California Rules of Court Service and Proof of Service Rules

Any paper filed in court must be accompanied by proof that a copy was served on each party required to be served before the filing.

Source text: "Serve and file" means that a paper filed in a court must be accompanied by proof of prior service of a copy of the paper on each party required to be served under the rules in this chapter.

Papers submitted to an assigned judge must be delivered to that judge at a designated court address and be accompanied by proof of prior service; papers are instead submitted to the Chair of the Judicial Council if there is no assigned judge or if the paper is a rule 3.511(a) type.

Source text: "Serve and submit" means that a paper to be submitted to an assigned judge under the rules in this chapter must be submitted to that judge at a designated court address. Every paper so submitted must be accompanied by proof of prior service on each party required to be served under the rules in this chapter. If there is no assigned judge or if the paper is of a type included in rule 3.511(a), the paper must be submitted to the Chair of the Judicial Council.

Proof of service for moving papers must be filed at least five court days before the hearing.

Source text: Proof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing.

Within five days of the ruling, the prevailing party must serve the proposed order using a method that ensures delivery to all other parties by the close of the next business day.

Source text: Unless the parties waive notice or the court orders otherwise, the party prevailing on any motion must, within five days of the ruling, serve by any means authorized by law and reasonably calculated to ensure delivery to the other party or parties no later than the close of the next business day a proposed order for approval as conforming to the court's order.

Electronic filers must furnish one or more electronic service addresses as the court specifies, but only if they have consented to or are required to accept e-service.

Source text: Furnish one or more electronic service addresses, in the manner specified by the court. This only applies when the electronic filer has consented to or is required to accept electronic service.

Electronic filers must immediately notify the court and all parties of any change to their electronic service address, if they have consented to or are required to accept e-service.

Source text: Immediately provide the court and all parties with any change to the electronic filer's electronic service address. This only applies when the electronic filer has consented to or is required to accept electronic service.

Electronic filers who use an electronic filing service provider must supply that provider with the address for receiving documents and immediately report any change to that address.

Source text: If the electronic filer uses an electronic filing service provider, provide the electronic filing service provider with the electronic address at which the filer is to be sent all documents and immediately notify the electronic filing service provider of any change in that address.

Notices sent by mail under Probate Code 1220 must be mailed individually and directly to the entitled person.

Source text: Except as otherwise permitted in the Probate Code, a notice sent by mail under Probate Code section 1220 must be mailed individually and directly to the person entitled to notice.

Notice mailed in care of another is insufficient unless adult with written direction.

Source text: A notice mailed to a person in care of another person is insufficient unless the person entitled to notice is an adult and has directed the party giving notice in writing to send the notice in care of the second person.

Multiple notices mailed to same household must be sent separately.

Source text: Notices mailed to more than one person in the same household must be sent separately to each person.

Notice to persons represented by attorney must be sent per Probate Code 1214.

Source text: If a notice is required or permitted to be given to a person who is represented by an attorney of record in the proceeding, the notice must be sent as required in Probate Code section 1214.

Publication of Notice of Petition to Administer Estate (form DE-121) suffices for instruments filed with petition; other instruments require amended petition and new notice.

Source text: Publication and service of a Notice of Petition to Administer Estate (form DE-121) under Probate Code sections 8110–8125 is sufficient notice of any instrument offered for probate that is filed with, and specifically referred to in, the petition for which notice is given. Any other instrument must be presented in an amended petition, and a new notice must be published and served.

Proofs of service of special notice or waivers must be filed with ex parte applications.

Source text: Proofs of service of special notice or written waivers of special notice must be filed with the application.

Copies of creditor claim allowance or rejection must be served on the creditor and their attorney.

Source text: Serve a copy of the allowance or rejection on the creditor and the creditor’s attorney;

Removed/resigned conservators must deliver final account and settlement petition to successor conservator per Probate Code 1215, unless court dispenses notice.

Source text: A conservator of the estate who has resigned or been removed must deliver a copy of the conservator’s final account and the petition for its settlement with the notice of hearing required by Probate Code section 1460(b)(1) to the successor conservator of the estate in any manner permitted by Probate Code section 1215, unless the court dispenses with that notice.

Conservators must deliver final account and settlement petition to former conservatee and spouse/domestic partner per Probate Code 1215, unless court dispenses notice.

Source text: After termination of a conservatorship, a conservator of the estate must deliver a copy of the conservator’s final account and the petition for its settlement with the notice of hearing required by Probate Code section 1460(b)(1) to the former conservatee and the spouse or domestic partner of the former conservatee in any manner permitted by Probate Code section 1215, unless the court dispenses with that notice.

Resigned/removed guardians must serve final account, settlement petition, and hearing notice on successor guardian unless court dispenses.

Source text: A resigned or removed guardian of the estate must serve a copy of the guardian’s final account or report and the petition for its settlement, with the notice of hearing that must be served on the successor guardian of the estate under Probate Code section 1460(b)(1), unless the court dispenses with such service.

Guardians must serve final account and settlement petition on the minor upon guardianship termination, unless court dispenses.

Source text: In addition to service of notices of hearing required under Probate Code section 1460(b), on termination of the guardianship the guardian of the estate must serve a copy of the guardian’s final account and petition for its settlement on the minor, unless the court dispenses with such service.

Pre-move notice of ward residence change must be mailed 15 days before change, original filed with proof of mailing.

Source text: Unless an emergency requires a shorter period of notice, the guardian of the person must mail copies of a notice of an intended change of the ward’s personal residence to the persons listed below at least 15 days before the date of the proposed change and file the original notice with proof of mailing with the court.

Unless waived, post-move notice must be mailed to specified persons with proof of mailing filed with original.

Source text: Unless waived by the court for good cause to prevent harm to the ward, the guardian, the guardian’s attorney, or an employee of the guardian’s attorney must also mail a copy of the notice to the persons listed below and file a proof of mailing with the original notice.

Pre-move residence change notices must be mailed 15 days before change, original filed with proof of mailing.

Source text: Unless an emergency requires a shorter period of notice, the conservator of the person must mail copies of a notice of an intended change of the conservatee’s personal residence to the persons listed below at least 15 days before the date of the proposed change, and file the original notice with proof of mailing with the court.

Motions to seal under section 5976.5(e) must be served on other parties by close of the next court day after filing.

Source text: The respondent must serve the motion to seal on the other parties not later than the close of the next court day after the motion is filed.

Clerk of transferring court must mail transfer order and notice to petitioner, respondent, counsel, and county behavioral health agencies.

Source text: The clerk of the transferring court must mail notice and a copy of the order to: (A) The petitioner and petitioner’s counsel, if any; (B) A former petitioner to whom the court has assigned notice rights under section 5977(b)(7)(B)(ii), if any; (C) The respondent, the respondent’s counsel, if any, and, with the respondent’s express consent given in writing or orally in court, the respondent’s supporter, if any; (D) The county behavioral health agency of the county in which the petition was filed and the agency’s counsel, if the agency is not the petitioner; (E) The county behavioral health agency in the respondent’s county of residence and the agency’s counsel.

Transferring court clerk must transmit certified copy of transfer order and all case papers to receiving court.

Source text: The clerk of the transferring court must transmit to the clerk of the receiving court a certified copy of the order and all papers on file in the proceeding.

Receiving court must send written notification of receipt to transferring court upon receiving transferred case file.

Source text: When a court receives the case file of a transferred proceeding, the receiving court must send written notification of receipt to the transferring court.

Notice to respondent of report order must be served personally or by alternative method, with proof requirements for non-personal service.

Source text: Before engaging the respondent and preparing a report ordered under section 5977(a)(3)(B), the county agency ordered to file the report and serve notice of that order must give written notice to the respondent by serving the respondent personally or, if personal service is not practicable, by any method reasonably calculated to give the respondent actual notice. Proof of service on the respondent by any method other than personal service must include an explanation why personal service is impracticable and why the alternative method of service used is reasonably calculated to give the respondent actual notice.

County agency must serve notice of extended report deadline within five calendar days of order on form CARE-106.

Source text: If the court grants the county agency additional time to engage the respondent in voluntary treatment and services before filing the report, the county agency must, within five calendar days of the order, serve written notice of the extended report deadline on the respondent, the respondent’s counsel, and the petitioner on form CARE-106 as provided in (d).

Initial appearance notice to respondent must be personal or alternative service, with proof requirements for non-personal service.

Source text: Notice must be served personally on the respondent or, if personal service is not practicable, by any method reasonably calculated to give the respondent actual notice. Proof of service on the respondent by any method other than personal service must include an explanation why personal service is impracticable and why the alternative method of service used is reasonably calculated to give the respondent actual notice.

Post-initial appearance hearing notice to respondent must be personal/alternative service, include form CARE-113, with proof requirements for non-personal service.

Source text: Notice to the respondent must be served personally or, if personal service is not practicable, by any method reasonably calculated to give the respondent actual notice and include a copy of Notice of Respondent’s Rights—CARE Act Proceedings (form CARE-113). Proof of service on the respondent by any method other than personal service must include an explanation why personal service is impracticable and why the alternative method of service used is reasonably calculated to give the respondent actual notice.

Unless personal service is required, notices under Rule 7.2235 may be served by personal service, mail, fax, or electronic methods.

Source text: Unless personal service is required, any notice or other document required by this rule to be served may be served as follows: (1) Personally or by first-class mail, express mail, or overnight delivery on any person; (2) By fax transmission as provided in rule 2.306; or (3) Electronically as provided in Code of Civil Procedure section 1010.6 and rule 2.251.

Order to show cause to join local government entity must be served on the entity in the manner of a summons under CCP 415.10 and 416.50.

Source text: The moving party must serve the order to show cause on the local government entity in the manner of a summons as provided in Code of Civil Procedure sections 415.10 and 416.50.

Clerk must serve order to show cause for non-compliance fines no fewer than 15 calendar days before hearing.

Source text: When a presiding judge or the presiding judge’s designee issues an order to show cause why the county or other local government entity should not be fined for not complying with court orders, as provided in section 5979(b)(2)(A), the clerk must serve the order to show cause on the county or other local government entity and the parties and their counsel no fewer than 15 calendar days before the date set for hearing.

Notices or papers required to be served on a party must be served on the party's attorney of record, if one exists.

Source text: When a notice or other paper is required to be given or served on a party, the notice or paper must be given to or served on the party's attorney of record, if any.

The editable word-processing version of the proposed order sent to the court must also be emailed to all parties in the action.

Source text: A version of the proposed order in an editable word-processing format must also be sent electronically to the court, with a copy of the e-mail and proposed order also being sent to all parties in the action.

An electronic filing may proceed even when the filer does not consent to receive electronic service.

Source text: An electronic filing service provider must allow an electronic filer to proceed with an electronic filing even if the electronic filer does not consent to receive electronic service.

Court may authorize notice by telephone, fax, or e-mail instead of personal delivery for temporary guardianship notice exceptions.

Source text: (3) Changing the required manner of giving notice, including requiring notice by telephone, fax, e-mail, or a combination of these methods, instead of notice by personal delivery to the proposed ward’s parents or to a person with a visitation order.

Notice for temporary conservator appointments may be given via telephone, fax, email, or personal delivery instead of mail.

Source text: Changing the required manner of giving notice, including requiring notice by telephone, fax, e-mail, or personal delivery, or a combination of these methods, instead of or in addition to notice by mail to the proposed conservatee’s spouse or registered domestic partner and relatives.