Sonoma Superior Court Service and Proof of Service Rules

Applies to

Notice of assignment and case management conference

The Notice of Assignment and Case Management Conference must be served with the summons and complaint and any cross-complaint.

A copy of the Notice must be served with the summons and complaint, and with any cross-complaint.

Applies to

Adr packet information

For every complaint, the plaintiff must serve the ADR packet information with the complaint, while the clerk provides the case management conference notice and ADR information.

Upon the filing of every complaint the clerk shall provide to the plaintiff Notice of the Case Management Conference, and information on how to obtain an ADR packet, which plaintiff is required to serve with the complaint.

Applies to

Notice of death

The attorney for a deceased party must promptly serve and file a notice of death with the Court.

When a party to a case dies, the attorney for that party shall promptly serve and file a notice with the Court.

Applies to

Pretrial trial documents

The parties must serve the listed pretrial trial documents on all parties.

By 3:30 p.m. on the sixth (6th) court day before trial or as otherwise ordered by the court, the parties must file the following trial documents listed below with the Civil Clerk’s Office, serve the documents on all parties, and deliver endorsed copies to the chambers of the Assigned Judge the same day.

Deadline

6 court days

Applies to

Jury instructions

The initial proposed jury instructions and verdict forms must be served on all other parties before the first witness is sworn and six court days before trial.

In every jury trial, before the first witness is sworn, six (6) court days prior to the first day of trial, each party must deliver to the judge, and serve upon all other parties, all proposed jury instructions on all applicable law disclosed by the pleadings, and all proposed verdict forms.

Applies to

Jury instructions

Each party must serve additional proposed jury instructions addressing questions of law arising from the evidence but not disclosed by the pleadings on all other parties before closing argument begins.

Before closing argument begins, each party must deliver to the judge and serve upon all other parties any additional proposed jury instructions on questions of law arising from the evidence that were not disclosed by the pleadings.

Applies to

Trial documents

All authorized trial documents filed with or submitted to the court must be served by a means reasonably calculated to assure delivery to all other parties by the earlier of the court-delivery deadline or actual court delivery.

All documents authorized by this rule that a party files with or otherwise submits to the court must be served by a means that is reasonably calculated to assure delivery to all other parties by the earlier of (1) the time when delivery to the court is due under this rule, or (2) the time when the document is actually delivered to the court.

Deadline

5 court days

When a discovery dispute is resolved, the facilitator must notify the court in writing and serve all parties no later than five court days before the law and motion hearing.

In the event a resolution of the discovery dispute is achieved, the facilitator shall notify the Court in writing of the disposition and shall serve a copy on all parties, not later than five (5) court days before the scheduled law and motion hearing date.

If discovery mediation fails, the facilitator must prepare and serve a report on all parties or their counsel of record.

In the event the parties are unable to resolve the discovery dispute with the discovery facilitator, the discovery facilitator shall prepare and serve on all parties or their counsel of record a report which contains the following information:

Applies to

Hearing notice

A moving party must ensure that the opposing party receives timely notice of the assigned hearing date, time, and location.

Moving parties are to ensure that any opposing party receives timely notice of the assigned hearing date.

All warrants must be served by the Sheriff’s Department.

All warrants must be served by the Sheriff’s Department.

Applies to

Opposition

A copy of the opposition papers must be served on the opposing party by personal service, fax, or email by 8:00 a.m. on the day of judicial review.

A copy of the opposition papers shall also be served personally, by fax or e-mail on the opposing party by 8:00 a.m. on the day of judicial review.

Deadline

1 court days

Applies to

Ex parte emergency application

Notice of an ex parte or emergency temporary-family-law application must be given by 10:00 a.m. one court day before review, but the court may waive notice when it is impossible, would frustrate the order's purpose, or would expose a party to immediate irreparable harm.

Notice of the intent to file an ex-parte/emergency request for temporary family law orders must be given to the opposing party or attorney by 10:00 a.m. one court day before the application is scheduled to be reviewed by the assigned judicial officer. This notice requirement can be waived by the court if (1) notice is impossible, or (2) notice would frustrate the very purpose of the order, or (3) immediate and irreparable harm could be suffered if notice were given.

Deadline

1 court days

Applies to

Temporary emergency order application

The complete temporary or emergency order application must be delivered to the opposing party or attorney by 11:00 a.m. one court day before judicial review.

The application, including all declarations, attachments, and documents intended for court review shall be delivered to the opposing party/attorney by 11:00 a.m. one court day before the application is scheduled to be reviewed by the assigned judicial officer.

Applies to

Opposition

Service

Personal service to opposing party

Opposition papers must be served on the opposing party or attorney by personal service, fax, or permitted email by 9:30 a.m. on the day of judicial review.

A copy of the opposition papers shall also be served personally, by fax or e- mail (only if the party is represented by counsel or a self-represented party has consented to email service) on the opposing party or attorney by 9:30 a.m. on the day of judicial review.

Deadline

10 calendar days

Applies to

Declaration

The refusing parties must serve the declaration at least ten days before the compliance hearing.

Ten (10) days prior to the hearing, the refusing party(ies) shall file and serve a declaration itemizing the items refused and the reasons for the refusal.

Deadline

10 calendar days

Applies to

Settlement conference statement

Each party must serve and file the FL-048 settlement conference statement or trial brief at least ten calendar days before the settlement conference.

Each party shall serve and submit Local Form FL-048, Settlement Conference Statement/Trial Brief prior to the conference. The Statement shall be filed ten (10) calendar days prior to the Settlement Conference.

Applies to

Ex parte order

After the judge rules, the applicant must serve a copy of the ex parte order on all parties.

Copies of Orders following Ex Parte review will be returned by eFile, by email, or by fax after 2:30 p.m. on the same day. It is the responsibility of the applicant to serve a copy of the Order on the Ex Parte Application on all parties once the Judge has ruled.

Applies to

Pre conference settlement notice

The parties must notify both the settlement conference coordinator and the panelists of a pre-conference settlement.

The parties shall notify the appropriate Settlement Conference Coordinator AND the panelist(s) of a pre-conference settlement. Failure to comply may result in monetary sanctions being imposed.

Applies to

Non evidentiary hearing

A party appearing remotely at a non-evidentiary proceeding must give informal notice by phone, email, or text to all entitled recipients before the hearing, and need not give the Court advance notice before the hearing date.

3. Any party intending to appear remotely for non-evidentiary proceedings must provide notice to all parties or persons entitled to receive notice before the commencement of the hearing. The notice may be given informally by phone, e-mail, or text. No advance notice to the Court is required before the date of the hearing.

Applies to

Non evidentiary hearing

For specified non-evidentiary civil matters, the Court waives remote-appearance notice, and no Notice of Remote Appearance or order is required, but the appearing party must give informal notice to all entitled recipients before the hearing.

2. The Court waives notice of parties appearing remotely for these matters. Parties do not need to file a Notice of Remote Appearance or obtain an Order Regarding Remote Appearance. The party appearing remotely must provide notice to all parties or persons entitled to receive notice before the commencement of the hearing. The notice may be given informally, including by telephone, e-mail or text message.

Applies to

Plaintiff claim

When requesting and paying for clerk service on a business defendant under Code of Civil Procedure §116.340(a)(1), the plaintiff must identify the defendant's authorized agent for service and address beneath the defendant's name.

If plaintiff requests, and pays for, the clerk to provide service upon defendant(s) pursuant to Code of Civil Procedure §116.340(a)(1) and one or more of the defendants is a business, plaintiff shall include the names(s) and address(es) of the authorized agent(s) for service, identified as such, in parentheses beneath the name of each defendant business.

Applies to

Exhibits

A party permitted to appear remotely must send copies of evidence to all other parties at least 10 days before the small claims hearing or trial.

If an order has been issued in advance of a small claims trial or hearing, to permit a remote appearance the party appearing remotely shall send a copy of any evidence they want the Court to consider to all other parties at least 10 days in advance of the hearing date.

Applies to

Complaint

The plaintiff must serve the Notice of the Case Management Conference and ADR-packet information provided by the clerk with the complaint.

Upon the filing of every complaint the clerk shall provide to the plaintiff Notice of the Case Management Conference, and information on how to obtain an ADR packet, which plaintiff is required to serve with the complaint.

Applies to

Notice of death

When a party dies, that party’s attorney must promptly serve and file a notice of death with the Court.

When a party to a case dies, the attorney for that party shall promptly serve and file a notice with the Court.

Applies to

Notice of assignment and case management conference

The notice of assignment and case management conference must be served with the summons and complaint and with any cross-complaint.

A copy of the Notice must be served with the summons and complaint, and with any cross-complaint.

Applies to

Settlement conference statement

Each party must directly deliver its Settlement Conference Statement to the pro tem panelists no later than five court days before the settlement conference.

No later than five (5) court days before the date set for the settlement conference, each party shall deliver their Settlement Conference Statement directly to the pro tem panelist(s)

Applies to

Trial documents

All documents authorized by the rule must be served by a method reasonably calculated to assure delivery to every other party by the earlier of the court-delivery deadline or actual delivery to the court; permitted methods include personal delivery, fax, email, and electronic transmission no slower than fax.

All documents authorized by this rule that a party files with or otherwise submits to the court must be served by a means that is reasonably calculated to assure delivery to all other parties by the earlier of (1) the time when delivery to the court is due under this rule, or (2) the time when the document is actually delivered to the court. Such means include, but are not limited to, personal delivery, facsimile transmission (fax), email, and other means of electronic transmission that are no slower than fax

Service

Mail to all parties

The judicial assistant must serve the Notice and Order of Appointment of Discovery Facilitator by mail on all parties or their counsel of record.

The judicial assistant shall assign the case to a discovery facilitator and shall serve by mail the “Notice and Order of Appointment of Discovery Facilitator” on all parties or their counsel of record.

Deadline

5 court days

Applies to

Discovery dispute resolution notice

Upon resolving a discovery dispute, the facilitator must notify the court and serve all parties in writing no later than five court days before the scheduled law and motion hearing.

In the event a resolution of the discovery dispute is achieved, the facilitator shall notify the Court in writing of the disposition and shall serve a copy on all parties, not later than five (5) court days before the scheduled law and motion hearing date.

Applies to

Discovery facilitator report

If discovery mediation is unsuccessful, the facilitator must prepare and serve a report containing a dispute summary, any analysis, and a statement about whether the parties met and conferred in good faith.

the discovery facilitator shall prepare and serve on all parties or their counsel of record a report which contains the following information: 1. A brief summary of the dispute and contentions of the parties; 2. Any legal or factual analysis made by the discovery facilitator in connection with their role in attempting to resolve this dispute; 3. A statement indicating whether moving and/or opposing parties met and conferred in good faith.

Applies to

Notice of bankruptcy proceeding

A party or counsel who learns of bankruptcy proceedings that may stay the pending court matter must promptly provide notice as specified by the rule.

Any party or counsel for a party in a matter pending before this court who acquires knowledge of a proceeding in bankruptcy which may cause or impose a stay of proceedings in this court shall promptly give notice of such bankruptcy proceedings as set forth below.

Applies to

Notice of bankruptcy proceeding

The bankruptcy notice must be filed with the court and served on all parties, and must include the latest bankruptcy and stay orders plus an explanation of any stay and its applicability.

The notice required by subdivision (A) above shall be filed with the court. Said notice shall also be served on all parties to the litigation. The subject notice shall include: (a) a copy of the most recent order of the bankruptcy court and of any stay order issued by that court; and (b) An explanation of whether a stay order or an automatic stay is in effect and why the stay applies to the pending litigation, appeal, or writ proceeding.

Applies to

Opposing statement bankruptcy notice

A party disputing the bankruptcy notice documentation or explanation must promptly serve and file an opposing statement addressing all concerns.

Any party disputing the notifying party's documentation or explanation shall promptly serve and file an opposing statement addressing all such concerns.

All notices served under the Demurrer Facilitator Program must comply with Code of Civil Procedure section 1013.

NOTE: CODE OF CIVIL PROCEDURE § 1013 SHALL APPLY TO ALL NOTICES SERVED PURSUANT TO THIS RULE.

Applies to

Notice of appointment of demurrer facilitator

The judicial assistant must appoint a facilitator and serve the appointment notice on all parties or counsel of record by mail or email.

The judicial assistant shall assign the case to a demurrer facilitator and shall serve by mail or email the “Notice and Order of Appointment of Demurrer Facilitator” on all parties or their counsel of record.

Applies to

Pleadings

Upon receiving the facilitator appointment notice, the parties must immediately deliver all pleadings concerning the discovery dispute to the facilitator.

Upon receipt of the “Notice and Order of Appointment of Demurrer Facilitator,” the parties shall forthwith deliver to the demurrer facilitator copies of all pleadings concerning the discovery dispute.

Applies to

Order of examination

Proper proof of service of the Order of Examination must be filed with the clerk before an arrest warrant may issue for the judgment debtor’s failure to appear.

If the party named in the Application and Order for Appearance and Examination fails to appear at the time and place specified in the order, and proper proof of service of the order has been filed with the clerk, a warrant for the arrest of the party may issue.

Applies to

Warrant

All warrants must be served by the Sheriff’s Department.

All warrants must be served by the Sheriff’s Department.

An ex parte application must include proof in a written declaration that notice was given to the opposing party or counsel by 10:00 a.m. on the preceding court day.

Each application must include a written declaration showing that notice of the ex parte application has been given to the opposing party or counsel no later than 10:00 AM the court day before the ex parte [California Rules of Court, Rules 3.1200 - 3.1207].

Deadline

5 calendar days

Applies to

Initial petition

The proof of service for an initial petition must be filed with the clerk at least five days before the hearing.

Proofs of Service for the initial petition shall be filed with the Clerk at least five (5) days prior to the day of hearing.

Deadline

0 calendar days

Applies to

Other papers

All other proofs of service must be filed with the clerk at the same time as the related papers.

Any other Proofs of Service shall be filed with the Clerk contemporaneously with the papers to which they pertain.

Deadline

5 calendar days

Service

Publication

A proof of publication must be filed with the clerk at least five days before the hearing.

Proofs of Publication shall be filed with the Clerk at least five (5) days prior to the day of hearing.

Deadline

2 court days

When a hearing is required, the presenting party must notify all parties entitled to notice of the hearing date and time within two court days after receiving notice, unless the Court orders otherwise.

If a hearing is required, the party presenting the ex parte application will be notified of the date and time of the hearing and that party shall be required to provide notice of the date and time to all parties entitled to notice within two (2) court days thereafter, unless otherwise ordered by the Court.

Deadline

15 calendar days

Applies to

Creditor claim hearing

Service

Personal service to all parties

All parties must receive at least fifteen days’ notice of the hearing on the creditor’s claim.

All parties must receive at least fifteen (15) days’ notice of the hearing.

Applies to

Notice of change of address or other contact information

A change in contact information for a conservator, guardian, conservatee, or ward must be reported by filing and serving the Notice of Change of Address or Other Contact Information on the Probate Court Investigator's Office.

Any time the conservator or guardian or the conservatee or ward has a change of contact information, the Notice of Change of Address or Other Contact Information shall be filed and served on the Office of the Probate Court Investigator.

For qualifying small estates, notice of hearing, the final account and report, and the final-distribution petition must be served on the deceased conservatee’s or ward’s successors.

If the value of the conservatorship/guardianship estate does not exceed the amount determined under Probate Code § 13100 and distribution is intended by affidavit procedure pursuant to Probate Code § 13101, notice of hearing, a copy of the final account and report of the conservator/guardian, and a copy of the petition for final distribution shall be served on the successor(s) of the deceased conservatee/ward.

In all other probate-estate cases, notice of hearing, the final account and report, and the final-distribution petition must be served on the deceased conservatee’s or ward’s estate personal representative.

Notice of hearing, a copy of the final account and report of conservator/guardian, and a copy of the petition for final distribution shall be served on the personal representative of the estate of the deceased conservatee/ward.

Applies to

Petition for compensation

Copies of petitions requesting fees or commissions for extraordinary services in decedents’ estates must be served on all persons entitled to notice of the hearing, except unaffected beneficiaries of specific gifts.

In addition to other papers required to be served, copies of any petitions requesting allowance of fees or commissions for extraordinary services in decedents’ estates shall be served on all persons entitled to receive notice of the hearing on the petition (except beneficiaries of specific gifts whose interests are not affected by the compensation requested).

Deadline

48 hours

Applies to

Temporary release application

A temporary-release application must include a declaration showing that the District Attorney and Sonoma County Sheriff’s Office received at least 48 hours' notice before presentation.

Each application shall include a written declaration showing that notice of the application has been given to the District Attorney and to the Sonoma County Sheriff’s Office not less than forty-eight (48) hours before the application is presented to the Court.

Mental health diversion applications and attached documentation must be served on the Sonoma County District Attorney and the Sonoma County Health Services Department, Behavioral Health Division.

Applications and attached documentation shall be served on the Sonoma County District Attorney and Sonoma County Health Services Department, Behavioral Health Division (Sonoma County

Deadline

10 calendar days

Applies to

Case management conference statement

The Case Management Conference Statement must be served on all parties at least 10 calendar days before the conference.

All parties must complete the Case Management Conference Statement portion of form, FL-092, and have it filed and served on all parties at least 10 calendar days prior to the Case Management Conference.

Applies to

Opposition papers

A copy of the opposition papers must be served on the opposing party personally, by fax, or by email by 8:00 a.m. on the judicial review date.

A copy of the opposition papers shall also be served personally, by fax or e-mail on the opposing party by 8:00 a.m. on the day of judicial review.

Deadline

1 court days

Applies to

Notice of intent to file ex parte emergency application

Notice of intent to seek temporary ex parte or emergency family-law relief must be given to the opposing party or attorney by 10:00 a.m. one court day before judicial review.

Notice of the intent to file an ex-parte/emergency request for temporary family law orders must be given to the opposing party or attorney by 10:00 a.m. one court day before the application is scheduled to be reviewed by the assigned judicial officer.

Applies to

Notice of intent to file ex parte emergency application

The court may waive notice when notice is impossible, would frustrate the order's purpose, or could cause immediate and irreparable harm.

This notice requirement can be waived by the court if (1) notice is impossible, or (2) notice would frustrate the very purpose of the order, or (3) immediate and irreparable harm could be suffered if notice were given.

Deadline

1 court days

The application and supporting documents must be delivered to the opposing party or attorney by 11:00 a.m. one court day before judicial review, except for Domestic Violence Prevention Act requests.

The application, including all declarations, attachments, and documents intended for court review shall be delivered to the opposing party/attorney by 11:00 a.m. one court day before the application is scheduled to be reviewed by the assigned judicial officer. This section shall not apply to requests pursuant to the Domestic Violence Prevention Act per California Rule of Court 5.165.

Applies to

Opposition

Service

Personal service to opposing party

Opposition papers must be served on the opposing party or attorney by personal service, fax, or email by 9:30 a.m. on the day of judicial review; email service is limited to represented parties or self-represented parties who have consented.

A copy of the opposition papers shall also be served personally, by fax or e-mail (only if the party is represented by counsel or a self-represented party has consented to email service) on the opposing party or attorney by 9:30 a.m. on the day of judicial review.

A request to set aside an ex parte or emergency order before the Domestic Calendar hearing requires notice to the moving party in the manner prescribed by Sonoma County Local Rules 9.12 and 9.13.

If a responding party requests an ex parte/emergency order be set aside prior to the date set for hearing on the Domestic Calendar, notice shall be given to the moving party in the same manner as described in Sonoma County Local Rules, Rule 9.12 and 9.13.

Service

Electronic service

Email service on a self-represented party requires that party’s express consent on Judicial Council form EFS-005-CV.

E-mail service is not permitted upon a self-represented party without the party’s express consent on the Judicial Council Consent to Electronic Service and Notice of Electronic Service Address, Judicial Council form EFS-005-CV.

Deadline

7 court days

Applies to

Moving documents

Moving documents must be filed and served at least seven court days before the Family Court Services appointment.

Moving documents must be filed and served on all other parties, or counsel if represented, no less than seven (7) court days before the FCS appointment.

Deadline

5 calendar days

Applies to

Moving documents

Service

Mail

Moving documents served by U.S. Mail must be mailed at least seven court days plus five calendar days before the Family Court Services appointment.

If service is by US Mail, documents must be mailed seven (7) court days plus five (5) calendar days before the FCS appointment.

Applies to

Moving documents

Proof of service is required for the moving-document submission.

Proof of service is required.

Deadline

2 court days

Applies to

Responding documents

Responding documents must be filed and served at least two court days before the Family Court Services appointment.

Responding documents must be filed and served no less than two (2) court days before the FCS appointment.

Deadline

5 calendar days

Applies to

Responding documents

Service

Mail

Responding documents served by U.S. Mail must be mailed at least two court days plus five calendar days before the Family Court Services appointment.

If service is by US Mail, documents must be mailed two (2) court days plus five (5) calendar days before the FCS appointment.

Deadline

10 court days

Applies to

Supplemental pleadings

Supplemental pleadings for review hearings must be served at least ten court days before the Family Court Services appointment.

For review hearings, supplemental pleadings must be served on all other parties, or counsel if represented, no less than ten (10) court days before the FCS appointment.

Deadline

5 calendar days

Applies to

Supplemental pleadings

Service

Mail

Supplemental pleadings served by U.S. Mail must be mailed at least ten court days plus five calendar days before the Family Court Services appointment.

If service is by US mail, documents must be mailed ten (10) court days plus five (5) calendar days before the FCS appointment.

Court documents may not be served or exchanged at Family Court Services.

No court documents shall be served or exchanged at Family Court Services.

Applies to

Complaint

A complaint about appointed minor’s counsel must be written and its original served on the counsel within 20 days after the triggering event or receipt of a written report.

A party or counsel who wishes to lodge a complaint regarding the performance of a minor’s counsel appointed by the Court must do so in writing and serve the original of the complaint on the minor’s counsel no later than 20 days after the event giving rise to the complaint or within 20 days of receiving any written report of the minor’s counsel.

Applies to

Complaint response

Appointed minor’s counsel must serve a written response on the complainant no later than 10 court days after receiving the complaint.

No later than 10 court days after the receipt of the complaint, the minor’s counsel must serve the complainant with a written response to the complaint.

Deadline

15 court days

Service

Court service to all parties

The complainant must serve the complaint and any minor’s counsel response on the supervising family law judge, whose decision must then be served on the complainant and minor’s counsel within 15 court days of receipt.

the complainant must serve a copy of the complaint and the response of the minor’s counsel, if any, on the supervising family law judge whose decision concerning the complaint, which may include removing the minor’s counsel from the panel of minor’s counsel used by the Court, will be final. The decision by the supervising judge must be served on the complainant and minor’s counsel within 15 court days of receipt.

Applies to

Request for order

Service

Mail to agency

When public assistance or local child support enforcement services apply, the Request for Order and supporting documents must be served on the local child support agency simultaneously with service on the opposing party.

A copy of the Request for Order and all supporting documents shall be served on the local child support agency at the same time the papers are served on the opposing party;

Deadline

10 calendar days

Applies to

Pleadings

Declarations, including Income and Expense Declarations, and other pleadings for a review hearing must be served on all other parties at least 10 calendar days before the review date.

any declarations, including Income and Expense Declarations, or other pleadings to be considered by the court shall be filed with the court and served on all other parties no less than ten (10) calendar days before the date the matter is set for review.

Deadline

5 calendar days

Applies to

Reply declaration

Reply declarations for a review hearing must be served on all other parties at least 5 calendar days before the review date.

Any reply declarations shall be filed with the court and served on all other parties no less than five (5) calendar days before the date the matter is set for review.

The Court will serve all parties personally or by mail when setting a settlement conference date.

When setting a settlement conference date, the Court may set a Case Management Conference or Master Calendar date following the settlement conference date. The Court will serve all parties personally or by mail.

Applies to

Settlement conference order

The Court will serve the settlement conference order on all parties personally or by mail.

The court will serve all parties with an order regarding the conference personally or by mail.

Deadline

10 calendar days

Applies to

Settlement conference statement trial brief

Each party's Local Form FL-048 must be served and filed before the settlement conference, with filing due ten calendar days in advance.

Each party shall serve and submit Local Form FL-048, Settlement Conference Statement/Trial Brief prior to the conference. The Statement shall be filed ten (10) calendar days prior to the Settlement Conference.

Applies to

Interim order motion

A party seeking interim custody or parenting-plan orders after the Settlement Conference must use a noticed Request for Order motion and timely serve it on all parties.

At any time following the Settlement Conference, any party may, upon noticed (Request for Order) motion timely served upon all parties, request that the court make interim orders regarding custody and/or parenting plan pending trial.

When an order for posting is granted, only the Family Law Clerk may complete the posting at the courthouse location regularly established for court posting.

If an Order for Posting under California Rules of Court, Rule 5.72(b) is granted, the posting shall be completed only by the Family Law Clerk at the courthouse in the place regularly established for posting by the Court.

After posting is completed, the Family Law Clerk must complete and file the Proof of Service.

The Family Law Clerk shall complete and file the Proof of Service after posting.

Deadline

5 court days

Applies to

Motion

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

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

Deadline

2 court days

Responsive papers must be filed and served, and a courtesy copy delivered to the designated judicial officer, two (2) court days before the hearing.

Any responsive papers shall be filed and served, and a courtesy copy delivered to the designated judicial officer two (2) court days prior to the hearing.

Expert identities and reports, witness names, and trial documents must be made available to all parties at least two weeks before trial unless the court orders otherwise.

The name(s) of any experts to be called by any party and copies of their reports, the names of any witnesses to be called, and copies of any documents to be introduced at the hearing on the merits shall be made available to all parties no later than (2) two weeks prior to the trial date, unless otherwise ordered by the Court.

Applies to

Motion

A noticed motion will not be accepted without an accompanying proof of service.

No noticed motion shall be accepted by the court unless it is accompanied by a proof of service.

Applies to

Motion

Service

Electronic service

Before submitting the moving papers, the moving party must email copies to all counsel, unrepresented parties, and the social worker, with mail permitted for an unrepresented party when no email address is available.

Prior to submitting the moving papers to the court, the moving party must serve by email, copies of the moving papers on all counsel, parties unrepresented by counsel (may be mailed if an e-mail address is unavailable), and the social worker.

Deadline

10 court days

Applies to

Motion

Service

Electronic service

After the matter is calendared, the moving party must email the papers to all counsel, unrepresented parties, and the social worker no later than ten court days before the hearing, using mail only when an unrepresented party lacks an email address.

Upon receipt of the request and executed order placing the matter on calendar, the moving party must serve by e-mail transmission copies of the same on all counsel, parties unrepresented by counsel (may be mailed if an e-mail address is unavailable), and the social worker no later than ten (10) court days prior to the hearing date.

The proof of service must be filed with the court no later than five court days before the hearing.

A proof of service shall be filed with the court no later than five (5) court days prior to the hearing date.

Deadline

5 court days

Opposition papers must be served on all counsel, unrepresented parties, and the social worker no later than five court days before the hearing, with mail permitted for an unrepresented party lacking an email address.

Any opposition to the motion shall be filed and served on all counsel, parties unrepresented by counsel (may be mailed if an e-mail address is unavailable), and the social worker no later than five (5) court days prior to the hearing date.

Deadline

2 court days

Applies to

Reply brief

Service

Email to all parties

A reply to the opposition must be filed and served on counsel, unrepresented parties, and the social worker no later than two court days before the hearing; mail may be used when an email address is unavailable.

E. Any reply to the opposition shall be filed and served on all counsel, parties unrepresented by counsel (may be mailed if an e-mail address is unavailable), and the social worker no later than two (2) court days prior the hearing date.

Deadline

24 hours

Except for temporary restraining orders, a request for an ex parte order requires 24-hour advance notice to all parties by personal service, telephone voicemail, or email.

Anyone requesting an ex parte order, other than temporary restraining orders, must provide 24-hour advanced notice to all parties of such request. Notice shall be provided by either personal service, telephone voicemail, or service by e-mail.

Applies to

Ex parte request

A proof of service form must accompany the ex parte request and be submitted to the clerk of the juvenile department where the action would normally be heard.

A proof of service form must be filed with the ex parte request and submitted to the clerk in the juvenile department where the pending action would normally be heard.

At every hearing, parents’ counsel must provide proof of service on all parties when filing the updated mailing-address form.

Parents’ counsel shall assist the parents in completing and filing with the clerk an updated Judicial Council form Notification of Mailing Address (JV- 140) reflecting any changes in address, and proof of service on all parties.

Counsel remains attorney of record until the court’s signed order is served on the client and all parties and proof of that service is filed with the court.

Counsel is not relieved as attorney of record until the court’s signed order has been served on the client and all parties, and proof of service of such order has been filed with the court.

Applies to

JV-180 petition

Service

Email to all parties

Before submitting a JV-180 petition, the moving party must email the draft petition and supporting documentation to all counsel, unrepresented parties, and the social worker, unless an email address is unavailable and the draft is mailed.

Before the JV-180 is submitted to the court, the moving party must email a draft of the proposed JV-180 with supporting documentation to all counsel, parties unrepresented by counsel, and the social worker. (May be mailed if an email address is unavailable.

Applies to

JV-180 petition

When the original JV-180 petition is submitted, the moving party must serve every party with a complete copy of the petition and notice of its submission to the court.

When the original JV-180 is submitted, the moving party will serve all parties with a complete copy of the JV-180 being submitted and notice of the submission of the JV-180 to the court.

Applies to

Order

After the court grants an agreed JV-180 request, the moving party must serve the endorsed order on all other parties and then file an appropriate proof of that service.

After the court grants the request, the court will file the JV-180 and an endorsed filed copy of the order will be returned to the moving party for service on all other parties. The moving party must subsequently file an appropriate proof of service documenting its service of the order granting the requested modification.

Deadline

2 court days

The moving party must fax the petition denial to all parties within two court days after receiving it and file proof of service, with mailed proof permitted when fax is unavailable.

the moving party will serve the denial on all parties by fax within two (2) court days of receipt and submit an appropriate proof of service to the court. Proof of service may be mailed if a fax number is unavailable.

Deadline

3 court days

Applies to

Opposition

A party opposing the petition hearing must serve and submit its opposition by fax no later than three court days before the initial setting, unless mailing is necessary because fax is unavailable.

Any party opposing the setting of the petition for hearing will serve by fax and submit its opposition to the court no later than three (3) court days before the initial setting. May be mailed if a fax number is unavailable;

Service

Mail

The clerk must create proofs of service for both forms, scan them, make six copies, and certify the specified distribution copies for the warden, prisoner, and sheriff’s office.

The clerk’s office will create proofs of service for both forms, scan the forms, and make six copies. The clerk will certify copies of the order, one for the warden, one for the prisoner, and three for the sheriff’s office.

Service

Mail

The clerk must serve the certified JV-450 and uncertified JV-451 on both the warden and prisoner by U.S. mail.

The clerk will serve both the certified copy of the JV450 and an uncertified copy of the JV451 to both the warden and the prisoner via US mail.

Applies to

Telephone appearance request

Copies of a telephone-appearance request must be served on every party when the request is submitted to the court.

The request shall be submitted to the court with copies served on all parties.

Applies to

Telephone appearance opposition

Copies of opposition to a telephone-appearance request must be served on all parties.

Opposition to the request for appearance by telephone may be made to the court at least three (3) court days before the hearing with copies served on all parties.

Code of Civil Procedure section 1013 applies to every notice served under the Discovery Facilitator Program rule.

NOTE: CODE OF CIVIL PROCEDURE § 1013 SHALL APPLY TO ALL NOTICES SERVED PURSUANT TO THIS RULE.

Service

Personal service to all parties

The court will personally serve or mail notice to all parties regarding the settlement conference date.

The Court will serve all parties personally or by mail.

A judicial-notice request must be submitted in a separate document identifying the specific items, with copies provided to the court and each party and any relevant court-file portion identified in writing.

Any request for judicial notice must be made in a separate document listing the specific items for which notice is requested. A party requesting judicial notice must provide the court and each party with a copy of the material requested to be judicially noticed. If the material is part of a file in the Superior Court of California, County of Sonoma, the party must specify in writing the part of the court file sought to be judicially noticed.

Applies to

Exhibits

The party sending evidence must be prepared to provide proof of sending it if the court requests proof.

The party who sent the evidence must be prepared to provide proof of sending the evidence if the court requests proof.

Applies to

Termination election

A collaborative-law designation is removed upon the specified stipulation or filing and service of a termination election.

The collaborative law case designation will be removed upon stipulation or filing, and service of a termination election as provided in the collaborative law stipulation and order.

Applies to

Supplemental pleadings

Service

Other

Family Court Services staff will not review documents filed or served after the stated deadlines.

Documents filed or served after the time outlined in this paragraph will not be reviewed by the FCS staff.

The ex parte notice requirement does not apply when delay would not be in the child’s best interest, including requests for protective custody warrants and urgent medical or dental procedures.

This notice requirement shall not apply in situations where the delay would not be in the best interest of the child, such as requests for protective custody warrants and urgent medical/dental procedures. In those instances, notice is not required.

Deadline

2 court days

Applies to

Telephone appearance order

The court will serve its written telephone-appearance order on all parties at least two court days before the hearing.

The court will rule on the request for telephone appearance at least two (2) court days before the hearing and issue a written order that will be served on all parties.

Applies to

Trial documents

Permitted service means include personal delivery, fax, email, and electronic transmission methods no slower than fax, but are not limited to those methods.

Such means include, but are not limited to, personal delivery, facsimile transmission (fax), email, and other means of electronic transmission that are no slower than fax

Applies to

Exhibits

Service

Email to court

A party permitted to appear remotely by prior court order may email exhibits to the court at SCtrials@sonomacourt.org.

A party who has been permitted to appear remotely by advance order of the Court, may send the exhibits to the court electronically by e-mail at SCtrials@sonomacourt.org.

Service

Electronic service

Documents may be served by email on the attorney of a represented party.

E-mail delivery is permitted upon the attorney of a represented party.

Service

Court service to all parties

The court will serve notice of the petition hearing on all parties.

The court will serve notice of the hearing on all parties;

In all dependency proceedings, the guardian ad litem must receive the same notice as any party.

In all proceedings, the guardian ad litem shall be given the same notice as any party.

Service

Electronic service

The Court encourages voluntary electronic service in any proceeding before it.

It shall be the policy of the Sonoma County Superior Court to encourage the use of voluntary e-service in connection with any proceedings before the Court.