificate that the documents were served on each defendant within 10 days of receipt of the documents form the clerk.

Applies to

Case management statement

Each party must file and serve a completed Case Management Statement fifteen days before the first Case Management Conference.

Each party must file and serve a completed Case Management Statement fifteen days before the first Case Management Conference.

All moving papers must be served and filed together with the notice of motion.

All moving papers shall be served and filed with the notice of motion.

Deadline

3 court days

Service

Personal service to agency

The prosecuting agency must be personally served with the declaration or offer of proof no fewer than three court days before the hearing.

The declaration or offer of proof must be filed and personally served on the prosecuting agency no fewer than three court days before the hearing; for example, for a hearing on Friday at 8:30 a.m., the declaration or offer of proof must be served and filed by Tuesday at 5:00 p.m.

Notices of motion, motions, written oppositions, and replies must be served and filed under California Rules of Court rule 4.111(a), unless a court order shortens the requirement or the opposing party waives it.

The notice of motion and motion, as well as any written opposition and reply, shall be served and filed pursuant to California Rules of Court, rule 4.111, subdivision (a), unless such requirement is shortened by court order or waived by the opposing party.

Applies to

Probation modification motion

A motion to modify probation requires at least 10 days’ notice, notice to the District Attorney and Probation Department when formal probation was granted, and proof of notice attached to the original request.

The court requires at least 10 days’ notice to calendar a motion for modification of probation. The request to place the motion on calendar must be made by the defendant or by counsel, and for all requests of modification of sentence, notice must be sent to the District Attorney’s Office as well as the Probation Department in cases in which formal probation is granted before such request will be considered or calendared for hearing. Proof of such notice must be attached to the original request filed with the court.

Applies to

Notice

Service

Publication to clerk

The Clerk is responsible for publishing notices when publication is required.

The Clerk must be responsible for publication of notice where required.

Applies to

Notice

Service

Mail

When notice is served by mail, the petitioner or petitioner's attorney must serve it and file a proper proof of service.

Where notice by mail is required to be given, petitioner or petitioner’s attorney must give the matter the notice and file a proper proof of service.

All interested parties must receive notice no later than 10:00 a.m. on the court day before an ex parte appearance for Letters of Special Administration.

Moreover, all interested parties must be notified no later than 10:00 a.m. the court day before the ex parte appearance.

The applicant must notify the surviving spouse, nominated executors, other potential applicants, and other equitably entitled persons unless the court orders otherwise for good cause.

The party seeking Letters of Special Administration must give notice of the application to the surviving spouse, the person(s) nominated as executor(s), other persons who seek or might be expected to seek letters, and any other person who appears to be equitably entitled to notice, unless on good cause shown the Court orders otherwise.

A family-allowance petition filed more than six months after qualification must be noticed and placed on the regular probate calendar.

A Petition for Family Allowance made more than six (6) months after the personal representative has qualified must be noticed and placed on the regular probate calendar.

A family-allowance petition benefiting persons other than the surviving spouse or minor children must receive notice under Probate Code section 6541(c) and be heard on the regular probate calendar.

A Petition for Family Allowance for the benefit of persons other than the surviving spouse and/or minor children will be heard on the regular probate calendar after notice has been given pursuant to Probate Code Sec. 6541(c).

Service

Other to agency

A Medi-Cal-based spousal property transaction petition must also be served on the Director of the California Department of Health Services.

When the petition is predicated upon the nonpetitioning spouse's qualification for Medi-Cal benefits, notice shall also be given to the Director of the California Department of Health Services.

Notice in an estate-distribution entitlement proceeding must be given in the manner prescribed by Probate Code section 11701.

Notice must be given in the manner prescribed in Probate Code Sec. 11701.

Applies to

Claim

Service

Mail

The claimant must file the original claim with the court and mail a copy to the personal representative.

Pursuant to Probate Code Sec. 9150(b), the claimant must file the original claim with the Court and mail the personal representative a copy.

Service

Publication

Published notice of the intention to sell estate real property is required unless Probate Code Section 10300 excuses it.

Unless excused by the provisions of Probate Code Sec. 10300, a publication of notice of intention to sell real property of the estate is required.

Applies to

Petition to confirm sale

Notice of the petition to confirm the real-property sale must be given to the original purchaser or the purchaser's agent when the address is unknown, and proof of service must be filed before confirmation.

The original purchaser, or his/her agent if the original purchaser's address is not known, must be given notice of the petition to confirm sale of real property and proof of service of same must be filed with the Court prior to the date of confirmation of sale.

Applies to

Petition for authority to administer estate

A separate petition seeking authority to administer an estate must be accompanied by notice given in the manner specified by Probate Code section 10451.

If the request for authority to administer the estate under the Independent Administration of Estates Act is made by separate petition, notice must be given in the same manner set forth in Probate Code Sec. 10451.

The petitioner must provide notice at least five days before the guardianship hearing.

The petitioner must give notice at least five days before the hearing in compliance with Probate Code § 2250(e)(1).

Service

Personal service

The proposed conservatee must be personally served with a GC-320 citation and a copy of the petition.

The proposed conservatee must be personally served with a Citation (GC-320) and a copy of the petition.

Service

Mail

The Notice of Hearing must be mailed to the persons described in Probate Code section 1822.

The Notice of Hearing must be mailed to those persons described in Probate Code Sec. 1822.

Service

Mail

The court may not shorten the statutory time for giving notice of hearing.

The court may not shorten the time for giving the notice of hearing under this section.

Required

Always

A party seeking temporary guardianship or conservatorship letters must give application notice to the listed persons and any other equitably entitled person unless the court orders otherwise on good cause.

A party seeking temporary Letters of Guardianship or Conservatorship must give notice of the application to the spouse, parents, proposed ward or conservatee, other persons who seek or might be expected to seek letters, and any other person who appears to be equitably entitled to notice, unless on good cause shown the Court orders otherwise.

Required

Always

A temporary conservator or guardian may be appointed without notice only in the most urgent situations.

A temporary conservator/guardian will be appointed without notice only in the most urgent situations.

Deadline

2 court days

Applies to

Casa report

CASA must serve the report on all entitled parties at least two court days before the hearing.

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

Unless an applicable exception applies, a party seeking an ex parte order must notify the opposing parties no later than 10:00 a.m. on the court day before the appearance, absent exceptional circumstances.

Except as provided by California Rules of Court section 31204(b) and/or Code of Civil Procedure section 527.6, a party seeking an ex parte order must notify the opposing party or parties of the request. Such notification shall take place no later than 10:00 a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances.

Applies to

FL-300 Request for Order for temporary emergency orders

Service

Electronic service to opposing party

The other party must be served with all accompanying pleadings and the FL-300 request as soon as possible and no later than 4:00 p.m. on the preceding court day.

All pleadings accompanying and including the FL-300 Request for Order for temporary emergency orders must be served on the other party as soon as possible, but in no event later than 4:00 p.m. the court day before the hearing.

Notice of a temporary-emergency-order request must be given to all other parties by 10:00 a.m. on the preceding court day unless appropriate justification for noncompliant notice is provided.

The moving party must give notice of the request for temporary emergency orders to all other parties by 10:00 a.m. on the court day prior to the date reserved for the judicial officer to review the request for temporary emergency orders or provide the court with appropriate justification as to why compliant notice was not provided.

Applies to

FL-300 Request for Order for temporary emergency orders

Service

Electronic service to opposing party

When the other party's or attorney's fax number or email address is known or publicly available, service by fax or email must be completed by 1:30 p.m.

If the other party’s (or attorney’s) facsimile number or email address is known or publicly available, the pleading and notice must be served by facsimile transmission or email no later than 1:30 p.m.

Applies to

Responsive declaration

A responding party must serve and file an FL-320 Responsive Declaration by the hearing date and time for the court to consider the response.

The responding party must serve and file a FL-320 Responsive Declaration to the Request for Order with the court by the hearing date and time (9:45 a.m. on the date of the ex parte hearing unless the notice provides for a different time) in order for their response to be considered by the court.

Applies to

Proof of service

When a responding party fails to appear, the moving party must immediately submit proof of timely service or the matter may be taken off the calendar.

If a responding party fails to appear at a hearing, the moving party must immediately submit proof of timely service to the court; otherwise, the matter may be taken off calendar.

Deadline

5 court days

Applies to

Remote appearance application

The remote-appearance application must be served at least five court days before the hearing.

A Local Form FL015, Application for Videoconference Appearance and Order must be filed and served at least five (5) court days prior to the hearing.

Parties seeking or opposing specified support, fee, or cost orders must serve the Rule 19.27 financial documents concurrently with the relevant FL-300 or FL-320, except for Domestic Violence Prevention Act filings unless the court later orders compliance.

For any hearing in which orders for child support, spousal support, family 97 ===== PAGE 108 ===== San Luis Obispo Superior Court support, or attorney’s fees and costs, including modification, are sought, each party requesting or opposing the orders must serve all necessary and indispensable parties with the following documents concurrent with their FL-300 Request for Order or FL-320 Responsive Declaration to Request for Order. This rule does not require compliance at the time of filing a request or response under the Domestic Violence Prevention Act. The court may order compliance with this rule at any subsequent noticed hearing.

The moving party must serve a copy of Rule 19.27 on every unrepresented party.

(f) Service of Rule on Unrepresented Party: The moving party must serve a copy of this rule on any unrepresented party.

Applies to

FL-150 income and expense declaration

A party must serve and file a current FL-150 declaration at least five days before a support or attorney-fees hearing when facts have changed or more than 90 days have passed since the last filing.

(j) Income and Expense Declaration Updates: If any facts have changed, or more than ninety days have passed, since the filing of their last FL-150 Income and Expense Declaration, each party shall serve and file a current FL-150 Income and Expense Declaration at least five (5) days before any hearing regarding spousal support, child support, or attorney fees and costs.

Applies to

Rule 19 27 documents

In Department of Child Support Services motions, parties must comply with Rule 19.27 on demand and provide proof of service on all parties.

(k) Department of Child Support Services Matters: On motions initiated by the Department of Child Support Services, the parties must comply with rule 19.27 upon demand and provide proof of service of the documents upon all parties.

Applies to

Rule 19 27 compliance declaration

No later than 21 days before the scheduled proceeding, parties must serve Rule 19.27-compliant documents and file a compliance declaration.

(1) Rule 19.27 Compliance Due Date: No later than twenty-one (21) days before the scheduled proceeding, the parties shall serve documents in compliance with rule 19.27 and file a declaration of compliance with the court.

Applies to

Exhibits

On the scheduled proceeding day, the parties must exchange their exhibits and a completed mandatory FL019 exhibit list, excluding solely impeachment evidence, and provide exhibit copies to the court.

On the day of the scheduled proceeding, exchange exhibits and a fully completed mandatory Local Form FL019 “Exhibit List” showing the number and brief description of all documentary evidence that a party intends to present, other than evidence intended solely for impeachment, and provide a copy of those exhibits to the court for note taking.

Applies to

Order judgment

When the court returns an endorsed filed order or judgment, the submitting party must serve a copy on every party or their counsel.

When a filed, endorsed copy of the order/judgment is returned by the court to the submitting party, a copy must be served on all parties or their counsel.

Applies to

Evaluator withdrawal request

An evaluator’s request to withdraw must be served on all parties before it is filed with the court.

The evaluator’s request to withdraw shall be served on all parties prior to filing any request to withdraw with the court.

Applies to

Custody evaluation report

A custody evaluation report must be served on party attorneys or self-represented parties before submission to the court.

In addition, the report must be served on the attorneys for the parties or the parties if they are self-represented, prior to submission to the court.

Service

Mail to all parties

The complaint must be served by mail on all parties or their counsel and on counsel for the minor.

The complaint must be served by mail upon all parties or their counsel and upon minor’s counsel.

Applies to

Jury instructions request

A copy of the jury-instructions request must be served on every other counsel in the case.

A copy of the document must be served upon each of the other counsel in the case.

Applies to

Motion in limine

An in limine motion may be filed and served by fax, express mail, or personal service, with the filing and service due no later than five court days before the first calendar call.

The motion to be filed and served by FAX, express mail or personal service, not later than five court days before the first calendar call of the case.

Applies to

Notice

If a party requiring notice cannot be located, a declaration of diligent search must be filed under California Rule of Court 7.52.

If the Petitioner cannot locate a party for which service of notice is required, please file a declaration of diligent search under Cal. Rule of Court 7.52.

Applies to

Temporary conservatorship petition

A separate copy of the temporary-conservatorship petition and related papers must be provided promptly to the Court Investigator’s office.

A separate copy of the petition and other papers filed must be provided to the Court Investigator’s office at 1120 Mill Street, Suite A, as soon as possible.

Applies to

Proof of service

Proof of service should be filed with the clerk before the hearing, and the matter may be removed from the calendar if it is not timely filed.

Proof of service should be filed with the clerk’s office prior to the hearing. The matter may be removed from calendar for failure to timely file proof of service.

Applies to

Proof of service

A proof of service of the summons and petition should be filed within 60 days after case initiation.

A proof of service of summons and petition should be filed within sixty (60) days of case initiation;

Applies to

Preliminary declaration of disclosure

The petitioner's preliminary declaration of disclosure should be served within 60 days after filing the petition.

The petitioner's preliminary declaration of disclosure should be served within sixty (60) days of the filing of the petition;

Applies to

Notice of hearing

Service

Mail

Guardianship hearing notice on form GC-020 may be served by mail to persons described in Probate Code Sec. 1511(d).

Notice (GC-020) may be served by mail on those persons described in Probate Code Sec. 1511(d).

Domestic Violence Prevention Act petitions are exempt from the ex parte notice requirements in Rule 19.12(a).

The ex parte notice requirements set forth in Rule 19.12(a) do not apply to petitions brought pursuant to the Domestic Violence Prevention Act.

Credit-card and investment-account statements need not be exchanged unless the court finds good cause to require them.

This subsection does not require the exchange of credit card statements and investment account statements, although the court may require their exchange if good cause is shown.