Siskiyou Superior Court Service and Proof of Service Rules

CRITICAL

Applies to

Motion

All motions, including motions for relief from default, must be filed with the Court clerk and include proper proof of service.

All motions, including motions for relief from default, together with proper proof of service, must be filed with the clerk of the Court.

CRITICAL

Applies to

Opposition papers

Opposition papers must be served and filed within seven days after the motion is filed.

Opposition papers must be served and filed within seven (7) days after the filing of the motion.

CRITICAL

Unless otherwise ordered or provided by law, moving, supporting, opposing, and reply papers must be filed and served as required by Code of Civil Procedure section 1005(b).

Unless otherwise ordered or specifically provided by law, all moving and supporting papers, all papers opposing a motion, and all reply papers must be filed and served as required by Code of Civil Procedure §1005(b).

CRITICAL

The Court calculates timely notice by counting back 16 court days and then any additional calendar days required for the moving party’s chosen method of service.

In order to determine if timely notice has been accomplished pursuant to CCP §1005(b), the Court will first count back 16 court days and then any further calendar days for the form of service that has been utilized by the moving party.

CRITICAL

Notice of non-appearance must be sent in a manner reasonably calculated to ensure receipt by the court calendar coordinator and opposing parties no later than two days before the hearing.

Prior notice of non-appearance is required. This required notice must be given by means reasonably calculated to ensure receipt by the court calendar coordinator and opposing parties no later than two (2) days prior to the hearing date.

CRITICAL

Deadline

2 court days

When an out-of-county judge is assigned, counsel must give notice of non-appearance as early as possible and no later than two court days before the hearing.

If an out-of-county judge has been assigned to the case, counsel must give notice of non-appearance at the earliest possible date, in no case later than two (2) court days before the hearing.

CRITICAL

Deadline

1 court days

Ex parte notice must be given to opposing counsel or unrepresented parties in person, by telephone, or by fax by 10:00 AM on the preceding court day, absent exceptional circumstances; greater notice by letter or other means is permitted.

“Reasonable” time or notice to the opposition, as required by this Rule, means that notice is given to all opposing counsel or unrepresented parties, either in person, by telephone, or by FAX, no later than 10:00 AM on the court day just prior to the date of the ex parte appearance, absent a showing of exceptional circumstances. This requirement does not preclude giving greater notice by letter or other means.

CRITICAL

Deadline

1 court days

Applies to

Ex parte moving papers

Appearing parties must serve ex parte applications or written oppositions on all other appearing parties at the first reasonable opportunity; the stated presumed deadlines differ for moving and opposition papers, and facsimile service is allowed.

Parties appearing at the ex parte hearing must serve copies of the ex parte application or any written opposition thereto on all other parties who have appeared, at the first reasonable opportunity, which for moving papers will be presumed to be no later than 12:00 P.M. (noon) on the court day just prior to the day of the hearing, and for opposition papers will be presumed to be at least four (4) business hours prior to the hearing. Service may be accomplished by facsimile transmission.

CRITICAL

Deadline

4 hours

Proof of actual notice or justification for proceeding without notice, and proof of required service, must be presented to the Court when possible at least four business hours before the application and no later than the appearance.

Proof of actual notice or of adequate justification for proceeding without notice, and proof of service of documents as required by this Rule, must be presented to the Court, whenever possible, no later than four (4) business hours prior to the application, and in any case by no later than the time of the appearance on the application.

CRITICAL

Deadline

2 court days

When an order shortening time is granted, moving papers must be promptly served on opposing counsel or an unrepresented opposing party, and may not be delivered fewer than two court days before the hearing unless the Court authorizes otherwise.

In cases where an order shortening time has been granted, the moving papers must be promptly served on the office of opposing counsel or on any unrepresented opposing party; and in no case may they be delivered fewer than two (2) court days preceding the hearing, unless otherwise authorized by the Court.

CRITICAL

In probate matters, formal notice must be given when it is unclear that an ex parte order is proper or disputed factual issues make it appear that other parties should have an opportunity to be heard.

In all probate matters, formal notice must be given if it is not entirely clear that an ex parte order is proper or if issues are presented in which the relevant facts might be in doubt, and where it thus appears that other parties should have an opportunity to be heard.

CRITICAL

Notice of the application and proposed hearing time and place must be given to counsel and unrepresented known interested persons.

hearing date, to give notice of the nature of the application to counsel for known interested persons and to unrepresented known interested persons themselves, together with notice of the proposed time and place of the hearing.

CRITICAL

The preparer must serve the opposing party with a copy of the letter sent to the Court.

A copy of the letter to the Court must be served on the opposing party.

CRITICAL

The cover letter and proposed order must be served on all parties.

a copy of the cover letter and the proposed order must be served on all parties.

CRITICAL

A copy of the letter must be delivered to all other parties when it is delivered to the Court.

A copy of the letter must be delivered to all other parties at the time it is delivered to the Court.

CRITICAL

Writ petitions of the specified types must be served on the respondent in the same manner as a summons and complaint.

All petitions for writs of mandate, for prohibition, or for administrative mandamus or prohibition must be served upon the respondent in the same manner as a summons and complaint.

CRITICAL

Proof of service of the petition must be filed before the hearing on a motion or order to show cause seeking the writ.

Proof of service thereof must be filed with the Court prior to the hearing on any motion or order to show cause for issuance of the requested writ.

CRITICAL

The summons and complaint must be served within 60 days of case initiation.

Service of the Summons and complaint within 60 days of case initiation;

CRITICAL

Responsive pleadings must be filed and served within 30 days after service of the complaint.

filing and service of responsive pleadings within 30 days of service of the complaint.

CRITICAL

Applies to

Notice of case management procedures

The plaintiff must serve each party with a complete copy of the Notice of Case Management Procedures when serving that party with the summons.

At the time of service of the summons on any party, plaintiff must also serve a complete copy of said Notice upon that party;

CRITICAL

Applies to

Notice of case management procedures

The plaintiff must serve the Notice on plaintiffs in intervention or interpleader within ten calendar days after being served with the relevant complaint.

and plaintiff must also serve a copy of the Notice on plaintiffs in intervention or plaintiffs in interpleader, within ten (10) days of being served with a complaint in intervention or interpleader.

CRITICAL

Applies to

Notice of case management procedures

Cross-complainants must serve each cross-defendant with a copy of the Notice when serving the cross-complaint.

All cross-complainants must serve a copy of the Notice upon each cross-defendant at the time the cross-complaint is served.

CRITICAL

Applies to

Case management conference statement

Each party must serve all other parties with a fully completed CM-110 case management conference statement at least 15 calendar days before every Case Management Conference, including additional conferences.

Not later than fifteen (15) calendar days prior to every Case Management Conference (including Additional Case Management Conferences), each party must file, and serve on all other parties, a fully-completed case management conference statement prepared on Judicial Council Form CM-110.

CRITICAL

If settlement is reported by telephone, a confirmation letter must follow within five days and be copied to all parties.

Whenever a case that has been assigned a trial date settles, the attorneys or unrepresented parties must immediately notify the Court of the settlement. The plaintiff bears the primary obligation to so notify the Court. Notification may be by telephone to the clerk, but, in such case, must be followed within five (5) days by a confirmation letter, copied to all parties.

CRITICAL

Applies to

Jury instructions

Copies of the jury instructions must be served on opposing counsel or unrepresented parties when the instructions are delivered to the judge.

At the same time, copies thereof must be served upon all opposing counsel or unrepresented parties.

CRITICAL

A request for a special verdict or special findings, or proposed special findings forms, must be served before voir dire begins.

A party who requests a special verdict or special findings must, in connection with requested instructions, comply with Rule 3.1580 of the California Rules of Court, and must serve and file such request or proposed special findings forms before jury voir dire commences.

CRITICAL

Applies to

Proposed judgment

A proposed judgment must include attached proof that a copy was served on all counsel and unrepresented parties.

The proposed judgment must be entitled "Proposed Judgment" and must bear an attached proof of service indicating that a copy has been served upon all counsel and unrepresented parties.

CRITICAL

Applies to

Notice of appeal

The notice of appeal filing must include proof that a copy was served on the Labor Commissioner.

3) A proof of service upon the Labor Commissioner of a copy of the notice of appeal.

CRITICAL

The settlement conference statement must be served on all other parties no later than five calendar days before the conference.

No later than five (5) calendar days prior to the date fixed for the settlement conference, the parties must file with the Court, and must serve upon all other parties, a brief statement of the facts and the law of the case.

CRITICAL

Each party must deliver the arbitration disclosure notice directly to the nominated arbitrator.

Within five (5) days of receiving a notice of assignment to arbitration, each party must file, and deliver directly to the nominated arbitrator, a notice that discloses the following:

CRITICAL

Service

Publication

After receiving the signed publication order, the petitioner must publish the summons once a week for four consecutive weeks in a California newspaper of general circulation most likely to give actual notice.

Upon receiving the signed order for publication, the petitioner must cause the summons to be published in a newspaper of general circulation in the State of California that is most likely to give actual notice to the other party, pursuant to Code of Civil Procedure §415.50 (i.e., the summons must be published once a week for four consecutive weeks).

CRITICAL

Applies to

Bail or own recognizance request

A defense request for bail or O.R. will not be considered unless the District Attorney’s Office receives adequate notice and an opportunity to have a representative present when the request is presented.

No defense applications for bail or release on one’s own recognizance ("O.R.") will be considered unless the Office of the District Attorney has been given adequate notice of the request, so that a representative of the District Attorney has the opportunity to be present at the time the request is presented.

CRITICAL

Applies to

Notice of request to set aside forfeiture and exonerate bond

Except for forfeitures vacated under Penal Code sections 1305(c)(1) and (2), notice of a request to set aside forfeiture and exonerate bond must be served on the District Attorney and County Counsel at least ten days before the motion hearing.

Except for vacation of forfeiture ordered pursuant to Penal Code §§ 1305(c)(1) and (2), a notice of request to set aside forfeiture and exonerate bond must be served on the District Attorney and County Counsel at least ten (10) days prior to the hearing on the motion. This notice is a condition precedent to vacation of forfeiture.

CRITICAL

Deadline

24 hours

Service

Personal service

The declaration or offer of proof must be personally served on the Office of the District Attorney at least 24 hours before the hearing.

The declaration or offer of proof must be filed with the Clerk and must be personally served on the Office of the District Attorney not later than twenty-four (24) hours before the hearing.

CRITICAL

Applies to

Amended pleading

When lodging an amended pleading, the filing party must immediately serve a copy on all other counsel or self-represented parties.

At the time the amended pleading is lodged with the Court, the party lodging the pleading must immediately serve a copy on all other counsel, or parties appearing in propria persona.

CRITICAL

Unless otherwise ordered or provided by law, pretrial motions must be served in the manner prescribed by California Rules of Court, Rule 4.111.

The time for filing and the manner of service of pretrial motions must be as set forth in Rule 4.111 of the California Rules of Court unless otherwise ordered or specifically provided by law.

CRITICAL

Written witness lists must be filed with the court when they are served on the opposing party.

Written witness lists shall be filed with the court when served on the opposing party.

CRITICAL

All parties must exchange transcripts of electronic recordings they intend to offer into evidence by the pre-voir dire conference.

7) At or before the pre-voir dire conference, all parties shall exchange transcripts of electronic recordings they intend to offer into evidence, pursuant to California Rules of Court, Rule 2.1040.

CRITICAL

The prosecution must submit and serve proposed verdict forms, including special findings and lesser included offenses, by the pre-voir dire conference.

The prosecution shall submit and serve proposed verdict forms, including any special findings and lesser included offenses, at or before the pre-voir dire conference.

CRITICAL

A hearing to modify a probation term must be set with notice to the opposing party.

In any case in which the Court has not lost jurisdiction and the defendant or counsel seeks modification of a term of probation, including a jail term, the defendant or counsel must contact the Clerk of the Criminal Court in order to set a hearing before the bench officer who imposed the sentence with notice to the opposing party.

CRITICAL

Applies to

Mental health diversion application or petition

Defense counsel shall file an Application or Petition for Mental Health Diversion (MHD), pursuant to section 1001.36, with the court and serve the prosecutor with a copy.

Defense counsel shall file an Application or Petition for Mental Health Diversion (MHD), pursuant to section 1001.36, with the court and serve the prosecutor with a copy.

CRITICAL

Applies to

Assessment report and records

The assessment and accompanying records must be served on the district attorney’s office when the application or petition is filed; the service method is not specified.

The assessment, along with any records shall be filed with the court at the time of filing the Application or Petition and served on the district attorney’s office.

CRITICAL

Applies to

Document filed with the Court

Documents filed in matters governed by these rules must include a proof of service complying with Code of Civil Procedure §1013(a), except for an initial Petition or Complaint or an Order to Show Cause.

Except for the initial Petition or Complaint and any Order to Show Cause in a matter governed by these Rules, any document filed with the Court must be accompanied by a proof of service of that document; and the proof of service must be in compliance with Code of Civil Procedure §1013(a).

CRITICAL

If the responding party fails to appear, the moving party must immediately submit proof of timely service to the Court; if proof is unavailable, the hearing may be continued to permit its submission.

If a responding party fails to appear at a hearing, the moving party must immediately submit proof of timely service to the Court; if proof of service is not produced but the moving party alleges that timely service has been accomplished, the matter may be continued to allow submission of proof of service. Where a valid proof of service is provided, the Court will hear the matter.

CRITICAL

Applies to

Formal order

When the Court adopts an agreement reached in CCRC, it will direct a party to prepare a formal order for filing and service on the other parties.

The Court will then direct one of the parties to prepare a formal order to be filed with the Court and then served on the other parties.

CRITICAL

Information intended to be filed with the Court that was not provided to the CCR Counselor must be served on the other parties at least five days before the scheduled hearing.

Information not provided to the CCR Counselor that is intended by a party to be filed with the Court must be served on the other party or parties in accordance with applicable provisions of law and the Local Rules, but in no event less than five (5) days before a scheduled hearing.

CRITICAL

The statement of issues must be served at least 10 days before trial or at least 2 days before a settlement conference.

When a matter is set for a contested trial, both parties must file and serve a “Statement of Issues, Contentions, and Proposed Disposition of the Case” (hereinafter referred to as the “statement of issues”) at least ten (10) days prior to the trial date or at least two (2) days prior to a Settlement Conference.

CRITICAL

Deadline

5 court days

Parties must exchange legible copies of all exhibits they reasonably anticipate offering at least five court days before trial.

At least five (5) court days prior to trial, the parties must exchange legible copies of any and all exhibits that each party reasonably anticipates will be introduced at trial.

CRITICAL

Deadline

30 calendar days

Applies to

Notice of motion

A party seeking an alternate community-property valuation date must serve and file a notice of motion at least 30 calendar days before trial.

A party who seeks a valuation date for community property that is not the date of trial must serve and file, at least thirty (30) calendar days before the trial date, a notice of motion for alternate valuation date pursuant to Family Code §2552(b).

CRITICAL

Applies to

Disclosure declaration

The petitioner must file proof of service of the disclosure declaration when assets or debts are to be disposed of in a default proceeding.

If there are assets and/or debts to be disposed of by the Court in a default proceeding, the petitioner must submit a completed property declaration, consistent with the requests made in the petition, which sets out the proposed division of the assets and/or debts; the petitioner must also file a proof of service of the disclosure declaration.

CRITICAL

Applies to

Notice of request for child support order

Service

Mail to agency

When a default child-support order is sought and the custodial parent receives TANF, the designated child support agency must be served by mail with notice of the request.

When a party wishes to obtain a child support order by default and the custodial parent receives Temporary Assistance to Needy Families (“TANF”), the designated child support agency must be served by mail with notice of the request.

CRITICAL

Proofs of service for the Family Code §2105 disclosure declarations must be filed.

Proofs of service of the disclosure declarations required by Family Code §2105 have been filed.

CRITICAL

The Court may continue a hearing to allow written objections and notice to the petitioner; unless otherwise ordered, an objection is considered only if written and filed and served at least ten days before the continued hearing.

If an oral objection to any pleading is presented to the Court at the hearing thereon, the Court may continue the matter to allow for the filing of written objections, and for giving notice thereof to the petitioner. Unless otherwise ordered, the Court will not consider an objection unless it is in writing, and is filed and served at least ten (10) days prior to the date of the continued hearing.

CRITICAL

The petitioner or the petitioner’s attorney—not the Court Clerk—is responsible for giving or arranging required proceeding notice and filing proper proof of service.

It is the responsibility of the petitioner or his or her attorney, and not the responsibility of the Court Clerk, to give notice of any proceeding requiring notice, or cause it to be given; and also to file the proper proof of service of such notice.

CRITICAL

When notice is served on a person requesting special notice, or a petition seeks approval of a testamentary trustee’s accounting, the petition and all supporting papers must be served with the notice.

When notice of any petition or other application is served on a person requesting special notice, or if the petition is for approval of the accounting of a testamentary trustee, then a complete copy of the petition, along with any supporting papers, must be served with

CRITICAL

When extraordinary fees or compensation are requested, the hearing notice and petition must be served on all interested parties, and the proof of service must show service of the petition.

If the fiduciary or attorney is requesting extraordinary fees or compensation (i.e., fees or compensation other than the “ordinary” fees and compensation authorized by Probate Code §10800 and §10810), notice of hearing and a copy of the petition must be served on all interested parties. When service of a copy of the petition is required, the proof of service of notice must also show service of the copy.

CRITICAL

A petition for special letters of administration requires prior notice to the surviving spouse, the nominated executor, and any other person the Court finds equitably entitled to notice.

Petitions for special letters of administration will not be granted without prior notice to the surviving spouse, to the person nominated as executor, and to any other person who, after examination of the applicant by the Court, appears to be equitably entitled to notice.

CRITICAL

Notice must be given to the Public Administrator whenever it appears that the Public Administrator may have priority to serve as personal representative.

In all cases where it appears the Public Administrator may have priority to serve as personal representative of an estate, notice to the Public Administrator must be given.

CRITICAL

If an estate beneficiary has died, notice must be given as required by California Rules of Court, Rule 7.51(e).

When a beneficiary of the estate has died, notice must be given as required by Rule 7.51(e) of the California Rules of Court.

CRITICAL

Service

Mail

Each contingent heir, devisee, and legatee must receive mailed notice of the petition hearing.

As to contingent heirs, devisees and legatees, all such persons must be listed in the petition for probate or for letters of administration so that each will receive notice by mail of the hearing on the petition.

CRITICAL

Service

Publication

New notice must be published for an amended or second petition presenting a will or codicil omitted from the original petition.

Every will or codicil not specifically mentioned in the original petition must be presented to the Court by way of an amended petition or a second petition, and new notice thereof must be published.

CRITICAL

A later petition for Letters CTA concerning the same estate requires notice in the same manner as the original petition.

When a petition for letters testamentary or letters of administration with will annexed (“Letters CTA”) is filed after the admission to probate of a will disposing of the same decedent’s estate, notice is required just as for the original petition.

CRITICAL

The additional copy provided for clerk transmittal does not replace the petitioner’s or counsel’s responsibility to provide copies of the petition and supporting documents to the agency.

(Note: This requirement does not relieve the petitioner or counsel from the responsibility of personally providing copies of the petition and supporting documents to the agency.)

CRITICAL

A petitioner or counsel who wishes to appear on an ex parte temporary-guardian application must calendar and notice the matter under Local Rule 3.03.

If the petitioner or counsel wishes to appear on the ex parte application, he or she must calendar and notice the matter pursuant to Local Rule 3.03.

CRITICAL

The order must require the temporary guardian to notify the minor’s parents of the reconsideration hearing, in addition to the notice required by Probate Code §1511.

The order appointing a temporary guardian will identify the agency that will conduct the investigation, and the order will require that the temporary guardian give notice of the reconsideration hearing to the parents of the minor (this notice is in addition to the notice of hearing required by Probate Code §1511).

CRITICAL

The petitioner or counsel must personally provide the petition and supporting documents to the Court Investigator and notify the Investigator of hearings on the petition.

(Note: This requirement does not relieve the petitioner or counsel from the responsibility of personally providing copies of the petition and supporting documents to the Court Investigator, and from giving the Investigator notice of hearings on the petition.)

CRITICAL

The detaining agency must give timely notice of each detention hearing’s date and time to the Supervising Clerk, all parties, and appointed counsel.

It is the responsibility of the detaining agency to give timely notice of the date and time of any detention hearing to the Supervising Clerk of the Civil/Juvenile Division, as well as to all parties and to all counsel who may have been appointed.

CRITICAL

An ex parte matter may not be presented without prior notice to, or waiver by, counsel for each party unless good cause is shown; the text also states an exception for counsel’s funding applications.

No matter may be presented for ex parte consideration by the Court, except on a showing of good cause, without prior notice to, or waiver by, counsel for each party in accordance with these Rules, with the exception of applications by counsel for funding for

CRITICAL

Applies to

Motion

The moving party must give the designated CASA organization timely notice of any motion concerning a child assigned a CASA advocate.

The designated CASA organization shall be given timely notice, by the moving party, of any motion concerning a child for whom a CASA advocate has been appointed.

CRITICAL

Deadline

5 calendar days

A CASA Report must be served on the specified recipients at least five calendar days before the hearing at which it will first be considered.

Not later than five calendar days prior to any hearing at which a CASA Report will first be considered, copies of that Report must be served on all counsel of record, on the Department of Human Services/Adult and Children’s Services, and on any party to the proceeding not represented by counsel.

CRITICAL

Service

Mail

When a filed CASA Report is delivered to an attorney’s Clerk-maintained pickup box, CASA must immediately mail that attorney a specified notice stating the case caption, case number, and that the Report was placed in the box.

Whenever CASA delivers a CASA Report to a party’s attorney by use of the attorney’s pickup box maintained by the Clerk of the Court, CASA must immediately serve upon that same attorney, by postage-prepaid first-class mail, a document entitled "Notice of Filing CASA Report" which states the caption of the cause and its case number, and further states that the Report has been placed in said pickup box. This Notice will be required only if the Report so delivered is filed with the Court.

CRITICAL

Applies to

Welfare and Institutions Code section 388 petition

A CASA advocate’s Welfare and Institutions Code section 388 petition must be served under Code of Civil Procedure sections 1011, 1012, or 1013.

If a CASA advocate files a petition pursuant to Welfare & Institutions Code §388, such petition must be served according to the provisions of Code of Civil Procedure §§1011, 1012, or 1013.

CRITICAL

Every document a CASA advocate files in Juvenile Court proceedings, including a CASA Report, must be accompanied by proof of service indicating the service method.

A proof of service indicating the method of service must accompany any document filed by a CASA advocate in Juvenile Court proceedings, including CASA Reports.

CRITICAL

A party intending to invite additional participants must inform the Mediator at least 24 hours before mediation.

Any party who intends to invite additional participants to the mediation (e.g., family members or support persons) must so inform the Mediator no less than twenty-four (24) hours prior to the mediation.

CRITICAL

The detaining agency is responsible for giving the Supervising Clerk, all parties, and appointed counsel timely notice of the detention hearing’s date and time.

It is the responsibility of the detaining agency to give timely notice of the date and time of the detention hearing to the Supervising Clerk of the Civil/Juvenile Division, as well as to all parties and all counsel who may have been appointed.

WARNING

The citation must be served on the persons and in the manner specified by Family Code §7880.

A citation will be issued upon the filing of the petition, and must be served on the persons and in the manner described in Family Code §7880.

WARNING

When an alleged natural father is claimed to be unidentifiable or unlocatable for service, the petitioner must serve notice of the proceedings under Family Code §§7666 and 7667.

If it is claimed that an alleged natural father is unidentifiable or cannot be found for service, the petitioner must file a petition and serve notice of the proceedings pursuant to Family Code §7666 and §7667, and the Clerk of the Court will set a hearing on the regular adoptions calendar, for determination as to whether or not the father is unidentifiable, and as to whether or not the Court may dispense with notice to any alleged natural father.

WARNING

Untimely service or filing of moving or responding papers, or untimely filing of proof of service, may result in denial or disregard of the paper at the Court’s discretion.

Failure to timely serve and file a moving or responding paper, or to timely file a proof of service, may, in the Court's discretion, constitute a sufficient basis for denial of the motion or application, or to disregard the paper.

WARNING

Applies to

Jury instructions

Additional proposed instructions on questions developed by the evidence may be served on opposing sides before argument begins.

Thereafter, but before commencement of argument, any additional proposed instructions upon questions developed by the evidence and not disclosed by the pleadings may be delivered to the trial judge and served upon the opposing side or sides.

WARNING

Applies to

Proof of service

The Court may summarily dismiss an unlawful detainer action without prejudice if the plaintiff does not file proof of service within 60 days after filing the action.

Pursuant to Code of Civil Procedure section 1167.1, the Court may issue summary dismissal without prejudice if plaintiff does not file a Proof of Service of the Summons and Complaint within 60 days of the filing of the Unlawful Detainer action.

WARNING

Service of a sentence-modification request must follow California Rule of Court 4.111, unless otherwise ordered or specifically provided by law.

The time for filing and the manner of service of a request for sentence modification must be as set forth in Rule 4.111 of the California Rules of Court unless otherwise ordered or specifically provided by law.

WARNING

Service

Mail

After a guilty finding, the court must notify the defendant by first-class mail of the disposition, imposed fines and fees, and the right to request a trial de novo.

If the court finds the defendant guilty, the conviction will be reported to the Department of Motor Vehicles and the court will notify the defendant, by first class mail, of the disposition of the case, the amount of imposed fines and fees, and the defendant’s right to request a trial de novo within the time specified in the notice.

WARNING

Trial briefs and memoranda are optional, but if used must be served at least five court days before trial.

Trial briefs and memoranda of points & authorities are not required. If utilized, however, those documents must be served and filed at least five (5) court days prior to the trial.

WARNING

No new notice is required for a continuance after proper notice of the initial hearing unless the Court specifically orders notice.

If a proceeding has been properly noticed for its initial hearing, new notice is not required for any continuance unless the Court specifically orders such notice.

WARNING

If timely service on an attorney is not possible and the Clerk maintains a pickup box for that attorney, CASA may deposit the Report there, but service is not complete unless Local Rule requirements are met.

If a CASA Report cannot be served on an attorney within the time established by this Rule and if the Clerk of the Civil/Juvenile Court maintains a pickup box for that attorney, then CASA may serve the Report by depositing it in the pickup box maintained by the Clerk for that attorney. Service in this manner will not be deemed complete unless CASA has complied with the requirements of the Local Rules.

WARNING

The special service privilege described in these Rules applies only to CASA Reports.

The service privilege described by these Rules extends to service of CASA Reports only.

WARNING

The party requesting mediation must notify the Mediator of the requested date and time.

The requesting party must notify the Mediator of the requested date and time.

WARNING

The party requesting mediation is responsible for notifying participants of the date and time assigned by the Mediator.

The party who requests the mediation will be responsible for notifying the participants of the date and time assigned by the Mediator.

INFO

An indigent plaintiff or petitioner may apply for an alternative method of service instead of publication in a California newspaper of general circulation.

An indigent plaintiff/petitioner may apply to the Court for an alternative manner of service, other than publication in a California newspaper of general circulation.

INFO

The Court favors personal service of a CASA Report over service by mail.

(Note: the Court favors personal service of the Report over service by mail.)