Sierra Superior Court Service and Proof of Service Rules

CRITICAL

A petition seeking writ review must be served within 10 days after the record is filed in the reviewing Court.

A petition seeking writ review of orders setting a hearing under W&I Code shall be served and filed within 10 days after the filing of the record in the reviewing Court.

CRITICAL

All relevant, nonprivileged material must be disclosed timely to every party.

Except as protected by privilege, all relevant material shall be disclosed in a timely fashion to all parties involved in the litigation.

CRITICAL

Applies to

Responsive pleading

A responsive pleading must be served within 30 days after service of the complaint.

(b) Service of responsive pleading within 30 days after service of the complaint.

CRITICAL

Applies to

Complaint

The complaint must be served within 60 days after filing.

(a) Service of the complaint within 60 days of filing.

CRITICAL

Upon timely request, parents, guardians, and de facto parents must disclose to all other parties relevant, nonprivileged material and information within their control.

Upon timely request, parents, guardians, and de facto parents shall disclose to all other parties such non-privileged material and information within the parent's, guardians, or de facto parent's control that is relevant.

CRITICAL

Applies to

Factual declaration

Service

Mail to opposing party

The declaration must be mailed to the defaulting party with the Request to Enter Default, and proof of mailing must be filed with the Court.

The declaration shall be mailed to the defaulting party with the Request to Enter Default, and proof of mailing shall be filed with the Court.

CRITICAL

Deadline

5 court days

Applies to

Motion

A discovery motion must be served on all parties at least five judicial days before the hearing.

The motion shall be served on all parties at least 5 judicial days before the hearing date.

CRITICAL

Applies to

Case management conference notice

The plaintiff must serve the case management conference notice together with the summons and complaint.

The plaintiff shall serve a copy of the notice of case management conference along with the summons and complaint.

CRITICAL

Deadline

48 hours

Applies to

Other report

All other reports must be provided a reasonable number of days before the hearing and never less than 48 hours before it.

(c) All other reports shall be due a reasonable number of days before the hearing but in no event less than 48 hours before the hearing.

CRITICAL

Deadline

48 hours

Applies to

Proposed petition modification

Proposed modifications to the petition must be exchanged 48 hours before the jurisdiction hearing.

(d) All proposed modifications to the petition shall be exchanged 48 hours prior to the jurisdiction hearing.

CRITICAL

Deadline

10 calendar days

Applies to

Case records and reports

In contested proceedings, social worker narratives and relevant case records must be made available at least 10 calendar days before the hearing, and updated records at least two calendar days before.

In contested proceedings, the social worker's narratives and other relevant case records shall be made available to all counsel at least 10 calendar days before the hearing and any updated records 2 calendar days before the hearing.

CRITICAL

Applies to

Settlement conference brief

A copy of the settlement conference brief must be served on opposing counsel.

A copy of the settlement conference brief shall be served upon the opposing counsel.

CRITICAL

Deadline

2 calendar days

Applies to

Case records and reports

In cases other than contested proceedings, the case records and reports must be made available at least two calendar days before the hearing.

In all other cases, such documents shall be made available at least 2 calendar days prior to the hearing.

CRITICAL

Proof of service must be filed before the hearing date.

Proof of service shall be filed prior to the date of the hearing.

CRITICAL

Applies to

Expert disclosure

Expert names and copies of their reports must be provided to all counsel at least 10 days before the hearing, unless the Court orders a shorter time.

(f) The names of any experts to be called by any party and copies of their reports (if not part of a social study report prepared by Children's Services) shall be provided to all counsel at least 10 days before the hearing unless a shorted time is ordered by the Court.

CRITICAL

Deadline

48 hours

Applies to

Jurisdictional or dispositional report

Jurisdictional and dispositional reports are due at least 48 hours before the hearing.

(a) Jurisdictional and/or dispositional reports are due at least 48 hours before the hearing.

CRITICAL

Deadline

1 court days

The moving attorney or self-represented party must notify the opposing party of an ex parte application under the cited rules no later than 10:00 a.m. on the court day before the appearance, absent exceptional circumstances.

The moving attorney or moving self-represented party must give notice of any ex parte applications to the opposing attorney or self-represented party in accordance with California Rules of Court rules 3.1200-3.1207; "notice shall be given no later than 10:00 a.m. on the court day before the ex parte appearance, absent a showing of exceptional circumstances."

CRITICAL

Applies to

Settlement conference statement

The Settlement Conference Statement must be served on the other party or opposing attorney.

At least 10 days before the settlement conference, or 15 days if service is by mail, each party or their attorney shall prepare, file, and serve on the other party or the opposing attorney, a Settlement Conference Statement with contents as indicated below.

CRITICAL

Deadline

10 calendar days

Applies to

Dependency status review report

Dependency-status review and status-review reports are due at least 10 calendar days before the hearing.

(b) Review of dependency status and status review reports are due at least 10 calendar days before the hearing.

CRITICAL

Applies to

Request for different counselor

Copies of a request for a different counselor must be delivered immediately to the counselor and all other parties and their attorneys, if any.

Copies of the request must be delivered immediately to the counselor and all other parties and attorneys, if any.

CRITICAL

Applies to

Property declaration

A completed Property Declaration required for a default property order must be served with the Request to Enter Default.

No division of community property (assets or debts) or confirmation of separate property will be ordered unless there is either an attached written agreement between the parties settling those issues, or there is a completed Property Declaration attached to and served with the Request to Enter Default.

CRITICAL

Alternatively, a response to a writ petition must be served within 10 days of receiving a request from the reviewing Court.

or within 10 days of receiving a request for a response from the reviewing Court.

CRITICAL

Any response to a writ petition shall be served and filed within 10 days after the filing of the writ petition

Any response to a writ petition shall be served and filed within 10 days after the filing of the writ petition

CRITICAL

Service

Mail

When a statute requires mailing, documents must be mailed to the party’s last known Sierra County post office box and an affidavit of mailing filed; if no such box is known, a due-diligence affidavit may be submitted instead.

Wherever pursuant to Code of Civil Procedure §415.20, Code of Civil Procedure §587, or any similar statute whereby a mailing is required to comply with the statute, a mailing of the document(s) shall be made to the party’s last known Sierra County post office box, together with an affidavit of such mailing filed with the court in order to comply fully with the stated statute(s). If there is no last known Sierra County post office box for the individual or entity, an Affidavit of Due Diligence may be submitted to the Court, detailing the affiant’s efforts to ascertain a post office box or otherwise deliver the document(s) to the party.

CRITICAL

Applies to

Responsive papers

Unless an order shortening time has issued, responsive papers must be served at least 10 days before the hearing.

Unless an order shortening time has been issued, responsive papers shall be served and filed at least 10 days prior to the date of the hearing.

CRITICAL

Applies to

Moving party papers

The moving party’s papers must be served at least 21 days before the hearing.

The papers of the moving party shall be filed and served at least 21 days prior to the time of the hearing.

WARNING

Applies to

Demand for production

After a signed document is filed electronically, another party may demand production of the physically signed original; the demand must be served on all other parties and not filed with the court.

At any time after filing a signed electronically filed document, any other party may serve a demand for production for the original physically signed document. The demand shall be served on all other parties but not be filed with the court.