Santa Clara Superior Court Service and Proof of Service Rules

CRITICALCriminal cases

The party requesting a criminal protective order modification must serve the Request on all parties and agencies at least five days before the hearing, and the prosecuting attorney must send a copy to the protected person unless the protected person is the requester.

The requesting party is responsible for service of the Request on all appropriate parties and agencies, including the District Attorney's office, Adult Probation (if the accused is on formal probation), the accused, and the accused's attorney of record at least five days before the hearing. Except when the protected person is the requesting party, the prosecuting attorney must send a copy of the Request to the protected person at their last known address.

CRITICALCivil cases

Deadline

24 hours

Notice and copies of the ex parte petition and supporting documents must be served on all parties at least 24 hours before presenting the petition.

A notice and copy of the petition and any supporting documents must be served on all parties at least 24 hours before presenting the ex parte petition to the Court.

CRITICALCivil cases

Applies to

Application to be relieved as counsel

Counsel for a minor must serve parties or their attorneys with the Ex Parte Application to be Relieved as Counsel (PB-4073) along with a blank response form (PB-4074).

The attorney for the minor(s) shall serve the parties or attorneys for the parties the Ex Parte Application and Order to be Relieved as Counsel for Minor Child (attached form PB-4073) along with a blank Response to Application to be Relieved as Counsel for Minor Child (attached form PB-4074).

CRITICAL

Notice must be given to relevant parties when petitioning for inspection.

Such petition must make a prima facie showing of sufficient relevance and necessity for inspection and provide notice to the relevant parties.

CRITICAL

Writ petitions must be served on all parties and the trial court.

The writ petition must be served on all parties and the trial court.

CRITICAL

All papers and documents in dependency cases where Hilary Kushins appeared must be served on Dependency Legal Associates at 111 West Saint John St., Suite 333C, San Jose, CA 95113.

IT IS FURTHER ORDERED that, effective April 16, 2018, all papers and documents in dependency cases in which Hilary Kushins has appeared shall be served on Dependency Legal Associates as follows: Dependency Legal Associates, 111 West Saint John St., Suite 333C, San Jose, CA 95113.

CRITICAL

Applies to

Petition

The person filing a W&I Code Section 388 petition or Application for Order re Interest of the Child must serve a copy of the notice on all parties or their attorneys, the child advocate, and others as required by law, unless the Court orders otherwise.

The person filing the W & I Code Section 388 petition or an Application for Order and Order re Interest of the Child must serve a copy of the notice on each of the parties or their attorneys, the child advocate, and others as prescribed by law. Notice may be dispensed with upon Order of the Court.

CRITICALCriminal cases

A Petition for Resentencing must be filed with the Criminal Clerk's office and served on the District Attorney's Office.

A person currently serving a sentence for a conviction of a felony who requests a recall of the sentence and resentencing as a misdemeanor under Penal Code § 1170.18(a) shall file a Petition for Resentencing with the Criminal Clerk’s office at the Hall of Justice in San José, and shall serve a copy on the Santa Clara County District Attorney’s Office, 70 West Hedding St., West Wing, San José, CA 95110.

CRITICALCivil cases

Applies to

All papers and documents

All papers and documents in dependency cases where Associate Dependency Attorneys appeared must be served on Office of Dependency Counsel.

IT IS FURTHER ORDERED that, effective October1, 2008, all papersanddocuments in dependencycasesin which AssociateDependencyAttorneyshas appearedshall be servedon Office of DependencyCounselas follows: Office of DependencyCounsel,31 North Second, Suite 330, SanJose,CA 95113.

CRITICALCivil cases

Compensation petitions for conservators, guardians, trustees, or counsel must be served on the Court Investigator in addition to all persons required by law.

All petitions for compensation to a conservator, guardian, or counselor for a conservator, guardian, conservatee, or ward, or for compensation to a trustee or counsel for a trustee in a matter where a trust has been created to hold the assets of a conservatee or ward, must be served on the Court Investigator as well as on all persons required under the law to be served.

CRITICAL

Notice of changes in the Department's recommendations must be provided to the parties and Court at least three court days before the settlement conference or long cause trial, whichever is earlier.

Notice (written, verbal, or electronic) of any changes in the Department's recommendations must be provided to the parties and Court no later than three court days before the date of the judicially supervised settlement conference or long cause trial whichever is earlier.

CRITICALCivil cases

Deadline

24 hours

Notice of an ex parte application and proposed order must be served on all parties 24 hours before presenting to the court, unless notice is dispensed by court order.

Notice of the application and proposed order must be served on all parties 24 hours before presenting the ex parte petition to the court unless the court orders that notice may be dispensed.

CRITICALCriminal cases

Copies of all moving and responding papers must be served on opposing counsel, co-counsel, and counsel for all co-defendants on the same day the originals are filed, unless previously served.

A copy of all moving and responding papers must be served upon opposing counsel, co-counsel, and counsel for all co-defendants on the same day that the originals are filed, unless previously served.

CRITICALCivil cases

Applies to

All papers and documents

All papers and documents in dependency cases where Dependency Legal Services appeared must be served on Family Legal Advocates.

IT IS FURTHER ORDERED that, effectiveOctober1, 2008,all papersanddocuments in dependencycasesin which Dependency Legal Serviceshasappearedshall be servedon Family Legal Advocatesasfollows: Family Legal Advocates,3! North Second,Suite 335,San Jose,CA 95113

CRITICALCivil cases

Applies to

Emergency screening instructions

The Emergency Screening Instructions (PB-4046) must be served on all parties ordered to an emergency screening.

When an emergency screening is ordered, the Order shall be made on a Probate Order for Emergency Screening and the Emergency Screening Instructions (attached form PB-4046) shall be served on all parties ordered to the emergency screening.

CRITICALCivil cases

Objections must be filed with a proof of service on all counsel or self-represented parties, and FCS or the private evaluator must be served with an endorsed filed copy shown on a proof of service.

(3) Objections shall be filed with the Court, along with a proof of service on all counsel or self-represented parties. FCS or the private evaluator must be served with an endorsed filed copy of the objections, which must also be shown on a proof of service.

CRITICAL

Before submitting ex parte orders for approval, the applicant must give notice and a copy of the application to all counsel, social workers, Probation, and unrepresented parents/guardians, or explain why notice was not given.

Before submitting ex parte orders to a judicial officer for approval, the applicant must give notice of, and a copy of the application for ex parte orders, to all counsel, social workers, the Probation Department, and parents and/or legal guardians who are not represented by counsel or explain the reason notice has not been given.

CRITICALCivil cases

Applies to

All papers and documents

All papers and documents in dependency cases where Preeti Mishra individually appeared must be served on Catherine Nguyen.

IT IS FURTHER ORDERED that, effective October 1,2008, all papers and documents in dependency casesin which Preeti Mishra, Esq., has individually appeared shall be served on s Catherine Nguyen, Esq. as follows: Law Office of Catherine Nguyen, 31 North Second, Suite 325A, SanJose,CA 95113.

CRITICAL

Deadline

2 court days

Responsive papers must be filed and served two (2) Court days before the hearing.

Any responsive papers must be filed and served two (2) Court days prior to the hearing.

CRITICALCriminal cases

A Petition to Redesignate must be filed with the Criminal Clerk's office and served on the District Attorney's Office.

A person who has completed a sentence for a conviction of a felony who requests a redesignation as a misdemeanor under Penal Code § 1170.18(f) shall file a Petition to Redesignate Felony Conviction as Misdemeanor with the Criminal Clerk’s office at the Hall of Justice in San José, and shall serve a copy on the Santa Clara County District Attorney’s Office, 70 West Hedding St., West Wing, San José, CA 95110.

CRITICALCivil cases

Applies to

Capacity declaration

Service

Mail

The Capacity Declaration supporting a medical treatment authorization petition must be served by mail or personally upon the proposed conservatee.

A petition seeking authorization to give informed consent for medical treatment of a conservatee must be supported by an appropriate declaration on the Judicial Council form as described below, furnishing evidence required by Probate Code § 813, stating that there is no form of medical treatment for which the conservatee has the capacity to give consent and the reasons therefore and signed by a medical practitioner or licensed psychologist, which must be filed with the Court prior to the hearing. This form must not be attached to the Petition for Appointment of Conservator but must be filed separately and served by mail or personally, at the option of petitioner, upon the proposed conservatee.

CRITICAL

All briefs must be served on the opposing party and the trial court, and include a proof of service.

All briefs must be served on the opposing party and on the trial court and must contain a proof of service.

CRITICALCriminal cases

Deadline

3 court days

In felony cases, notice of a request to keep a record sealed must be filed and served on all appearing parties at least three court days before the preliminary examination.

Notice of any request that record remain sealed shall be provided in accordance with section E and shall be filed and served on all parties who have appeared in the proceedings at least three Court days prior to the first date scheduled for the preliminary examination.

CRITICALCivil cases

Deadline

24 hours

Any written response to an ex parte application must be served on the moving party and filed with the Probate Document Examiner within 24 hours of submission, unless the Court requests an expedited response.

Attorneys or self‐represented parties must serve on moving party and file with the Probate Document Examiner any written response to the ex parte application within 24 hours of the ex parte application’s submission to the Court, unless the Court requests an expedited response.

CRITICAL

All papers and documents in dependency cases where Margaret Law appeared must be served on Dependency Legal Associates at 111 West Saint John St., Suite 333C, San Jose, CA 95113.

IT IS FURTHER ORDERED that, effective April 16, 2018, all papers and documents in dependency cases in which Margaret Law has appeared shall be served on Dependency Legal Associates as follows: Dependency Legal Associates, 111 West Saint John St., Suite 333C, San Jose, CA 95113.

CRITICALCivil cases

Applies to

Change of address notification guardian

Service

Mail

A copy of the guardian's Notification of Change of Address (PB4047) must be mailed to the Court Investigator.

When the address of the guardian will be changed, the Notification of Change of Address of Conservator/Guardian (attached form PB4047) must be filed with the Court and a copy mailed to the Court Investigator. (Effective 1/1/2011)

CRITICALCivil cases

Deadline

21 calendar days

Parties have 21 calendar days from the application date to respond, and responses must be served on the minor child's counsel and all other parties.

Parties or attorneys for the parties will have 21 calendar days from date of the application to respond to the request. Responses shall be served on the counsel for the minor child and all other parties.

CRITICALCivil cases

Applies to

Capacity declaration

Service

Mail

The Capacity Declaration must be filed separately and served by mail or personally upon the proposed conservatee, and may be designated confidential with a Confidential Document Cover Sheet.

The Capacity Declaration must not be attached to the Petition for Appointment of Conservator but must be filed separately and served by mail or personally, at the discretion of the petitioner, upon the proposed conservatee. The petitioner may designate the legal capacity form as confidential by attaching a completed Confidential Document Cover Sheet (see attached form PB-4003) to it when it is filed.

CRITICAL

Persons or agencies seeking documents or records must give notice to all necessary parties.

The person or agency seeking the documents or the records must give notice to all necessary parties.

CRITICAL

Deadline

5 court days

Discovery motions must be served on all parties at least five (5) Court days before the hearing.

The motion must be served on all parties at least five (5) Court days before the hearing date.

CRITICALCivil cases

Applies to

RA-015 Opposition to Remote Proceeding

A blank RA-015 must be served on all parties with a request for remote-appearance approval.

You must also serve all parties with a blank RA-015 [Opposition to Remote Proceeding].

CRITICAL

Subpoenas for FCS records and the signed Protective Order must be served on FCS at least six weeks before the date the records are required.

Subpoenas for the production of FCS records and the signed Protective Order must be served on FCS at least six weeks in advance of the date the records are required.

CRITICALCivil cases

Applies to

Notice to small claims litigants

Plaintiffs must serve the Notice to Small Claims Litigants with the Plaintiff's Claim.

The plaintiff must serve the Notice to Small Claims Litigants [see form SC-8006] with the Plaintiff's Claim and Order to Go to Small Claims Court.

CRITICALCivil cases

Notice to all parties must be given no later than 10:00 a.m. the court day before filing an ex parte application.

All ex parte applications must comply with CRC 3.1203(a), which requires notice to all parties no later than 10:00 a.m. the court day before the ex parte application is filed., absent a showing of exceptional circumstances that justify a shorter time for notice or no notice.

CRITICAL

Deadline

10 calendar days

Applies to

Custody settlement conference statement

Each party must file and serve a CSC Statement at least 10 calendar days before the CSC, stating remaining issues and proposed alternative language.

Each party shall file and serve a CSC Statement at least 10 calendar days before the CSC, clearly stating any remaining custody or visitation issues and any proposed alternative language.

CRITICAL

Deadline

10 calendar days

Applies to

Judicial custody conference statement

Each party must serve and file a Judicial Custody Conference Statement at least 10 calendar days before the scheduled JCC.

Each party must serve and file a Judicial Custody Conference Statement at least 10 calendar days before the scheduled JCC. (See attached form FM-1016.)

CRITICAL

Unless the Court orders otherwise for good cause, subpoenas for FCS personnel depositions or FCS records may not be served until evaluation recommendations are complete and an objection is filed.

Absent a Court order based on good cause, no deposition subpoena of FCS personnel and no subpoena for FCS records shall be served until recommendations pursuant to an evaluation are complete and an objection is filed.

CRITICALCivil cases

Specified pretrial documents must be served on all other parties by noon on the Friday before trial.

Unless the case settled at the Mandatory Settlement Conference or dismissed in full prior thereto, or unless otherwise ordered by the Court, the following items must be filed, with courtesy paper copies delivered to the department of the trial judge or with Court Services if no trial judge has yet been assigned, and served on all other parties by noon on the Friday before the date set for trial:

CRITICALCivil cases

Applies to

Landlord tenant assistance programs notice

Plaintiffs/cross-complainants in unlawful detainer actions must serve the Landlord/Tenant Assistance Programs Notice with the summons and complaint.

The plaintiff or cross-complainant in any unlawful detainer action must serve the "Landlord/Tenant Assistance Programs Notice" (Form CV-5102) simultaneously with the service of the summons and complaint on all defendants or cross-defendants.

CRITICALCivil cases

The pretrial exchange required by CRC 3.1548(b) must be served no later than 10 days before the pretrial conference.

The pretrial exchange required by CRC 3.1548(b) must be served no later than 10 days before the pretrial conference.

CRITICALCivil cases

The filing party must serve the completed Civil Lawsuit Notice on all parties at the same time as service of the pleading, and the notice must reflect the most up-to-date CMC information.

The party who filed the initial pleading must serve a copy of the Civil Lawsuit Notice completed by the clerk on all other parties named in the pleading. A party who later files a pleading that adds a new party must serve a copy of the Civil Lawsuit Notice on all new parties. Service of the Civil Lawsuit Notice must be completed at the same time as service of the pleading. When the Civil Lawsuit Notice is served, it must reflect the most up-to-date information available concerning the date, time and location of the next Case Management Conference (CMC).

CRITICAL

Notice of an ex parte application must be given to the opposing party before 10:00 a.m. on the court day before the matter is considered.

Notice of the application must be given to the opposing attorney or self-represented party before 10:00 a.m. on the court day before the matter is to be considered by the court.

CRITICAL

Deadline

10 calendar days

Applies to

Settlement conference statement

Settlement Conference Statement must be served at least 10 days before MSC, or 15 days if by mail.

At least ten (10) calendar days before the MSC, or fifteen (15) calendar days if service is by mail, each party must file and serve on the other party a Settlement Conference Statement.

CRITICAL

Objections to a mediated agreement must be submitted to FCS with proof of service on all attorneys or self-represented parties.

The parties may object to the mediated agreement by submitting written objections to FCS, along with a proof of service on all attorneys or self-represented parties.

CRITICALCivil cases

Parties must exchange exhibits at the Pre-Trial Meet and Confer, excluding documents for bona fide impeachment.

Parties must exchange exhibits excluding documents for bona fide impeachment at the Pre-Trial Meet and Confer.

CRITICAL

Deadline

10 court days

JPD must provide DFCS and minor's counsel copies of specified documents within 10 court days of the order modifying juvenile court jurisdiction.

In order to facilitate the discovery of this information, the court hereby orders that JPD shall provide DFCS and minor's counsel copies of the following documents, should they exist in the minor's case file: 1. Applications and orders related to the administration of psychotropic medications. These documents include Judicial Council forms JV-220, JV-220(A) and JV-223 2. Findings and Orders related to limitations on a parent's right to make educational decisions. These documents include Judicial Council forms JV-535, JV-536 and JV-537 3. JV-790, Order for Restitution and Abstract of Judgment 4. Individualized Educational Plans of the minor 5. Unsealed psychological evaluations of the minor conducted within 12 months prior to the court's order modifying the juvenile court's jurisdiction These documents shall be provided by JPD within 10 court days of the order modifying the juvenile court's jurisdiction.

CRITICALCivil cases

Applies to

Notice of case management conference date

Plaintiff must give notice of the first case management conference date (generally scheduled 120 days after filing) to all other parties.

The first case management conference is generally scheduled one hundred twenty (120) days after the action is filed. Plaintiff is required to give notice of this conference date to all other parties.

CRITICAL

Deadline

5 calendar days

Applies to

Settlement position statement

Counsel must submit settlement position statements to the Settlement Judge and serve them on all parties (without filing) at least five calendar days before the settlement session.

Counsel must submit to the Settlement Judge and serve on all parties, but not file, a written statements of their position regarding settlement no later than five calendar days before the settlement session.

CRITICALCivil cases

Cross-complainants must serve these guidelines on any new parties and give notice of scheduled hearings and depositions at the time the cross-complaint is served.

Cross-complainants must serve a copy of these guidelines upon any new parties and give notice of any scheduled hearings and depositions at the time the cross-complaint is served.

CRITICALCivil cases

Deadline

5 court days

Each party must serve its Mandatory Settlement Conference Statement on every other party no later than five court days before the conference.

No later than five court days before the date set for the Mandatory Settlement Conference, each party must file with the court and serve on each party a Mandatory Settlement Conference Statement not to exceed five pages, excluding exhibits.