Shasta Superior Court Service and Proof of Service Rules

Applies to

Summons

A proof of service of the summons must be filed with the court for the action to proceed.

For the action to proceed, a Proof of Service of the Summons must be filed with the Court.

Applies to

Notice of assignment

Plaintiffs must serve all named defendants with the LF-CIV-100 and file proof of service within 60 days after filing the complaint.

Plaintiffs must serve all named defendants with the LF-CIV-100; Notice of 1) All Purpose Assignment, 2) Mandatory Settlement and 3) Trial and file proof of service within 60 days after the complaint has been filed.

Applies to

Notice of assignment

Plaintiffs must serve the LF-CIV-100 notice on any intervenor or interpleader within 10 days after being served with the complaint in the intervention or interpleader.

Plaintiffs must serve the notice on any intervenor or interpleader within 10 days of being served with the complaint in intervention or interpleader.

Applies to

Notice of assignment

Cross-complainants must serve the notice on each cross-defendant when the cross-complaint is served.

All cross-complainants must serve the notice upon each cross-defendant at the time the cross-complaint is served.

Applies to

Notice of association of counsel

The notice of association of counsel must be served on all parties, with proof of service attached to the original notice filed with the court.

A notice of association of counsel must include the name, address, phone number, and bar number of at least one associating attorney, and must also be served on all parties with a proof of service attached to the original notice filed with the court.

Applies to

Notice of case management conference

Service

Personal service

The court prepares the LF-UD-102 notice when summons issues, and the plaintiff must serve it on each defendant when serving the complaint.

At the time that the summons is issued the court shall prepare a LF-UD-102, Notice of Case Management Conference. Plaintiff shall serve the notice on each defendant at the time of service of the complaint.

Applies to

Notice of continuance

A notice of continuance must include counsel's declaration of unanimous agreement, the continued hearing date and time, and proof of service.

A notice of continuance must contain a declaration by counsel that all parties to the law and motion proceeding have agreed to the continuance, a continued hearing date and time must be set forth, and proof of service must be attached.

Applies to

Notice of withdrawal

A notice withdrawing a law-and-motion hearing date must include proof of service.

A notice of withdrawal must have a proof of service attached.

Applies to

Status conference notice

At filing, the petitioner must request a status conference within 50 days and serve notice of its date on the respondent.

(a) Request for status conference. At the time that a petition is filed in accordance with these rules, the petitioner shall request the court set a status conference before the judge assigned to the case within fifty (50) days of the date of filing of the petition, and serve notice of the date of the Status Conference on the respondent.

Applies to

Preliminary notification

Service

Personal service to opposing party

The public agency must personally serve the preliminary cost notification on petitioners within 20 calendar days after receiving the request to prepare the administrative record.

Within twenty (20) calendar days after receipt of the request to prepare the administrative record, the public agency responsible for the preparation shall personally serve on petitioners a preliminary notification of the estimated cost of preparation, including the agency’s normal cost per page, any other reasonable costs the agency may anticipate, and an estimate of the probable number of pages.

Deadline

40 calendar days

Applies to

Document index

Petitioners must prepare and serve on all parties a detailed index of proposed record documents within 40 calendar days after service of the record-preparation request.

Within forty (40) calendar days of service of the notice of the request to prepare the administrative record, petitioners shall prepare and serve on all parties a detailed index listing the documents proposed by petitioners to constitute the record.

Deadline

7 calendar days

Applies to

Notice

Within seven calendar days after service of the proposed document index, the agency and any other party must serve petitioners a notice identifying records they contend should be added or deleted.

Within seven (7) calendar days of service of petitioners’ proposed document index, the agency and any other party shall prepare and serve on petitioners a notice specifying any documents or items that the agency or party contends should be added to or deleted from the record as proposed by petitioners.

Deadline

60 calendar days

Applies to

Administrative record

Service

Personal service

When the agency prepares the administrative record, it must certify, personally serve, and lodge the record with the court no later than 60 days after the request.

If the agency has prepared the record, it shall make the required certification and shall personally serve the record and lodge it with the court no later than sixty (60) days after the request.

Deadline

60 calendar days

Applies to

Administrative record

Service

Personal service

When petitioners prepare the administrative record, they must transmit it to the agency for certification and, after certification, personally serve and lodge it with the court no later than 60 days after service of their notice of election.

If the petitioners have elected to prepare the record, the petitioners must transmit it to the agency for certification. After certification, petitioners shall then personally serve the record and lodge it with the Court no later than sixty (60) days after service of the notice of election to prepare the record.

A party seeking to serve notice or papers through the clerk under CCP section 1011 must first obtain a court order.

A party seeking to serve notice or papers on the other party, or attorney for the other party, by delivering the notice or papers to the clerk of the court pursuant to CCP section 1011, must first obtain an order upon application to the court.

For other motions to set aside forfeiture, the moving party must give the prosecuting agency and County Counsel at least 10 days' prior written notice and file proof of that notice.

In all other cases of a motion to set aside forfeiture, the prosecuting agency and County Counsel shall be given at least 10 days prior written notice by the moving party pursuant to Penal Code §1305(k), and proof of such notice shall be filed with the court.

Service

Personal service

The declaration or offer of proof must be filed and personally served on the prosecuting agency no later than 24 hours before the hearing.

The declaration or offer of proof shall be filed and personally served on the prosecuting agency, not later than twenty-four (24) hours before the hearing.

Failure to serve or file opposition papers other than for an ex parte application may be deemed a waiver of objections and an admission of merit, but opposition papers are not required when the opposition raises only a factual dispute.

Failure to serve or file papers in opposition to a motion or other application to the court for an order, other than an ex-parte application, may, in the court’s discretion, be deemed a waiver of any objections and an admission that the motion or other application is meritorious. Notwithstanding the foregoing, in any matter in which the opposition is based upon a factual dispute, only, as distinguished from a disputed legal issue, opposition papers shall not be required.

Unusual or out-of-the-ordinary motions, including complex or extensive motions in limine, must be written, served on opposing counsel, and filed by the jury readiness conference.

Motions that are out of the ordinary or unusual (e.g. complex or extensive motions in limine) shall be made in writing, served upon opposing counsel, and filed at or before the jury readiness conference.

Applies to

Proposed jury instructions

Unless the trial judge directs otherwise, written jury instructions must reach the judge and all other parties by noon on the first day of trial.

Absent an order of the trial judge on good cause shown, or as otherwise directed by the trial judge all jury instructions covering the law as disclosed by the pleadings shall be delivered in writing to the trial judge no later than 12:00 p.m. on the first day of trial and shall be served on all other parties by that time.

A sentence-modification hearing may not proceed with less than two days' actual notice to the district attorney unless the district attorney expressly waives the notice requirement.

In no event shall hearing on such an application take place following less than two day's actual notice to the district attorney, unless time is expressly waived by the district attorney.

Papers submitted to the counselor, other than Family Court Services intake forms, must first be filed with the court and include proof of service on the opposing party or counsel, with file-stamped conformed copies provided to Family Court Services.

All papers submitted to the counselor for consideration, with the exception of the intake forms provided to the parties by Family Court Services, shall first be filed with the court and must be accompanied by a proof of service upon the opposing party or counsel, (with file stamped, conformed copies given to Family Court Services.)

Service must ensure actual physical receipt by the opposing party or counsel and Family Court Services no later than noon on the court day before mediation.

Service must be effected in a manner as to ensure actual physical receipt by the opposing party and/or counsel and Family Court Services, not later than noon of the court day preceding the scheduled mediation session.

Applies to

Child custody evaluation report

At least 10 days before the child-custody hearing, the evaluator must serve the report on the parties or their attorneys and on any counsel appointed for the child under Family Code section 3150.

At least 10 days before the hearing regarding custody of the child, the evaluator shall file the report and serve it on the parties or their attorneys, and any counsel appointed for the child pursuant to Family Code section 3150.

Applies to

Visitation report

Professional visitation providers must distribute each visit report to the court, Family Court Services, all parties, their attorneys, and the child's attorney using the specified delivery methods.

4. Professional visitation provider submission of visitation reports: (a) The court is to be included in each distribution of visit reports by the provider. The original report shall be mailed, or hand delivered to the court clerk’s office. A separate copy of each report shall also be mailed, hand delivered or faxed to Family Court Services. In addition to the two court copies all reports are to be sent to all parties, their attorneys and the attorney for the child.

Deadline

60 calendar days

Applies to

Petition

In guardianship cases, petitioners must serve each named respondent with a blank GC-215 objection form when serving the petition and file proof of service within 60 days after filing.

RULE 15.01 SERVICE OF OBJECTION TO PETITION - GUARDIANSHIPS In guardianship cases, Petitioners must serve all named respondents with a blank Judicial Council Form GC-215, Objection to Petition for Appointment of Guardian at the time of service of the petition and file proof of service within sixty (60) days after the petition has been filed.

Applies to

Notice of hearing

A copy of the petition must accompany the notice of hearing when served on a person requesting special notice and when the petition is a testamentary trustee’s accounting.

RULE 15.04 ADDITIONAL NOTICE REQUIREMENTS A copy of the petition shall be served with each notice of hearing when served on a person requesting special notice or where the petition is the accounting of a testamentary trustee.

Applies to

Notice of hearing

When a fiduciary or attorney requests fees or commissions other than those computed under Probate Code sections 10800 and 10810, the notice of hearing and petition must be served on all interested parties and the proof of service must reflect both services.

Where the fiduciary or attorney is requesting fees or commissions other than those computed by Probate Code §10800 and §10810, the notice of hearing and a copy of the petition shall be served on all interested parties. The proof of service shall show service of the copy of the petition as well as the notice of hearing.

Applies to

Notice

A notice filed by someone other than the child's attorney must be served on the child's attorney, or must state that the child is unrepresented.

(D) If the person filing the notice is not the attorney for the child, a copy of the notice shall be served on the attorney for the child, or, if the child is unrepresented, the notice shall so state.

Deadline

2 court days

Applies to

Casa report

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

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

A petition by an evaluator to withdraw must be provided to the parties or attorneys by copies.

Evaluators may petition the court to withdraw from a case, for good cause, in a writing directed to the judicial officer to whom the case has been assigned with copies to the parties/attorneys.

Applies to

Proof of service

The summons-and-petition service must be documented by a proof of service filed with the case.

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

Applies to

Preliminary declaration of disclosure

The preliminary declaration of disclosure should be served within 60 days after the petition is filed.

(3) The preliminary declaration of disclosure should be served within 60 days of the filing of the petition; and

Service

Personal service

The three stated methods of service for civil hearings are personal delivery, substitute service, and publication.

There are three types of service for civil hearings: Personal Delivery, Substitute Service, and Publication.

Deadline

10 calendar days

Applies to

Counter at issue memorandum

A party disagreeing with an At-Issue Memorandum may file and serve a Counter At-Issue Memorandum within 10 days after service of the original memorandum.

Any party not in agreement with the information or estimates given in the At Issue Memorandum may, within ten (10) days after service of the At-Issue Memorandum, file and serve a Counter At-Issue Memorandum.

Applies to

Notice or papers

Service

Court service to opposing party

A party seeking to serve notice or papers on the other party or the other party's attorney may deliver the documents to the court clerk under Local Rule 5.21.

Refer to Local Rule 5.21 regarding application and order for party seeking to serve notice or papers on the other party, or attorney for the other party, by delivering the notice or papers to the clerk of the court.