Solano Superior Court Service and Proof of Service Rules

Applies to

Acknowledgement of judge assignment

Service

Personal service to court

When the plaintiff, plaintiff’s attorney, or agent receives the judge-assignment notice in person, the person must acknowledge receipt, and the clerk must file the acknowledgement with proof of personal service.

Upon the filing of the complaint, the Clerk of the Court shall notify plaintiff, plaintiff’s attorney, or an agent of the plaintiff of the assignment to one judge for all purposes; and, if in person, the person receiving notice shall sign an acknowledgement of the notification on a form to be prepared by the Clerk of the Court indicating thereon that the notification is received on behalf of plaintiff. The clerk shall file the acknowledgement of the notification in the court file with an attached proof of personal service.

Applies to

Judge assignment notice

Service

Mail to opposing party

If the judge-assignment notice is not acknowledged in person, the clerk must mail it to the plaintiff’s address of record by first-class mail and file proof of mailing.

If the notification of the plaintiff, his attorney or agent is not in person and acknowledged in writing, then the clerk shall mail a notice to plaintiff at his or her address of record by first class mail and file a proof of mailing in the court file.

Deadline

5 calendar days

Applies to

Judge assignment notice

The plaintiff must promptly notify all existing and later-entering parties of the judge assignment and file proof of service within five days after the notice is served.

Plaintiff shall promptly notify all parties in the case at the time the assignment is made and notify all parties who later enter the case and file with the court a proof of service of such notification of the assignment to a judge for all purposes within five (5) days after the notice is served.

The moving party must comply with the applicable ex parte notice requirements.

It is the moving party’s obligation to comply with the noticing requirements in California Rules of Court, rules 3.1200 et seq.

Service

Mail to all parties

After obtaining the court’s signature, the court must mail the mediation invitation to the parties.

The court shall then mail the notice of invitation to the parties.

Deadline

20 calendar days

Service

Personal service

Service on petitioners of the agency’s preliminary estimated-cost notification is by personal service.

Within twenty (20) calendar days after receipt of a request to prepare the administrative record, the public agency responsible for such preparation shall personally serve on petitioners a preliminary notification of the estimated cost of preparation, setting forth the agency’s normal costs per page, other reasonable costs, if any, the agency anticipates, and the likely range of pages.

Deadline

40 calendar days

Petitioners must serve the detailed proposed-record index on all parties within 40 calendar days after service of the initial notice to prepare the administrative record.

If petitioners so elect, then within forty (40) calendar days of service of the initial notice 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

Within seven (7) calendar days of the notification, the agency and/or other parties must prepare and serve petitioners and all parties a document identifying items they contend should be added to or deleted from the record.

Within seven (7) calendar days of this notification, the agency and/or other parties shall prepare and serve the petitioners and all parties with a document notifying them of any document(s) or item(s) that such parties contend should be added to, or deleted from, the record.

Deadline

40 calendar days

When petitioners do not elect to prepare the record, the agency must serve its detailed proposed-record index on the parties within 40 calendar days after service of the record-preparation request.

If petitioners do not so elect, then within forty (40) calendar days after service of the request to prepare the administrative record, the agency shall prepare and serve on the parties a detailed index listing the documents proposed by the agency to constitute the record and provide a supplemental estimated cost of preparation.

Deadline

7 calendar days

Within seven (7) calendar days of receiving the notification, petitioners and/or other parties must prepare and serve the agency and all parties with notice identifying items they contend should be added to or deleted from the record.

Within seven (7) calendar days of receipt of this notification, petitioners and/or any other parties shall prepare and serve the agency and all parties with a document notifying the agency of any document(s) or item(s) that such parties contend should be added to, or deleted from, the record.

Deadline

20 calendar days

Service

Personal service to other

The preliminary notification of anticipated document locations must be personally served on petitioners within 20 calendar days after receipt of their notice electing to prepare the record.

Within twenty (20) calendar days after receipt of petitioners’ notice of election to prepare the record themselves, the public agency responsible for certification of the record shall personally serve on petitioners a preliminary notification designating, to the extent then known, the location(s) of the documents anticipated to be incorporated into the administrative record.

Deadline

30 calendar days

Applies to

Opening memorandum

Petitioners must file the opening memorandum directly in the designated CEQA department and serve it by personal service, overnight mail, or previously agreed fax or electronic service within 30 calendar days after service of the administrative record.

Petitioners shall file directly in the designated CEQA department and serve personally, by overnight mail or, if previously agreed, by fax or electronic service, an opening memorandum of points and authorities in support of the petition within thirty (30) days from the date the administrative record is served.

Deadline

30 calendar days

Applies to

Opposition memorandum

Respondent and the real party in interest must file and serve any opposition points and authorities within 30 calendar days after service of petitioners’ memoranda, using personal service, overnight mail, or previously agreed fax or electronic service.

Respondent and Real Party in Interest shall file directly in the designated CEQA department and serve personally, by overnight mail, or if previously agreed, by fax or electronic service, opposition points and authorities, if any, within thirty (30) days following service of petitioners’ memoranda of points and authorities.

Deadline

20 calendar days

Applies to

Reply brief

The reply memorandum may be served personally, by overnight mail, or, if previously agreed, by fax or electronic service.

Petitioners shall have twenty (20) days from service of the opposition’s points and authorities to file directly in the designated CEQA department and serve personally, by overnight mail, or if previously agreed, by fax or electronic service, a reply memorandum of points and authorities.

Unless privileged, all relevant discovery material must be timely disclosed to all litigation parties.

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

Deadline

5 court days

Applies to

Discovery motion

The formal-discovery motion must be served on every party at least five court days before the hearing.

The motion shall be served on all parties at least five (5) court days before the hearing date.

Applies to

Discovery motion

A copy of the formal-discovery motion must be served on the court assigned to hear the matter.

A copy shall be served on the court before whom the matter is scheduled to be heard.

Deadline

2 court days

Applies to

Responsive papers

Responsive papers in formal discovery must be filed and served in the same manner at least two court days before the hearing.

Any responsive papers shall be filed and served in like manner two (2) court days prior to the hearing.

Deadline

1 court days

The party filing an ex parte application must give all counsel notice at least one court day before the hearing.

All ex parte applications shall be in writing and the party making the applications shall provide notice to all counsel at least one court day prior to the hearing.

Applies to

Brief

Supporting and opposition memoranda must be served on all other counsel and the petitioner by facsimile or personal service.

All memoranda of points and authorities, whether in support of or in opposition to the objection, must be served on all other counsel and the petitioner via facsimile or personal service.

Applies to

Court investigator service documents

In relative guardianship matters handled by the Court Investigators Office, the petitioner or attorney must serve the specified documents on that office at least 30 days before the hearing.

In guardianship proceedings where the court has appointed the Court Investigators Office, the petitioner or the petitioner's attorney must serve the Court Investigators Office with a copy of the following documents at least thirty (30) days prior to the hearing date:

Applies to

Department investigator service documents

Service

Other to agency

In non-relative guardianship investigations conducted by the Department, the petitioner or attorney must serve the specified documents on the Department 30 days before the hearing.

In guardianship proceedings where the court has appointed the Solano County Department of Health & Social Services (“Department”) to investigate the guardianship petition, the petitioner or the petitioner's attorney must serve the Department with a copy of the following documents thirty (30) days prior to the hearing date:

Applies to

Subpoena

Service

Personal service

A subpoena compelling a court investigator to attend a hearing or trial must comply with the cited Government Code provisions and be personally served on the investigator, the Court Executive Officer, or a designated agent.

Any subpoena to compel a court investigator’s presence at a hearing or trial must be served in compliance with Government Code sections 68097.1 and 68097.2. Said subpoena shall be served personally on the court investigator, on the Court Executive Officer, or an agent designated by the Court Executive Officer, during

Deadline

10 court days

Applies to

Subpoena

A subpoena for a court investigator must be served at least 10 court days before the investigator's first appearance, unless the investigator agrees to a shorter period.

In order to give the court investigator reasonable time for preparation, the subpoenaing party shall serve the subpoena a minimum of 10 court days prior to the first date the court investigator is to appear at the hearing or trial, unless the court investigator agrees to a shorter period of time.

Applies to

Objection

Unless the court orders otherwise, an objecting party must comply with the rule's service requirements even if the party appears at the guardianship hearing.

however, unless otherwise ordered by the court, appearance at the hearing does not excuse the objecting party from filing his or her written objection and complying with the service requirements in this rule.

Applies to

Alternate guardian nomination petition

A petition nominating an alternate guardian is subject to the same service and notice requirements as the original guardianship petition.

A petition filed pursuant to this rule is subject to the same service and notice requirements as the original petition for guardianship.

Unless the court orders otherwise upon proper application, notice of the visitation petition must be provided as required by Probate Code section 1511.

Unless otherwise ordered by the court upon proper application, the person shall provide notice of his or her petition as required by Probate Code section 1511.

A person requesting visitation orders must serve the specified documents on every person entitled to notice under Probate Code section 1511 or by court order.

A person requesting visitation orders must have the following documents served on any person who is entitled to notice of the petition for guardianship per Probate Code section 1511 or by order of the court:

A copy of the filed visitation petition or Request for Order, with all attachments, must be served.

(1) A copy of the filed petition or Request for Order for visitation with any and all attachments; and,

Notice of Hearing—Guardianship or Conservatorship, Judicial Council form GC-020, must be served.

(2) Notice of Hearing – Guardianship or Conservatorship (Judicial Council form GC-020).

A requester for visitation must file one or more proofs showing service on every person entitled to notice.

A person requesting visitation shall file one or more proofs of service demonstrating that all persons entitled to notice have been served as required.

Applies to

Petition for termination of guardianship

A petition to terminate a relative guardianship must be served on the Court Investigators Office, while a non-relative guardianship petition must be served on the Solano County Department of Health & Social Services.

In addition to complying with the service and notice requirements set by law, a person filing a petition to terminate the guardianship shall also serve a copy of the petition and the Notice of Hearing on the Court Investigators Office, if the guardianship to be terminated is a relative guardianship, or on the Solano County Department of Health & Social Services, if the guardianship to be terminated is a non-relative guardianship.

An objector must timely serve notice of an inventory-and-appraisal hearing on the appropriate agency, except when the hearing is already on calendar or was set automatically by the court.

A person who files an objection to the inventory and appraisal of a guardian shall timely serve a notice of hearing on the Court Investigators Office, if the inventory and appraisal is in a relative guardianship of the estate, or on the Solano County Department of Health & Social Services, if the inventory and appraisal is in a non- relative guardianship of the estate. This notice of hearing shall only be required for a hearing set by the objecting party that is not already on calendar. No notice of the hearing is required for the review hearings set automatically by the court.

A guardian must serve an exact copy of the accounting on the Court Investigators Office for a relative guardianship or the Department of Health & Social Services for a non-relative guardianship.

The guardian shall serve an exact copy of the accounting on the Court Investigators Office, if the accounting is in a relative guardianship of the estate, or on the Solano County Department of Health & Social Services, if the accounting is in a non-relative guardianship of the estate.

The petitioner must serve notice of the new hearing date on all interested persons.

The petitioner shall also serve a notice to all interested persons of the new hearing date.

Service

Other

Upon filing a petition for appointment of a temporary or probate conservator, the petitioner or attorney must immediately submit the specified forms and petition copies to the Court Investigators Office.

Immediately upon the filing of a Petition for Appointment of Temporary Conservator or Petition for Appointment of Probate Conservator, the petitioner or the petitioner's attorney must submit the following documents to the Court Investigators Office: (1) Notice of Hearing – Guardianship or Conservatorship (Judicial Council form GC-020); (2) A copy of the Petition for Appointment of Probate Conservator (Judicial Council form GC-311); (3) A copy of the Petition for Appointment of Temporary Conservator (Judicial Council form GC-111), if one was filed; and, (4) The Confidential Conservator Screening Form (Judicial Council form GC-314).

A copy of every pleading or document filed in the court file must be immediately provided to the Court Investigators Office by the filing party or attorney.

A copy of any pleadings or documents filed in the court file shall be immediately provided to the Court Investigators Office by the party or attorney filing said pleadings or documents.

Any subpoena compelling a court investigator’s presence at a hearing or trial must be served in compliance with Government Code sections 68097.1 and 68097.2.

Any subpoena to compel a court investigator’s presence at a hearing or trial must be served in compliance with Government Code sections 68097.1 and 68097.2.

Deadline

10 court days

Applies to

Subpoena

A subpoena must be personally served on the court investigator, the Court Executive Officer, or the Court Executive Officer’s designated agent during normal court business hours, with the required payment accompanying it or the subpoena will not be accepted and service will not be complete; service must occur at least 10 court days before the first appearance unless the investigator agrees to a shorter period.

Said subpoena shall be served personally on the court investigator, on the Court Executive Officer, or an agent designated by the Court Executive Officer, during the court’s normal business hours. The subpoena shall be accompanied by payment in the amount required by Government Code section 68097.2 for each day that the court investigator is required to remain in attendance at the hearing or trial pursuant to the subpoena; otherwise, the subpoena shall not be accepted or service deemed complete. In order to give the court investigator reasonable time for preparation, the subpoenaing party shall serve the subpoena a minimum of 10 court days prior to the first date the court investigator is to appear at the hearing or trial, unless the court investigator agrees to a shorter period of time.

At the ex parte hearing, the moving party must provide copies of the filed notice declaration to the judicial officer and any appearing opposing party or attorney; failure may result in rescheduling.

The moving party shall make available a copy of the filed Declaration Re Notice Upon Ex Parte Application for Orders to the judicial officer, and to the opposing party or attorney if one appears, at the time of the ex parte hearing, or the ex parte hearing may be ordered rescheduled.

Unless the court orders otherwise, the petitioner must give notice of an ex parte application for temporary orders to all persons entitled to notice.

Unless otherwise ordered by the court, notice of the ex parte application for temporary orders shall be given by the petitioner to all those who are entitled to notice.

Applies to

Inventory and appraisal

When presenting an inventory and appraisal to the court, the estate conservator must simultaneously serve an exact copy on the Court Investigators Office.

At the time that the conservator of the estate presents an inventory and appraisal to the court pursuant to Probate Code sections 2610 or 2620 or any other section of the Probate Code, the conservator shall also serve an exact copy of the inventory and appraisal on the Court Investigators Office.

Applies to

Notice of hearing

A person objecting to an inventory or appraisal must timely serve a hearing notice on the Court Investigators Office when requesting a hearing not already on calendar; notices are not required for automatically set review hearings.

A person who files an objection to the inventory or appraisal of a conservator shall timely serve a notice of hearing on the Court Investigators Office. This notice of hearing shall only be required for a hearing set by the objecting party that is not already on calendar. No notice of the hearing is required for the review hearings set automatically by the court.

Deadline

30 calendar days

Applies to

Inventory

When presenting an accounting, the conservator of the estate must serve an exact copy of the inventory on the Court Investigators Office at least 30 days before the review hearing.

At the time that the conservator of the estate presents an accounting to the court pursuant to Probate Code section 2620 et seq. or any other section of the Probate Code, the conservator shall also serve an exact copy of the inventory on the Court Investigators Office. Said service shall be at least thirty (30) days prior to the date of the review hearing set pursuant to Rule 15.59, subsection (c).

Deadline

30 calendar days

Applies to

Accounting

Unless the court orders otherwise, subsequent accountings must be served on the Court Investigators Office at least 30 days before the related compliance review hearing.

Absent a court order to the contrary, any subsequent accountings shall likewise be filed and served on the Court Investigators Office at least 30 days prior to any subsequent compliance review hearings.

Applies to

Notice of hearing

A person objecting to a conservator's accounting must timely serve notice of hearing on the Court Investigators Office when requesting a hearing not already on the court calendar, but no notice is required for automatically set review hearings.

A person who files an objection to the accounting of a conservator shall timely serve a notice of hearing on the Court Investigators Office. This notice of hearing shall only be required for a hearing set by the objecting party that is not already on calendar. No notice of the hearing is required for the review hearings set automatically by the court.

If a testate conservatee has a nominated executor other than the conservator, the conservator must notify that executor within 30 days of death.

If the conservatee died testate, the conservator shall notify the conservatee’s nominated executor within 30 days of the conservatee’s death, unless the will fails to nominate an executor or the conservator is the nominated executor.

Applies to

Request for telephone appearance

A telephone-appearance request must be served on all other parties, their attorneys, and the local child support agency by the close of business on the next court day.

The request must be served on all other parties, their attorneys, and the local child support agency through a means calculated to ensure delivery by the close of business on the next court day.

Applies to

Status conference notice

Notice of a requested status conference must comply with Code of Civil Procedure section 1005, and proof of service must be filed with the court.

Notice shall be consistent with Code of Civil Procedure section 1005 and proof of service of such notice shall be filed with the court.

Deadline

7 calendar days

Applies to

Status conference report

Each party or counsel must serve the completed status-conference report on all other parties at least seven calendar days before the conference.

At least seven (7) calendar days before the scheduled status conference, each party (or their counsel) shall file with the court and serve on all other parties a completed status conference report on a local form designated for that purpose.

Deadline

7 calendar days

Applies to

Status conference report

Proof of service of the status-conference report must be filed with the court at least seven calendar days before the conference.

Proof of service of the status conference report shall be filed with the court at least seven (7) calendar days before the scheduled status conference.

The settlement conference statement and any other rule- or court-order-required documents must be served at least 14 calendar days before the conference.

Each party or attorney shall file and serve his or her settlement conference statement and any other documents required by this rule or by court order at least fourteen (14) calendar days prior to the settlement conference.

Proof of service is required for the settlement conference statement.

Proof of service of the settlement conference statement shall be filed with the court at least seven (7) calendar days before the scheduled status conference.

Applies to

Motion

A noticed motion challenging an evaluator's determination must be served on the other parties, the minor child's attorney, and the evaluator or investigator in compliance with Code of Civil Procedure section 1005.

Such motion shall be in compliance with Code of Civil Procedure section 1005 and shall be served on the other parties, the attorney for the minor child, and the evaluator or investigator.

Applies to

Withdrawal petition

A private evaluator's petition for withdrawal must be filed and served in compliance with Code of Civil Procedure section 1005.

The petition shall be filed and served in compliance with Code of Civil Procedure section 1005.

Applies to

Complaint

A minor's-counsel grievance complaint must be written, served on all counsel and self-represented parties, and delivered to the courtroom clerks for the family-law supervising judge and assigned bench officer, with the original and a copy respectively.

The complaint must be in writing and served on all counsel and self-represented parties. The original complaint must be delivered to the courtroom clerk for the supervising judge of family law and a copy must be delivered to the courtroom clerk of the assigned bench officer in the case.

Unless already on file, proof of service of summons must be submitted when requesting a hearing or submitting the judgment by declaration.

Unless already on file, the following documents shall be submitted to the court at the time the hearing is requested or at the time the judgment by declaration is submitted:  Proof of Service of Summons (form FL-115) or other proof of service

A request submitted to the court must also be immediately served on the opposing party.

Any request submitted to the court shall additionally be immediately served on the opposing party.

Applies to

Complaint

The timing for service of the complaint is governed by California Rules of Court rules 3.110 and 3.740(c).

Time requirements for service of the complaint shall be as specified by California Rules of Court, rules 3.110 and 3.740, subdivision (c).

Applies to

Responsive pleading

The timing for service of responsive pleadings is governed by California Rules of Court rules 3.110, 3.740(c), and 3.1320.

Time requirements for service of responsive pleadings shall be as specified by California Rules of Court, rules 3.110, 3.740, subdivision (c), and 3.1320.

Applies to

Cross complaint

The timing for service of a cross-complaint is governed by California Rules of Court rules 3.110 and 3.1320.

Time requirements for service of cross-complaints shall be as specified by California Rules of Court, rules 3.110 and 3.1320.

Applies to

Notice of case management conference

The plaintiff must notify all defendants of the initial and any continued case-management conference dates.

Plaintiff is responsible for notifying all defendants of the initial or any continued Case Management Conference dates.

Applies to

Notice of case management conference

The plaintiff must serve the Notice of Case Management Conference on every defendant together with the complaint.

The plaintiff shall serve the Notice of Case Management Conference on all defendants with the complaint.

Applies to

Notice of case management conference

A plaintiff or defendant serving a cross-complaint must serve the Clerk-provided Notice of Case Management Conference One on each cross-defendant with that cross-complaint.

Any plaintiff and any defendant serving a cross-complaint shall serve a copy of the Notice of Case Management Conference One provided by the Clerk, which sets the date and place for Case Management One, on each cross- defendant with the cross-complaint.

Applies to

Notice of case management conference

When a cross-complaint is served after Case Management Conference One, the cross-complainant must serve each cross-defendant at that time with a Notice of Case Management Conference Two stating the conference's date, time, and place and explaining the parties' case-management obligations.

In the event that any cross-complaint is served after Case Management Conference One has been held, the cross- complainant, at the time of service of the cross-complaint, shall serve each cross-defendant with Notice of Case Management Conference Two, which shall contain the date, time and place of Case Management Conference Two and explain the obligations of the parties in regard to case management conferences under these rules.

Deadline

10 court days

Applies to

Trial conference statement

Each counsel must serve a completed Trial Conference Statement on all parties at least ten court days before the Trial Conference.

Each counsel shall complete, file and serve on all parties a completed Trial Conference Statement at least ten (10) court days before the date set for the Trial Conference.

A settling plaintiff or other party seeking affirmative relief must immediately serve the Notice of Settlement under California Rules of Court Rule 3.1385.

If an entire action is settled, Plaintiffs or other parties seeking affirmative relief must immediately file and serve a Notice of Settlement pursuant to Rule 3.1385 of the California Rules of Court.

Service

Electronic service

In cases designated as complex under California Rules of Court rule 3.403, all documents must be served electronically unless the court modifies the rule.

In all cases designated as “complex” per California Rules of Court, rule 3.403, the following rule shall apply, unless modified by court order. a. ELECTRONIC SERVICE OF DOCUMENTS (1) All documents shall be served electronically as set forth in this order and in California Rules of Court, rule 2.251.

In complex matters, the electronic-service rule applies to all attorneys; it applies to self-represented litigants only if they elect to participate, while non-electing unrepresented litigants must use the methods required by governing law and local rules.

(4) This rule shall apply to all attorneys in a complex matter. This rule shall apply to self-represented litigants only if they elect to participate in electronic service. Unrepresented litigants who do not elect to participate in electronic service shall serve and shall be served documents in the manner required by the Code of Civil Procedure, the California Rules of Court, and/or the local rules of the Superior Court of California, County of Solano.

Documents filed under seal or subject to a pending motion to seal, documents directed to a non-electing unrepresented party, and a summons, complaint, or cross-complaint may not be served electronically, subject to the stated court-order exception for sealed documents.

(5) The following documents shall not be served electronically: (a) Documents filed under seal or subject to a pending motion to seal, unless electronic service is permitted or required by specific court order. (b) Documents directed to an unrepresented party who has not elected to participate in electronic service. (c) A summons, complaint, or cross-complaint.

Documents that cannot be served electronically under the complex-litigation rule must instead be served under the applicable statutory, statewide, or local procedural provisions.

(6) The documents enumerated in (A)(5), supra, shall be served pursuant to the applicable provisions of the Code of Civil Procedure, California Rules of Court, and/or the local rules of the Superior Court of California, County of Solano.

Service

Electronic service

File & ServeXpress is the designated electronic service provider unless the court announces a change or enters a further order.

The court designates File & ServeXpress as the electronic service provider (“the ESP”). File & ServeXpress shall serve as the ESP absent notice by the court that the ESP has been changed or further court order.

When a plaintiff designates the case complex in the initial complaint, a copy of the rule must be served on every defendant with the summons and complaint.

If a plaintiff designates the case as complex on the initial complaint, a copy of this rule shall be served on all defendants concurrently with the summons and complaint.

When a plaintiff first designates the case complex in an amended complaint, a copy of the rule must be served on every defendant with that amended complaint.

If a plaintiff does not designate the case as complex on the initial complaint but designates it as complex on an amended complaint, a copy of this rule shall be served on all defendants concurrently with the amended complaint.

When a defendant designates the case complex in the initial answer, a copy of the rule must be served on every plaintiff with the answer.

If a defendant designates the case as complex on the initial answer, a copy of this rule shall be served on all plaintiffs concurrently with the answer.

When a defendant first designates the case complex in an amended answer, a copy of the rule must be served on every plaintiff with that amended answer.

If a defendant does not designate the case as complex on the initial answer but designates it as complex on an amended answer, a copy of this rule shall be served on all plaintiffs concurrently with the amended answer.

If the court designates a previously unrequested complex case, the plaintiff must serve a copy of the rule on all defendants within five calendar days after receiving notice of the designation.

If neither party designates the case as complex but the court determines the case is complex per California Rules of Court, rule 3.403(b), the plaintiff shall serve a copy of this rule on all defendants within 5 calendar days of being notified by the court of the complex designation.

Applies to

Initial service

A party joining a new party into the action must serve the new party with a copy of the rule when initial service occurs.

Any party that joins a new party into this action shall serve a copy of this rule on the new party at the time of initial service.

Service

Electronic service

The ESP must post every document submitted by a Registered User to the case website and electronically serve it according to the ESP service list and the rule's procedures.

The ESP shall post to the Website all documents submitted to the ESP by any Registered User and shall serve each document pursuant to the service list provided to the ESP in accordance with the procedures herein.

Service

Electronic service

Documents served through the ESP must be transmitted electronically over the Internet.

A document shall be served through electronic transmission to the ESP over the Internet.

Applies to

Electronically served document

Service

Electronic service

Electronic-service proofs must comply with the cited statutes and rules, and the ESP transaction receipt may serve as the proof when it complies with those requirements.

Written proofs of electronic service shall conform to Code of Civil Procedure section 1013a and California Rules of Court, rule 2.251(i). The ESP's transaction receipt may operate as the proof of service so long as it complies with California Rules of Court, rule 2.251(i), and California Code of Civil Procedure section 1013a.

Service

Email

After granting a timely remote-proceeding request, the clerk must extend the appearance date by at least 25 calendar days and notify the defendant within 10 court days, with email permitted as the notice method.

If the clerk receives the defendant's timely request for a remote video arraignment and trial or remote video trial, and the request is granted, the clerk must, within 10 court days after receiving the defendant's request, extend the appearance date by no less than 25 calendar days and must provide notice to the defendant of the extended due date. Said notice to the defendant may be made by e-mail as provided for above.

Applies to

Notice of remote proceedings

Service

Electronic service

After granting a remote video proceeding request, the clerk must electronically notify the arresting or citing law enforcement officer of the proceeding's date and time within 10 days of receiving the request form.

If a court grants the defendant's request for a remote video proceeding after receipt of the defendant's Notice and Waiver of Rights and Request for Remote Video arraignment and Trial form or Notice and Waiver of Rights and Request for Remote Video Proceeding form, the clerk must within ten (10) days of receipt deliver electronically a notice of the remote video proceedings to the arresting or citing law enforcement officer, specifying the date and time for the remote video proceedings.

An applicant seeking an ex parte order shortening time must give all parties notice no later than 10:00 a.m. on the preceding court day, unless exceptional circumstances justify shorter notice.

A party filing an Application for Ex Parte Order Shortening Time must notify 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.

Applies to

Application for mental health diversion

Defense counsel must serve the prosecutor with a copy of the Application for Mental Health Diversion.

A. Notice of motion. Defense counsel shall file an Application for Mental Health Diversion (MHD), pursuant to section 1001.36, with the Court and serve the prosecutor with a copy.

Self-represented parties, non-parties, and attorneys excused from electronic filing must receive service as required by statute or court rule.

Self-represented parties, non-parties, and attorneys excused from electronic filing must be served as required by statute or rule of court.

Service

Mail

An attorney requesting an exemption must receive documents in paper form until the court rules on the exemption request.

An attorney who requests an exemption shall be served with documents in paper form until the Court rules on the request.

Service

Mail

The party or the party’s counsel is responsible for mailing hearing notices when required by the Probate Code.

Several Probate Code sections require the Clerk of the Court to "cause notice of the hearing to be mailed." The Clerk fulfills this function by requiring a party or a party’s counsel to do the mailing. Therefore, the party or the party’s counsel is charged with this duty.

Applies to

Applicable papers

Proof of service is required for applicable papers.

name of any party so informed, and proof of service of any applicable papers.

Applies to

Special letters of administration petition

Special-administration petitions ordinarily require notice under Probate Code sections 8003 and 8110 unless good cause supports dispensing with notice.

Except upon a showing of good cause for dispensing with notice, petitions for special letters of administration will not ordinarily be granted without the petitioning party giving notice in compliance with Probate Code section 8003 and 8110.

Applicants or their counsel must deliver a copy of a temporary restraining order to one or more designated law enforcement agencies to obtain enforcement.

To obtain enforcement of temporary restraining orders, applicants or their counsel shall deliver a copy of such orders to one or more designated law enforcement agencies.

Service

Other

The party obtaining relief or that party's attorney must immediately notify the designated law enforcement agency in writing when the order is terminated, extended, or modified.

Where an order is issued restraining or enjoining domestic violence and that order is terminated before the expiration date, extended beyond that date or otherwise modified, the party obtaining relief, or his or her attorney, shall immediately notify the designated law enforcement agency in writing of such termination, extension or modification.

If a temporary restraining order is continued to a later hearing date, the applicant must deliver a copy of the order to the designated law enforcement agency.

In the event the temporary order is continued by court order to a subsequent hearing date, applicant shall deliver a copy of such order to the designated law enforcement agency.

The guardian must serve an exact copy of the inventory.

The guardian shall serve an exact copy of the inventory

An investment-authorization petition may be heard without notice if no request for special notice has been filed, and the Local Rule 5.4 emergency-order procedure applies.

If a request for special notice has not been filed, a petition seeking court authorization to invest may be heard without notice. The emergency order procedure set out in Local Rule 5.4 shall apply.

Applies to

Moving papers package

The court may require service of the entire moving papers package in a prescribed manner on a party, interested person, or attorney before the ex parte hearing.

In its discretion, the court may require that the entire moving papers package be served in a prescribed manner upon another party, interested person, or his or her attorney, at a specified time before the ex parte hearing.

Applies to

Grievance response

A written response to a minor's-counsel grievance complaint must be provided to the complainant, all counsel, and all self-represented parties, with a copy sent to the assigned bench officer.

A written response will be provided to the person presenting the complaint and all counsel and self-represented parties, with a copy sent to the assigned bench officer in the case.

Applies to

Case management statement

The court may impose sanctions if a Case Management Statement is not timely filed or served.

A Case Management Statement is not timely filed and/or served;

Deadline

1 hours

Service

Electronic service

The ESP must notify all Registered Users within one hour after a document is posted, and served users also receive a courtesy email notification with a hyperlink to the document.

Within one (1) hour of the time a document is posted to the Website, the ESP will notify all Registered Users that a document has been posted to the Website. Registered Users will also receive a courtesy e-mail notification of a filing with which they have been served.

Service

Electronic service

Each Registered User must retain an original dated hard copy with a handwritten signature of documents served electronically and make those copies available for inspection as required by the cited rules.

Each Registered User shall retain an original dated hard copy with hand written signature of all documents served electronically by that Registered User. All such hard copies shall be made available for inspection in the manner set forth in California Rules of Court, rules 2.251(i) and 2.257(a).

Applies to

Electronically served document

Service

Electronic service

A proof-of-service page may be attached as the last page of the electronically served document, and no separate caption page or separate proof filing is required if the specified conditions are met.

A proof of service page may be attached to the last page of any electronically served document. Neither a separate caption page nor a separate filing of the proof of service is required so long as the proof of service page contains a caption referencing the case name and action number, is attached as the last page of the electronically served document to which it refers, and references the ESP's transaction receipt.

Applies to

Objection

Persons objecting to appointment of a temporary or general guardian are strongly encouraged, but not required, to file and serve the designated local-form objection as early as possible before the guardianship hearing.

A person objecting to the appointment of a temporary or general guardian of the person and/or estate are strongly encouraged to file and serve their objection on a local form designated for that purpose as far in advance as possible of the appropriate guardianship hearing date.

Service

Electronic service

Electronic service through the ESP includes an implied warranty by the Registered User that the transmitted document is malware-free to the best of the user's knowledge.

A Registered User’s service of any document through the ESP shall be deemed to include an implied warranty that to the best of the Registered User's knowledge, the transmitted document does not contain malware.

Service

Electronic service

Documents served electronically under the rule are presumed to comply with the Code of Civil Procedure service requirements.

Each document electronically served pursuant to this rule shall be presumed to have been served in compliance with the Code of Civil Procedure.

Service

Electronic service

The effective date of electronic service is governed by California Rules of Court rule 2.251(h).

The effective date of service shall be governed by California Rules of Court, rule 2.251(h).

Applies to

Notices orders and other documents

Service

Electronic service

The court may electronically serve notices, orders, and other documents when complying with the governing rule.

The court may serve notices, orders, and other documents electronically subject to the provisions of this rule.

Applies to

Notice of appearance

No advance service of a notice of remote appearance is required when remote appearances are expressly authorized.

For matters in which remote appearances are expressly allowed pursuant to this policy, the court does not require the advance filing and service of a notice of appearance for remote appearances, including case management conferences and law and motion hearings.

Notice for an ex parte order-shortening application may be provided by telephone.

Notice may be given by telephone.