Santa Clara Superior Court Service and Proof of Service Rules

CRITICAL

Deadline

10 calendar days

Applies to

Preliminary declaration of disclosure

Preliminary Declarations of Disclosure must be served at least 10 days before SOC, per Cal. Rules.

Preliminary Declarations of Disclosure must be served by all parties within the time frame specified in Cal. Rules, Rule 5.83, and in all cases at least ten (10) days prior to the SOC.

CRITICALCivil cases

The moving party must serve the ex parte order on all parties after it is filed.

The moving party is responsible for serving the ex parte order on all parties, once it has been filed.

CRITICALCivil cases

All papers in dependency cases where Allen Korenstein appeared must be served on Family Defense Counsel at the specified address.

IT IS FURTHER ORDERED that, effective April 16, 2018, all papers and documents in dependency cases in which Allen Korenstein has appeared shall be served on Family Defense Counsel as follows: Family Defense Counsel, 111 West Saint John St., Suite 333A, San Jose, CA 95113.

CRITICALCivil cases

Counsel who requests a court reporter transcript must contemporaneously notify opposing counsel of the request and the precise portions to be transcribed.

If counsel requests any court reporter to prepare a transcript of any portion of the proceedings, counsel MUST contemporaneously advise opposing counsel of the request and of the precise portions that will be transcribed.

CRITICAL

Deadline

10 calendar days

Applies to

Status case resolution conference questionnaire

Questionnaire must be served on the other party at least 10 calendar days before the Status Conference or CRC.

party requests a trial or long cause hearing, each self-represented party or attorney must file and serve on the other self- represented party or attorney a completed Status or Case Resolution Conference Questionnaire (Local Form FM-1010) at least ten (10) calendar days before any scheduled Status Conference or CRC. If

CRITICAL

Service

Personal service

Objections must be filed with the Court, served with proof of service on all attorneys or self-represented parties, and personally served on FCS or the private evaluator.

File specific written objections with the Court. File a proof of service showing service of the objections on all attorneys or self represented parties. Personally serve FCS or the private evaluator with an endorsed, filed copy of the objections and a copy of the proof of service showing service of the objections on the attorneys and parties. File a proof of service reflecting compliance with Rule 2(C)(5)(b)(iii).

CRITICALCivil cases

Applies to

Media or demonstrative exhibit

Exhibits requiring time or equipment to observe (slides, transparencies, movies, videotapes, audiotapes) must be made available to opposing counsel for review before the court session in which they will be used, and proceedings will not be delayed if the review has not occurred.

Counsel seeking to display to the jury any exhibit which required time and equipment to observe, such as slides, transparencies, movies, videotapes and audiotapes, MUST make such exhibit available to opposing counsel for review prior to commencement of the session of court at which the exhibit will be used. Proceedings will not be delayed to permit such a review if the review has not occurred by the time court is scheduled to begin.

CRITICALCivil cases

The supplemental exchange (CRC 3.1548(c)) and exchange of items (CRC 3.1551(b)) must be served no later than five days before the pretrial conference.

The service of the supplemental exchange required by CRC 3.1548(c), the filing required by CRC 3.1548(d), and the exchange of items required by CRC 3.1551(b), must take place no later than five days before the pretrial conference.

CRITICALCivil cases

All parties must receive notice of the request for remote-appearance approval.

Your request must be made at least 15 days prior to your hearing and you must provide notice to all parties.

CRITICAL

Ex parte notice is made by serving the Declaration FM-1013, proposed orders, and all moving papers on all self-represented parties and attorneys of record before submission; telephone notice alone is insufficient.

Notice is provided by serving upon all self-represented parties and all attorneys of record the Declaration in Support of Ex Parte Application for Orders (attached form FM-1013), the proposed orders, and all moving papers before submitting the moving papers to the Court Specialist, in one of the ways below. Telephone notice alone is not sufficient.

CRITICAL

Deadline

15 calendar days

Service

Personal service

The declaration supporting proposed custody and visitation orders must be served by personal delivery at least 15 calendar days before the Judgment is submitted.

If none of these conditions apply, Petitioner shall file and serve, by personal delivery, a declaration in support of the proposed orders at least 15 calendar days before the Judgment is submitted.

CRITICALCivil cases

Applies to

Complex civil guidelines

Plaintiffs must serve a copy of these Complex Civil Guidelines together with the summons and complaint.

PLAINTIFF MUST SERVE A COPY OF THESE GUIDELINES WITH THE SUMMONS AND COMPLAINT.

CRITICALCivil cases

All papers in dependency cases where David Flower appeared must be served on Family Defense Counsel at the specified address.

IT IS FURTHER ORDERED that, effective April 16, 2018, all papers and documents in dependency cases in which David Flower has appeared shall be served on Family Defense Counsel as follows: Family Defense Counsel, 111 West Saint John St., Suite 333A, San Jose, CA 95113.

CRITICAL

Service

Personal service

Ex parte notice may be made by personal service or, upon written consent, by facsimile with a printed electronic confirmation of receipt (attached to FM-1013) or the sender's declaration that the recipient acknowledged receipt.

Personal service or, upon written consent, by facsimile transmission with either a printed electronic confirmation of receipt, which must be attached to the Declaration in Support of Ex Parte Application for Orders (attached form FM-1013), or the sender's declaration that the recipient has acknowledge receipt;

CRITICAL

The moving attorney or self-represented party must give the opposing party notice of all ex parte applications before submitting the request, unless a listed exception applies and is documented in detail.

The moving attorney or self-represented party must submit a Declaration in Support of Ex Parte Application For Orders (attached form FM-1013) and must give notice of all ex parte applications to the opposing attorney or self-represented party before submitting the request, except under the following circumstances, which must be documented in detail in the application: a. The application requests Domestic Violence Prevention Act (DVPA) or gun violence restraining orders. b. Giving notice would frustrate the purpose of the order; c. Giving notice would result in immediate and irreparable harm to the applicant or the children who may be affected by the order sought; d. Giving notice would result in immediate and irreparable damage to or loss of property subject to disposition in the case; e. The parties agreed in advance that notice will not be necessary with respect to the matter that is the subject of the request for emergency orders, and the applicant provides evidence of that agreement; f. The party made reasonable and good faith efforts to give notice to the other party, and further efforts to give notice would probably be futile or unduly burdensome; or g. Notice is not required for the request at issue under Cal. Rules, Rule 5.170.

CRITICAL

Deadline

48 hours

Documents for FCS emergency screenings must be provided to FCS at least 48 hours before the screening and copied to opposing parties.

For FCS emergency screenings, any documents or other materials submitted to FCS must be provided no later than 48 hours in advance of the screening date and copied to opposing parties, including Minor's Counsel if applicable.

CRITICAL

Deadline

60 calendar days

Applies to

Evaluation report

The evaluator must serve written recommendations and a report on all parties and counsel no later than 60 calendar days after the first evaluation or BFA appointment.

No later than 60 calendar days after the date of the first evaluation or BFA appointment the evaluator must serve on all parties and counsel written recommendations and a report.

CRITICAL

Applies to

Notice of adr information

A notice regarding ADR information must be served with new Dissolution, Legal Separation, Nullity, Parentage, or Petition for Custody and Support of Minor Children filings, and with post-Judgment Requests for Order where a Judgment resolving all matters has been obtained.

A notice regarding Alternate Dispute Resolution Information must be served with any new Dissolution, Legal Separation, Nullity, Parentage, or Petition for Custody and Support of Minor Children, as well as with any post-Judgment Requests for Order in cases where a Judgment resolving all matters has been obtained.

CRITICALCivil cases

Applies to

Negotiable instruments

Counsel must submit original negotiable instruments to the Courtroom Clerk for cancellation under Rule 3.1806 unless otherwise ordered by the Court.

Counsel must submit to the Courtroom Clerk original negotiable instruments for cancellation pursuant to Rule 3.1806, unless otherwise ordered by the Court.

CRITICAL

Deadline

5 court days

Proof of service of the moving papers must be filed no later than five court days before the hearing, unless the Court granted an order shortening time.

Unless the Court has granted an order shortening time, proof of service of the moving papers must be filed no later than five court days before the hearing.

CRITICAL

When no full agreement is reached and no return mediation is scheduled, the mediator must serve a Referral to Post-Mediation Hearing on attorneys and self-represented parties and provide a copy to the Clerk's Office.

If the parties do not reach a full agreement at mediation and no return mediation is scheduled, the mediator must serve on the attorneys and any self-represented parties a Referral to Post-Mediation Hearing (PMH), and must provide a copy of the referral to the Clerk's Office.

CRITICAL

Deadline

5 calendar days

Service

Mail

When notice is by mail, moving papers must not be submitted until five calendar days after mailing; when by next-day carrier, until two calendar days after the carrier receives the papers.

Service is by mail, but notice is not complete and the moving papers must not be submitted to the Court Specialist until five calendar days after mailing. Where service is by next-day carrier, notice is not complete and the papers must not be submitted until two calendar days after the carrier receives the papers to be served.

CRITICALCivil cases

The plaintiff must serve the completed Civil Lawsuit Notice – Rule 3.740 Collections Cases on all defendants, and parties adding new parties must serve copies on new parties.

The plaintiff must serve a copy of the Civil Lawsuit Notice – Rule 3.740 Collections Cases completed by the clerk on all defendants. A party who later files a pleading that adds a new party must serve a copy of the Civil Lawsuit Notice – Rule 3.740 Collection Cases on all new parties

CRITICALCivil cases

Applies to

Written specification of deposition reading

Counsel must deliver opposing counsel a written specification of the deposition pages and lines proposed to be read for any purpose other than impeachment.

If counsel anticipates reading from the deposition transcript for any purpose other than impeachment, counsel must deliver to opposing counsel a written specification of the pages and lines proposed to be read.

CRITICAL

Applies to

Application

The moving party must send a copy of the application to FCS.

A copy of the application must be sent to FCS by the moving party.

CRITICAL

The party requesting criminal protective order modification must serve the Request on all parties and agencies, including the District Attorney, Adult Probation (if applicable), the accused, and the accused's attorney, at least five days before the hearing.

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.

CRITICAL

Deadline

90 calendar days

The Inventory and Appraisal and the Notice of How to File an Objection must be filed and served within 90 days of appointment pursuant to Probate Code § 2610.

The Inventory and Appraisal and the Notice of How to File an Objection must be filed and served within 90 days of appointment pursuant to Probate Code § 2610.

CRITICAL

Deadline

60 calendar days

Applies to

Recommendations and report

Evaluator must serve written recommendations and report within 60 calendar days of the first evaluation appointment.

No later than 60 calendar days after the date of the first evaluation or BFA appointment the evaluator must serve on all parties and counsel written recommendations and a report.

CRITICAL

Applies to

Gun violence restraining order

Respondent must be served with FM-1199 and both redacted and unredacted versions of the petition.

The respondent must be served with copies of form FM-1199 and the redacted and unredacted versions of the GV-100 or EPO-002.

CRITICAL

Notice requires serving the Declaration (FM-1013), proposed orders, and moving papers on all parties; telephone notice alone is insufficient.

Notice is provided by serving upon all self-represented parties and all attorneys of record the Declaration in Support of Ex Parte Application for Orders (attached form FM-1013), the proposed orders, and all moving papers before submitting the moving papers to the Court Specialist, in one of the ways below. Telephone notice alone is not sufficient.

CRITICAL

Deadline

5 calendar days

Service

Mail

For mail service, notice is complete only five calendar days after mailing; for next-day carrier, two calendar days after the carrier receives the papers.

Service is by mail, but notice is not complete and the moving papers must not be submitted to the Court Specialist until five calendar days after mailing. Where service is by next-day carrier, notice is not complete and the papers must not be submitted until two calendar days after the carrier receives the papers to be served.

CRITICAL

The fee schedule must be served as part of the petition on all persons entitled to notice and the Court Investigator.

and must serve the fee schedule as part of the petition on all persons entitled to notice under Probate Code § 1822 and to the Court Investigator.

CRITICAL

Deadline

2 court days

Responsive papers to a discovery motion must be filed and served two Court days prior to the hearing.

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

CRITICAL

Deadline

15 calendar days

Supervised party must provide the guide to supervisor within 15 days.

The supervised party must provide the visitation supervisor with a copy of A Guide for the Non-Professional Provider of Supervised Visitation within 15 days of appointment.

CRITICAL

Deadline

15 calendar days

Applies to

Declaration

Service

Personal service

If no custody/visitation condition applies, Petitioner must file and personally serve a supporting declaration at least 15 calendar days before the judgment is submitted.

If none of these conditions apply, Petitioner shall file and serve, by personal delivery, a declaration in support of the proposed orders at least 15 calendar days before the Judgment is submitted.

CRITICAL

Send copies of the notice of hearing and petition to the Public Defender and the appropriate Regional Center.

A copy of the notice of hearing and the petition must be sent to the Public Defender assigned to the conservatorship calendar and to the appropriate Regional Center.

CRITICAL

Applies to

Summons

Plaintiffs or cross-complainants in unlawful detainer actions must serve Form CV-5102 simultaneously 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.

CRITICAL

Applies to

Referral to pmh

When mediation does not produce a full agreement, the mediator must serve the Referral to Post-Mediation Hearing on the attorneys and any self-represented parties and provide a copy to the Clerk's Office.

If the parties do not reach a full agreement at mediation and no return mediation is scheduled, the mediator must serve on the attorneys and any self-represented parties a Referral to Post-Mediation Hearing (PMH), and must provide a copy of the referral to the Clerk's Office. (See attached form FM-1191)

CRITICAL

Applications for ex parte relief, including Orders Shortening Time, require advance notice to opposing counsel, co-counsel, and counsel for co-defendants.

Except as otherwise provided by law, for any application involving ex parte relief, including a request for an Order Shortening Time, advance notice must be given to opposing counsel, co-counsel and counsel for co-defendants.

CRITICAL

The CRC 3.1548(b) pretrial exchange 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.

CRITICAL

Applies to

Compensation petition

Compensation petitions for conservators, guardians, trustees, or their 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

In appeals, counsel for the moving party must serve opposing counsel (or the unrepresented party) with the transcript or copy of the recording within 10 calendar days of receiving it.

In cases involving appeals, counsel for the moving party shall serve opposing counsel or party, if unrepresented, with either a transcript or a copy of the recording requested within 10 calendar days of receipt of the copy of the recording.

CRITICAL

Subpoenas for FCS records and signed Protective Order must be served on FCS at least six weeks in advance.

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.

CRITICAL

Deadline

5 court days

The motion must be served on all parties at least five (5) Court days before the hearing date. The date for the hearing will be obtained from the Juvenile Division Court Clerk.

The motion must be served on all parties at least five (5) Court days before the hearing date. The date for the hearing will be obtained from the Juvenile Division Court Clerk.

CRITICAL

Petition for resentencing must be served on the Santa Clara County 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.

CRITICAL

Every Notice of Proposed Action must be filed with the Court together with the proof of service.

A copy of any Notice of Proposed Action must be filed with the Court together with the proof of service.

CRITICAL

Deadline

5 court days

Applies to

Moving papers

Proof of service of the moving papers must be filed no later than five court days before the hearing; failure can result in the matter being taken off calendar or reissued.

Unless the Court has granted an order shortening time, proof of service of the moving papers must be filed no later than five court days before the hearing. If a responding party fails to appear at a hearing and the moving party does not submit to the Court proof of timely service, the matter will be taken off calendar or reissued for service. If the responding party fails to appear and proof of service is submitted, the Court may enter orders based on the pleadings and evidence of the moving party, or continue the hearing and award attorney’s fees.

CRITICAL

Applies to

Informal supervision agreement

Copies of informal supervision agreements must be sent immediately to DFCS, FCS, and each parent.

a copy of that agreement must be sent immediately to DFCS, to FCS, and to each parent.

CRITICAL

Service

Mail

Capacity Declaration must be served by mail or personally on the proposed conservatee at petitioner's discretion.

and served by mail or personally, at the discretion of the petitioner, upon the proposed conservatee.

CRITICAL

Deadline

10 court days

Applies to

Juvenile case documents

Juvenile Probation Department must serve, within ten (10) Court days of the order modifying the Juvenile Children’s Services and minor’s counsel in the Dependency matter, with copies of the following documents, should they exist in the child’s case file: a. Applications and Orders related to the administration of psychotropic medications, which include Judicial Council Forms JV- 220, JV-220(A), and JV-223; b. Findings and Orders related to limitations on a parent’s right to make educational decisions, which include Judicial Council Forms JV-535, JV-536, and JV-537;

Juvenile Probation Department must serve, within ten (10) Court days of the order modifying the Juvenile Children’s Services and minor’s counsel in the Dependency matter, with copies of the following documents, should they exist in the child’s case file: a. Applications and Orders related to the administration of psychotropic medications, which include Judicial Council Forms JV- 220, JV-220(A), and JV-223; b. Findings and Orders related to limitations on a parent’s right to make educational decisions, which include Judicial Council Forms JV-535, JV-536, and JV-537;