Santa Clara Superior Court Service and Proof of Service Rules

WARNINGCivil cases

Applies to

Motion in limine

Parties must exchange all motions in limine.

Exchange all motions in limine.

WARNING

Notice of a remote appearance request must be given to all parties or persons entitled to notice, and any objection must be filed via Form RA-015.

Notice must be given to all parties or persons entitled to receive notice of the proceedings. Any objection or opposition to a remote proceeding must be made by filing RA-015.

WARNING

Service

Publication

A petitioner requesting service by publication or posting must submit Judicial Council Forms FL-980 and FL-982.

To request service by publication or posting, the Petitioner must submit to the Court an Application for Order for Publication or Posting of Summons, Judicial Council Form FL-980 and Order for Publication or Posting Judicial Council Form FL982.

WARNING

Deadline

24 hours

Any written response to an ex parte application must be served on the moving party and filed with the Court Specialist 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 Court Specialist 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.

WARNINGCivil cases

Applies to

Exhibits

Parties must exchange trial exhibits and inspect photos and diagrams, which are submitted on the date of trial, excluding exhibits intended for impeachment or rebuttal.

Exchange exhibits and inspect photos and diagrams (to be submitted on the date of trial), excluding those contemplated to be used for impeachment or rebuttal.

WARNING

Service

Publication

Service by posting is available only to indigent petitioners, and a Proof of Service By Posting (FL-985) is required after court approval.

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.

WARNING

Responses to a request to be relieved as counsel must be served on the counsel for the minor child and all other parties.

Responses must be served on the counsel for the minor child and all other parties.

WARNINGCivil cases

Applies to

Settlement position statement

Settlement position statements must be served on all parties for judicial settlement conferences, but are confidential and need not be served for mediations.

For judicial settlement conferences, the statements must comply with the requirements of CRC 3.1380 and be served on all parties. For mediations, these statements will be treated as confidential and are not required to be served.

WARNING

Applies to

Restraining order

Form FM-1047 (How to Safely Turn in Firearms and Ammunition) must be served with any CLETS temporary restraining order or restraining order 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.

WARNINGCivil cases

Deadline

1 court days

Parties who settle before the hearing must notify the Court in writing at least one court day before the hearing.

A party who settles his or her claim before the date set for the hearing must notify the Court in writing at least one court day before the hearing. A party may do this by filing a Request for Dismissal. (See form SC-8007.)

WARNINGCriminal cases

The Court must notify school districts within seven days of disposition that the minor was found to have committed a felony or certain misdemeanors.

Welfare and Institutions Code Section 827(b)(2) mandates that the Court notify school districts within seven days of disposition that the minor has been found by the Court to have committed a felony or certain misdemeanors.

WARNINGCivil cases

Deadline

5 court days

Non-certified interpreter names and qualifications must be provided to the Court and opposing counsel at least 5 court days before appearance.

If a party retains an interpreter who is not a court certified or registered interpreter, the interpreter's name and qualifications must be provided to the Court and opposing counsel at least 5 court days before the date of the interpreter's appearance.

WARNINGCriminal cases

The juvenile clerk's office must notify the superintendent of the minor's school district of attendance of the juvenile court findings within seven days in all cases where the minor is accepted as a post-disposition transfer from another county.

The juvenile clerks office shall in all cases when the minor is accepted into our juvenile court as a post disposition transfer from another county, notify the superintendent of the school district of attendance within seven days the findings of the juvenile court as required by 827(b)(2).

WARNING

Deadline

5 court days

The name and qualifications of any non-certified retained interpreter must be provided to the Court and opposing counsel at least 5 court days before the interpreter's appearance.

If a party retains an interpreter who is not a court certified or registered interpreter, the interpreter’s name and qualifications must be provided to the Court and opposing counsel at least 5 court days before the date of the interpreter's appearance.

WARNING

Attorney must serve the ex parte application and blank response form on all parties.

The attorney for the minor(s) will serve the parties or attorneys for the parties the Ex Parte Application and Order to be Relieved as Counsel for Minor Child (attached form FM-1187) along with a blank Response to Application to be Relieved as Counsel for Minor Child (attached form FM-1188).

WARNING

Responses must be served on the minor's counsel and all other parties.

Responses must be served on the counsel for the minor child and all other parties.

WARNING

Written objections to a mediated agreement must be accompanied by a 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.

WARNING

Service

Publication

The notice of intention to sell must be published where the personal representative lacks power of sale, but publication is not required when using 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.

WARNING

Responses to the request to be relieved as counsel must be served on the minor's counsel and all other parties.

Responses shall be served on the counsel for the minor child and all other parties.

WARNING

A complaint about appointed counsel must be in writing, filed and served on all counsel and self-represented parties, with a copy delivered to the courtroom clerk for the APJ.

complaint must be in writing, filed and served on all counsel and self- represented parties, and a copy must be delivered to the courtroom clerk for the APJ.

WARNING

Service

Mail

The private professional conservator must mail monthly billing statements to the conservatee and designated persons, with exceptions for pro bono services or small monthly billings.

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. (This monthly billing requirement is not imposed on those private professionals performing conservatee services pro bono, or for any month where that month's billing for services does not exceed two times the private professional's maximum hourly billing rate.)

WARNING

Deadline

10 calendar days

Applies to

Preliminary declarations of disclosure

All parties must serve Preliminary Declarations of Disclosure at least ten days before the SOC, consistent with the Cal. Rules, Rule 5.83 time frame.

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.

WARNING

The Court may dispense with the 5-day notice requirement; if dispensed, 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

Attorneys subject to the mandatory e-filing rule and self-represented parties who consented to e-filing may not object to electronic service.

Attorneys who are subject to this rule, and self- represented parties who have consented to electronic filing and service, may not object to electronic

WARNING

Applies to

Settlement statement

For judicial settlement conferences, settlement statements must comply with CRC 3.1380 and be served on all parties; for mediations, statements are confidential and need not be served.

For judicial settlement conferences, the statements must comply with the requirements of CRC 3.1380 and be served on all parties. For mediations, these statements will be treated as confidential and are not required to be served.

WARNING

NOTICE The following are the local addresses for notice according to Probate Code sections 1516 and 1542: Program Manager, Emergency Response Services Santa Clara County Social Services Agency 333 W. Julian Street San Jose, California 95110 Social Services Agency Department of Family and Children's Services 333 W. Julian Street San Jose, California 95110 (Non-relative guardians only) The California Department of Social Services 744 P Street Sacramento, California 95814 (Non-relative guardians

NOTICE The following are the local addresses for notice according to Probate Code sections 1516 and 1542: Program Manager, Emergency Response Services Santa Clara County Social Services Agency 333 W. Julian Street San Jose, California 95110 Social Services Agency Department of Family and Children's Services 333 W. Julian Street San Jose, California 95110 (Non-relative guardians only) The California Department of Social Services 744 P Street Sacramento, California 95814 (Non-relative guardians

WARNING

Service

Publication

Publication of the Notice of Petition to Administer Estate serves as notice only for wills/codicils specifically referred to in the petition; others require an amended petition and new publication.

The publication of the Notice of Petition to Administer Estate is sufficient notice of all wills or codicils that are offered for probate and filed with, and specifically referred to in, the petition. 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

Service

Personal service

Notice may be by personal service or, with written consent, facsimile transmission with confirmation of receipt attached to the Declaration (FM-1013).

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; or

WARNING

Examining FCS staff requires coordinating the date with FCS and serving a subpoena.

Any party who seeks to examine any FCS staff at any deposition, trial, or hearing must coordinate the date with FCS and must serve an appropriate subpoena.

WARNING

Unless the protected person is the requester, the prosecuting attorney must send a copy of the Request to the protected person at their last known address.

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.

WARNING

Notice of a remote appearance request must be given to all parties or persons entitled to receive notice of the proceedings.

Notice must be given to all parties or persons entitled to receive notice of the proceedings.

WARNING

Petitions for letters of special administration ordinarily require at least 24 hours' notice to specified interested parties.

Petitions for letters of special administration ordinarily will not be granted on less than 24 hours' notice to the surviving spouse or registered domestic partner, to the nominated personal representative, or to any other person who, in the opinion of the Court, appears to be entitled to notice.

WARNING

Applies to

Summons

Service

Publication

To request service by publication or posting, the Petitioner must submit Judicial Council Forms FL-980 and FL-982 to the Court.

To request service by publication or posting, the Petitioner must submit to the Court an Application for Order for Publication or Posting of Summons, Judicial Council Form FL-980 and Order for Publication or Posting Judicial Council Form FL982.

WARNING

Service

Mail to opposing party

The capacity declaration must be served on the proposed conservatee by mail or personal service at the petitioner's option.

served by mail or personally, at the option of petitioner, upon the proposed conservatee

INFOCivil cases

Deadline

60 calendar days

Service

Mail

Notice by first-class mail followed by re-sending returned mail after a skip trace is usually acceptable, and a 60-day notice period is usually adequate.

The procedure of notice by first-class mail followed by re-sending any returned mail after a skip trace is usually acceptable. A 60-day notice period is usually adequate.

INFOCivil cases

Service

Mail

The monthly billing requirement does not apply to pro bono services or months where billing does not exceed two times the private professional's maximum hourly rate.

This monthly billing requirement is not imposed on those private professionals performing conservatee services pro bono, or for any month where that month’s billing for services does not exceed two times the private professional’s maximum hourly billing rate.

INFO

Service

Electronic service to all parties

Represented parties in Juvenile Dependency cases are not required to receive documents electronically but may consent to electronic service by filing and serving the Consent to Electronic Filing and Service form.

Represented parties in Juvenile Dependency cases who are entitled to service are not required to receive documents electronically, but may agree to receive electronic service by filing with the Clerk of the Court and serving on all parties, either electronically or by non-electronic means, a Consent to Electronic Filing and Service and Notice of Electronic Service Address (Local Form CW-9024).

INFOCivil cases

Applies to

Temporary guardianship petition

The Court may dispense with the five-day notice requirement for temporary guardianship petitions, permitting ex parte hearing; petitioner must comply with CRC 7.1012.

Since a petition for temporary guardianship is ordinarily filed only in cases requiring immediate action, the Court may dispense with the five day notice requirement. Petitioner must comply with the requirements of CRC 7.1012. If notice is dispensed with by the Court, the petition may be heard on an ex parte basis.

INFO

Ex parte notice may be excused when giving notice would frustrate the order's purpose and cause the child/youth immediate and irreparable injury.

Notice may be excused if the giving of such notice would frustrate the purpose of the order and cause the child/youth to suffer immediate and irreparable injury.

INFO

Placement-change notice may be given in writing, orally, or by telephone.

Notice may be given in writing or orally and by telephone.

INFO

Ex parte notice may be excused if a good faith attempt to give notice is not possible, or if opposing parties do not object to the requested ex parte orders.

Notice may also be excused if, following a good faith attempt, the giving of notice is not possible, or if the opposing parties do not object to the requested ex parte orders.

INFO

Service

Mail to all parties

The original JV-200 custody order is filed in Family Court, endorsed copies in the Juvenile Dependency file, and a copy is mailed to attorneys and parties.

The original Court Juvenile Custody Order (Judicial Council Form JV-200) will be filed in the Family Court and endorsed copies will be filed in the Juvenile Dependency Court file. A copy of the endorsed-filed Order will be mailed to the attorneys and parties.

INFO

The guardian ad litem must receive the same notice as any party in all proceedings.

The guardian ad litem must be given the same notice as any party in all proceedings.

INFO

The Court transmits certain restraining orders and proofs of service to the Sheriff's Office, and parties may also deliver certified copies of orders and proofs of service to law enforcement agencies.

Pursuant to Family Code section 6380, the Court will transmit to the Sheriff's Office for entry into the domestic violence restraining order system orders for personal conduct, residence exclusion, and stay away, as well as proofs of service of such orders and custody and visitation orders issued in these cases. Parties may also deliver certified copies of the orders and proofs of service to law enforcement agencies.

INFOCivil cases

Service

Mail to opposing party

Either party may pay a fee for the court clerk to serve their claim by certified mail, return receipt requested.

Either party may pay the court a fee to have the court clerk serve their claim on the other party by certified mail, return receipt requested. Before the date set for hearing, the party requesting service may look in the court file to see whether the receipt for certified mail was signed by the other party and returned. Only the judge or temporary judge makes the legal decision whether service was proper.

INFOCivil cases

Applies to

Restraining order

Restraining orders issued by the juvenile dependency court must be processed by the Sheriff's Department without reimbursement.

The court orders that restraining orders (both permanent and temporary) issued by the juvenile dependency court be processed by the Sheriff's Department without reimbursement.

INFO

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.

INFO

Service

Electronic service to all parties

Represented parties in dependency cases are not required to receive documents electronically but may consent to electronic service by filing the required consent form.

Represented parties in Juvenile Dependency cases who are entitled to service are not required to receive documents electronically, but may agree to receive electronic service by filing with the Clerk of the Court and serving on all parties, either electronically or by non-electronic means, a Consent to Electronic Filing and Service and Notice of Electronic Service Address (Local Form CW-9024).

INFO

Service

Publication

If the will is denied probate, letters of administration may be granted on the petition already on file without a new publication of the Notice of Petition to Administer Estate.

If the will is denied admission to probate after the filing of a petition for letters testamentary or for letters of administration with will annexed, e.g., in the event of a will contest, letters of administration may be granted on the basis of the petition already on file. No new publication of the Notice of Petition to Administer Estate is required.

INFO

Applies to

Restraining order

The Court transmits certain orders and proofs of service to the Sheriff's Office for entry into the domestic violence restraining order system.

Pursuant to Family Code section 6380, the Court will transmit to the Sheriff’s Office for entry into the domestic violence restraining order system orders for personal conduct, residence exclusion, and stay away, as well as proofs of service of such orders and custody and visitation orders issued in these cases.