Santa Clara Superior Court Service and Proof of Service Rules

CRITICAL

Notice and copy of an ex parte petition must be served on all parties at least 24 hours before presentation to the Court.

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.

CRITICAL

The supplemental exchange required by CRC 3.1548(c) 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.

CRITICAL

Applies to

Restraining order

Form FM-1047 must be served with CLETS temporary restraining orders and orders after hearing.

The local form entitled How to Safely Turn in Firearms and Ammunition (form FM-1047) must be served with any CLETS temporary restraining order or restraining order after hearing.

CRITICAL

A copy of the plan of estimated fees, along with review hearing notice and objection deadline, must be served on entitled persons, the Court Investigator, and special-notice requesters.

serve a copy of the plan of estimated fees, along with notification of the date and time of the review hearing, and the time in which to file objections or concerns as to the estimated fees, on all persons entitled to notice of the original petition under Probate Code § 1822, the Court Investigator, and any persons who have requested special notice.

CRITICAL

Applies to

Plaintiff claim

In small claims actions, the plaintiff must serve the Notice to Small Claims Litigants (Form SC-8006) 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.

CRITICAL

Deadline

10 calendar days

Applies to

Settlement conference statement

Each party must serve the Settlement Conference Statement on the other party at least 10 calendar days before the MSC, or 15 calendar days if service is 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

Deadline

5 court days

Each party must serve the MSC Statement on each party no later than five court days before the Mandatory Settlement 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.

CRITICAL

A copy of the Inventory and Appraisal must be served on the Court Investigator.

A copy must also be served on the Court Investigator.

CRITICAL

Deadline

24 hours

Notice of the ex parte application and proposed order must be served on all parties 24 hours before presenting the petition to the court, unless the court dispenses with notice.

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.

CRITICAL

All briefs must be served on the opposing party and the trial court, and must contain 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.

CRITICAL

Applies to

Civil lawsuit notice

The filing party must serve the clerk-completed Civil Lawsuit Notice on all other parties (including newly added parties) at the same time as service of the pleading.

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.

CRITICAL

Copies of all moving and responding papers must be served on all relevant counsel 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.

CRITICAL

Applies to

Summons

Service by posting is permitted only for indigent Petitioners, requires a Request to Waive Court Fees (Form FW-001) unless one was approved within the last 4 months, and a Proof of Service By Posting (Form FL-985) if approved.

Service by posting may be ordered only if the Petitioner is found to be indigent. A Petitioner requesting service by posting must submit a Request to Waive Court Fees, Judicial Council Form FW-001, unless one has been approved in the last 4 months. If the Court approves service by posting, a Proof of Service By Posting, Judicial Council Form FL-985, is needed.

CRITICAL

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

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

CRITICAL

Petition to redesignate felony as misdemeanor must be served on the Santa Clara County 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.

CRITICAL

All ex parte applications require notice to all parties no later than 10:00 a.m. the court day before the application is filed, absent exceptional circumstances.

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

When a child support matter is transferred to DCSS calendar, parties must provide filed-endorsed copies to DCSS.

If an APJ or other judicial officer transfers or continues a child support matter to a DCSS calendar, the moving party shall provide a filed-endorsed copy of the moving papers and the Court’s transfer order to DCSS. The responding party shall provide a filed-endorsed copy of any responsive pleadings to DCSS.

CRITICAL

Notice of intent to request an ex parte Order Shortening Time must be given to all parties no later than 10:00 a.m. the court day before the ex parte appearance, absent exceptional circumstances.

Notice of intent to request an ex parte Order Shortening Time must be given to all parties no later than 10:00 a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice.

CRITICAL

Deadline

3 court days

Notice of request to keep a record sealed must be served on all appearing parties at least three Court days before the first scheduled 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.

CRITICAL

The initial habeas corpus petition must be served on the County of Santa Clara, Office of the County Counsel.

The initial Petition shall be served on the County of Santa Clara, Office of the County Counsel.

CRITICAL

Applies to

Civil lawsuit notice rule 3 740

The plaintiff must serve the clerk-completed Civil Lawsuit Notice – Rule 3.740 Collections Cases on all defendants and on any newly added 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

CRITICAL

The moving party must serve the ex parte order on all parties once it has been filed.

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

CRITICAL

The listed trial documents must be served on all other parties by noon on the Friday before the trial date.

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: (Effective 1/1/2026) (1) all in limine motions; (2) exhibit lists, except impeachment exhibits; (3) witness lists, except impeachment witnesses, and unusual scheduling problems; (4) jury instruction requests, except for instructions that cannot reasonably be anticipated prior to trial; (5) proposed special verdicts; (6) any stipulations on factual or legal issues; ===== PAGE 18 ===== 8 Santa Clara County Court Rules (7) a copy of the operative pleadings (complaint, cross-complaint(s), answer(s)); (8) a concise, non-argumentative statement of the case to be read to the jury in jury trials; (9) trial briefs (including an explanation of whether any causes of action have been dismissed or limited, as well as whether any parties have been dismissed); (10) trial exhibits may not be filed, but

CRITICAL

Deadline

15 calendar days

Applies to

Objections

Service

Personal service to all parties

Within 15 days of mailing recommendations, parties must file written objections, serve all parties, and personally serve the evaluator with proof of service.

Any party will have 15 calendar days after the date of mailing of the evaluation recommendations to object to the recommendations by doing all of the following: i. File specific written objections with the Court. ii. File a proof of service showing service of the objections on all attorneys or self represented parties. iii. 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. iv. File a proof of service reflecting compliance with Rule 2(C)(5)(b)(iii).

WARNINGCivil cases

A copy of the Inventory and Appraisal must be served on the Court Investigator.

A copy must also be served on the Court Investigator.

WARNING

The child's attorney must inform the Court and all parties at the settlement conference whether the child will be called as a witness, after interviewing the child and assessing all relevant circumstances.

The attorney for the child must inform the Court and all parties at the Judicially Supervised Settlement Conference whether the child will be called as a witness. The child's attorney shall make this determination following an interview of the child and assessment of all relevant circumstances.

WARNINGCivil cases

Deadline

5 calendar days

The Court may dispense with the 5-day notice requirement for temporary conservatorship petitions; if notice is dispensed with, the petition may be heard ex parte.

Since a petition for temporary conservatorship is ordinarily filed only in cases requiring immediate action, the Court may dispense with the 5-day-notice requirement. Petitioner must comply with the requirements of CRC 7.1062. If notice is dispensed with by the Court, the petition may be heard on an ex parte basis.

WARNING

Service

Electronic service to all parties

All represented parties must electronically send all briefs, motions in limine, and witness lists to all parties.

All represented parties must electronically send all briefs, motions in limine, and witness lists to all parties.

WARNING

In emergencies, DFCS must give notice immediately after the child's placement change.

In emergency circumstances, DFCS must give notice immediately following the child's change in placement.

WARNING

Deadline

3 court days

DFCS must give notice of revised recommendations at least three court days before the settlement conference or trial, unless the Court waives the requirement for good cause or by party agreement.

If DFCS has changed any of its recommendations since it last provided the Court and parties with its recommendations, DFCS must provide the Court and the parties with notice of its revised recommendations no later than three (3) court days prior to the date of the judicially supervised settlement conference or trial. The Court may waive this notice requirement upon a showing of good cause or agreement of the parties.

WARNINGCivil cases

Service

Mail

If the Inventory and Appraisal is not on file, the Court may issue an order to produce it, served by certified mail on the conservator and the attorney.

If the Inventory and Appraisal is not on file at that time, the Court may issue an order to produce the Inventory and Appraisal, which will be served by certified mail on the conservator and on the attorney for the conservator.

WARNINGCivil cases

Service

Mail

If the Inventory and Appraisal is not on file at the compliance review, the Court may issue an order to produce it, served by certified mail on the guardian and the guardian's attorney.

If the Inventory and Appraisal is not on file at that time, the Court may issue an order to produce the Inventory and Appraisal, which will be served by certified mail on the guardian and on the attorney for the guardian.

WARNINGCivil cases

The initial petition must be served on the Santa Clara County Office of the County Counsel.

The initial Petition shall be served on the County of Santa Clara, Office of the County Counsel.

WARNING

Deadline

14 calendar days

DFCS must give at least 14 calendar days' notice before out-of-county removal unless an emergency prevents such notice.

Prior to removal of a child from one county to another, DFCS must provide notice of at least fourteen (14) calendar days unless emergency circumstances prevent such notice (Judicial Council Form JV-555).

WARNINGCivil cases

Documents provided to evaluators or screeners must be accompanied by a proof of service form unless handed over in the presence of the other party or counsel.

Any documents provided to an evaluator or screener shall be accompanied by either Judicial Council Proof of Service form or the FCS “Declaration of Mailing or Personal Service” form, except for documents handed to an evaluator or screener in the presence of the other party or counsel (in which case copies shall be provided at the same time to the other party or counsel).

WARNINGCivil cases

Service

Mail

The private professional conservator must mail a monthly billing statement itemizing all services to the conservatee, family members, the Court Investigator, and special-notice requesters, unless receipt would be harmful to the conservatee.

At the end of the first full calendar month following appointment and continuing at the end of each month thereafter, the private professional conservator shall mail a billing statement for that month itemizing all services provided to the conservatee, and all charges related thereto, to the conservatee (unless, in the opinion of the private professional conservator, receipt of such by the conservatee would be harmful to the conservatee’s state of mind) or his or her attorney, the conservatee’s spouse or domestic partner, his or her parents, his or her adult children, his or her siblings, the Court Investigator, and any persons who have requested special notice.

WARNINGCivil cases

Applies to

Notice of intention to sell

Service

Publication

Notice of intention to sell must be published in decedents' estates unless the personal representative has power of sale in the will or uses the IAEA Notice of Proposed Action procedure.

The notice of intention to sell must be published in decedents' estates where the personal representative has not been given the power of sale in the will. Publication is not required where the personal representative is using the Notice of Proposed Action procedure under IAEA.

WARNINGCriminal cases

Deadline

10 calendar days

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

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.

WARNING

The applicant must serve all noticed parties with copies of the Court's decision and notify all persons entitled to notice of any hearing date and time.

The applicant is responsible for serving all noticed parties with copies of the Court's decision or notice that the Court has calendared the matter. The applicant must also notify all persons entitled to notice of any hearing date and time set by the Court.

WARNING

For children aged 10 or older, the child's attorney must inform the child of the settlement conference and trial dates and the right to attend both proceedings.

In cases where the child is ten years or older, the child's attorney must inform the child of the dates of the judicially supervised settlement conference and long-cause trial, as well as the right to attend both proceedings.

WARNING

For youth aged 10 or older, the attorney must inform the youth of the settlement conference or trial date and the right to attend.

If the youth is ten (10) years of age or older, the youth's attorney must inform the youth of the date of the judicially supervised settlement conference or trial and of the youth's right to attend the proceedings.

WARNING

The moving party must provide timely notice to the youth's advocate for any motion concerning the youth.

In any motion concerning the youth for whom the advocate has been appointed, the moving party must provide the advocate timely notice.

WARNINGCivil cases

A copy of the notice of hearing and the petition must be sent 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.

WARNINGCivil cases

Service

Mail

If the evaluation has not been filed, the Court may issue an order to produce it, served by certified mail on the conservator and the attorney.

If the evaluation has not been filed, the Court may issue an order to produce the evaluation, which will be served by certified mail on the conservator and on the attorney for the conservator.

WARNINGCivil cases

Applies to

Amended petition

Service

Publication

Wills or codicils not specifically referred to in the petition require an amended or subsequent petition and new publication of notice.

Wills or codicils not specifically referred to in the petition must be presented to the Court in an amended or subsequent petition and a new Notice of Petition to Administer Estate must be published.

WARNING

Deadline

5 working days

DFCS must give at least five working days' notice before a non-emergency placement change.

In non-emergency situations, DFCS must give notice at least five (5) working days prior to the change in placement.

WARNING

Applies to

Extension request

Extension requests must include proof of service on all parties, including the client in civil cases.

a proof of service of the extension request on all parties, including, in civil cases, the client for whose benefit the extension is being sought as required by CRC 8.810(e)

WARNINGCivil cases

Applies to

Jury instructions

Parties must exchange the jury instructions that remain disputed between them.

Prepare joint proposed jury instructions (CACI only) and verdict forms, and exchange disputed instructions.

WARNINGCivil cases

Parties needing an interpreter must timely give notice to the Court and all other parties of record.

A party who needs an interpreter must timely give notice to the Court and all other parties of record and may submit a written request on Judicial Council Form INT-300 by e-mail sent via the court's Language Access webpage or to interpreterrequest@scscourt.org.

WARNINGCivil cases

When the Court continues a CMC, the party who applied for the continuance must serve notice of the continuance on all parties served with the Civil Lawsuit Notice.

If the Court continues a CMC, the party who applied for the continuance must serve notice of the continuance on all parties who were served with a copy of the Civil Lawsuit Notice.