Trinity Superior Court Service and Proof of Service Rules

CRITICAL

Applies to

Jury instructions

Specially prepared instructions must be shown to opposing counsel.

(2) Specially prepared instructions shall be numbered consecutively and shown to opposing counsel.

CRITICAL

The District Attorney must receive at least two days’ actual notice before the hearing, unless the District Attorney expressly waives the time.

In no event shall hearing on such an application take place following less than two days’ actual notice to the District Attorney, unless time is expressly waived by the District Attorney.

CRITICAL

Service must ensure actual physical receipt by the opposing party or counsel and Family Court Services by noon on the preceding court day, but the counselor may consider untimely served declarations.

Service must be effected in a manner as to ensure actual physical receipt by the opposing party and/or counsel and Family Court Services, not later than noon of the court day preceding the scheduled mediation session. Notwithstanding the foregoing, declarations that are not timely served may be considered at the discretion of the counselor.

CRITICAL

Applies to

Exhibits exhibit lists and witness lists

All exhibits, exhibit lists, and witness lists must be filed with the court and shown to opposing counsel prior to jury selection.

All exhibits, exhibit lists, and witness lists must be filed with the court and shown to opposing counsel prior to jury selection.

CRITICAL

Applies to

Notice of appeal

A declaration proving service of the notice of appeal on the Labor Commissioner must be filed with the appeal papers.

A declaration of proof of service of a copy of the Notice of Appeal upon the Labor Commissioner.

CRITICAL

Deadline

2 court days

Applies to

Notice of continuance or withdrawal

A notice of continuance or withdrawal must be filed with the Court and served on all parties at least two court days before the hearing; proof of service must be attached.

A party seeking to continue a law and motion hearing, or who does not intend to proceed in any matter on the date set, must file with the Court and serve on all parties a notice of continuance or withdrawal of the hearing date, at least two court days before the originally scheduled hearing date. A notice of continuance must contain a declaration by counsel that all parties to the law and motion proceeding have agreed to the continuance, a continued hearing date and time must be set forth, and proof of service must be attached. A notice of withdrawal must have a proof of service attached.

CRITICAL

Applies to

Notice of association of counsel

A notice of association of counsel must be served on all parties, with proof of service attached to the original notice filed with the court.

and must also be served on all parties with a proof of service attached to the original notice filed with the court.

CRITICAL

Applies to

Notice of appeal

The Notice of Appeal must be served on the Labor Commissioner, and a declaration proving that service must be filed.

A declaration of proof of service of a copy of the Notice of Appeal upon the Labor Commissioner.

CRITICAL

Applies to

Notice of status conference

The petitioner must serve the respondent with notice of the status conference date.

At the time that a petition is filed in accordance with these rules, the petitioner shall request the court set a status conference before the judge assigned to the case within fifty (50) days of the date of filing of the petition, and serve notice of the date of the Status Conference on the respondent.

CRITICAL

Papers for the counselor must first be filed with the court and accompanied by proof of service; file-stamped conformed copies must be given to Family Court Services, and service must ensure actual physical receipt by the opposing party or counsel and Family Court Services by noon on the preceding court day, although the counselor may consider untimely declarations.

All papers submitted to the counselor for consideration shall first be filed with the court and must be accompanied by a proof of service upon the opposing party or counsel (with file stamped, conformed copies given to Family Court Services). Service must be effected in a manner as to ensure actual physical receipt by the opposing party and/or counsel and Family Court Services, not later than noon of the court day preceding the scheduled mediation session. Notwithstanding the foregoing, declarations that are not timely served may be considered at the discretion of the counselor.

CRITICAL

Deadline

7 calendar days

Applies to

Record addition or deletion notice

The agency and any other party must serve petitioners with the notice identifying proposed record additions or deletions.

Within seven (7) calendar days of service of petitioners’ proposed document index, the agency and any other party shall prepare and serve on petitioners a notice specifying any documents or items that the agency or party contends should be added to or deleted from the record as proposed by petitioners.

CRITICAL

Service of a sentence-modification motion is timed under California Rule of Court 4.111 unless the court shortens time on written application and good cause.

The request for modification shall be in the form of a noticed motion, the time for filing and service of which shall be as set forth in California Rules of Court, Rule 4.111, absent an order shortening time obtained on written application, and for good cause shown.

CRITICAL

Applies to

Notice collections case

Plaintiff shall serve in accordance with Rule 3.03.

Plaintiff shall serve in accordance with Rule 3.03.

CRITICAL

Deadline

24 hours

Applies to

Expert witness report

Any written expert-witness reports must be disclosed to all parties at least 24 hours before the hearing.

Written reports of expert witnesses, if any, must be disclosed to all parties at least 24 hours in advance of the hearing.

CRITICAL

Service timing for the noticed motion is governed by California Rules of Court, Rule 4.111 unless the court shortens time on written application and good cause.

the time for filing and service of which shall be as set forth in California Rules of Court, Rule 4.111, absent an order shortening time obtained on written application, and for good cause shown.

CRITICAL

Petitioners must prepare and serve all parties with their detailed proposed-record index within forty calendar days after service of their election notice.

Within forty (40) calendar days after service of petitioners’ notice of election 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.

CRITICAL

Applies to

Notice collections case

Plaintiff shall serve in accordance with Rule 3.03.

Plaintiff shall serve in accordance with Rule 3.03.

CRITICAL

Notice to the prosecuting agency and County Counsel is unnecessary when the stated custody or voluntary-appearance conditions are met within the specified period; otherwise, the moving party must give at least 10 days’ prior written notice and file proof of notice.

Notice of request to set aside forfeiture. The prosecuting agency and County Counsel need not be given notice of an order setting aside a forfeiture of bail pursuant to Penal Code §1305(c)(1) provided the following determinations and assessments are made: (a) The defendant has been delivered into the custody of the Trinity County Sheriff or the defendant appears voluntarily in court; and (b) The defendant was delivered into the custody of the Trinity County Sheriff or appeared voluntarily in court within 180 days after entry in the minutes or mailing of the Notice of Forfeiture, together with such additional time as the court may have previously ordered pursuant to its authority under Penal Code §1305(e) or §1305.4; and (c) In all other cases of a motion to set aside forfeiture, the prosecuting agency and County Counsel shall be given at least 10 days’ prior written notice by the moving party pursuant to Penal Code §1305(k), and proof of such notice shall be filed with the court.

CRITICAL

Applies to

Preliminary administrative record notification

Service

Personal service

The public agency must personally serve its preliminary administrative-record notification on petitioners.

Within twenty (20) calendar days after receipt of the request to prepare the administrative record, the public agency responsible for the preparation shall personally serve on petitioners a preliminary notification of the estimated cost of preparation, including the agency’s normal cost per page, any other reasonable costs the agency may anticipate, and an estimate of the probable number of pages.

CRITICAL

The Notice of Hearing must also be served on the prosecuting agency and County Counsel in compliance with California Rules of Court, Rule 4.111.

A Notice of Hearing pursuant to Penal Code §1298 shall be filed. It shall also be served on the prosecuting agency and County Counsel. Compliance with the notice provisions of California Rules of Court, Rule 4.111 is required.

CRITICAL

Deadline

5 calendar days

At least five calendar days before filing, the petitioner must serve or attempt to serve the petition personally or by first-class mail on the listed recipients; an order shortening time requires good cause based on exceptional circumstances.

At least five calendar days before the petition is filed with the court, petitioner shall personally or by first class mail serve, or attempt to serve, a copy of the petition on the following: county counsel, district attorney, child, attorney of record for child, parent or guardian of a child under the age of 18, probation department, and child welfare services program. Requests for Orders Shortening Time will only be granted upon a showing a good cause based upon exceptional circumstances.

CRITICAL

Jury instructions covering the law disclosed by the pleadings must be served on all other parties by 12:00 p.m. on the first day of trial, unless the trial judge orders otherwise or grants an order for good cause.

(1) Absent an order of the trial judge on good cause shown, or as otherwise directed by the trial judge, all jury instructions covering the law as disclosed by the pleadings shall be delivered in writing to the trial judge no later than 12:00 p.m. on the first day of trial and shall be served on all other parties by that time.

CRITICAL

Applies to

Petition

Serve a copy of the petition with each hearing notice served on a person requesting special notice or when the petition is a testamentary trustee’s accounting.

A copy of the petition shall be served with each notice of hearing when served on a person requesting special notice or where the petition is the accounting of a testamentary trustee.

CRITICAL

The evaluator must serve the report at least 10 days before the child-custody hearing on the parties or their attorneys and any appointed counsel for the child.

At least 10 days before the hearing regarding custody of the child, the evaluator shall file the report and serve it on the parties or their attorneys, and any counsel appointed for the child pursuant to Family Code §3150.

CRITICAL

Deadline

40 calendar days

Applies to

Proposed document index

Within forty (40) calendar days of service of the notice of the request 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.

Within forty (40) calendar days of service of the notice of the request 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.

CRITICAL

Unusual motions, including complex or extensive motions in limine, must be served on opposing counsel.

Motions that are out of the ordinary or unusual (e.g. complex or extensive motions in limine) shall be made in writing, served upon opposing counsel, and filed at or before the final pretrial conference.

CRITICAL

Deadline

7 calendar days

Within seven calendar days after service of the agency’s proposed index, petitioners and other parties must serve a notice identifying proposed additions to or deletions from the record.

Within seven (7) calendar days after service of the agency’s proposed documents index, petitioners and any other parties shall prepare and serve the agency and all parties with a notice specifying any documents or items that a party contends should be added to or deleted from the record.

CRITICAL

Deadline

24 hours

If the parties cannot resolve the issues, each party must give other counsel the anticipated witnesses’ names and addresses orally or in writing at least 24 hours before the hearing, except confidential foster-parent addresses need not be disclosed; noncompliance may result in witness preclusion.

If the parties are unable to resolve the issues, each party shall advise the other counsel orally or in writing not later than 24 hours prior to the scheduled hearing of the names and addressed of each anticipated witness (addresses of confidential foster parents need not be disclosed). Failure to comply may be cause for preclusion of the witness from testifying.

CRITICAL

Applies to

Notice of hearing and petition

When requesting fees or commissions other than those computed under Probate Code §§10800 and 10810, the fiduciary or attorney must serve all interested parties with the hearing notice and petition.

Where the fiduciary or attorney is requesting fees or commissions other than those computed by Probate Code §10800 and §10810, the notice of hearing and a copy of the petition shall be served on all interested parties.

CRITICAL

Service

Mail

An affidavit documenting mailing to the creditor must be filed with the original notice of rejection.

the original of the notice or rejection with affidavit of mailing to the creditor must be filed.

CRITICAL

The defense must notify the prosecuting agency before requesting bail or O.R. so a representative can be present.

No defense request for bail or O.R. may be made without prior notification to the prosecuting agency, to allow a representative to be present.

CRITICAL

Applies to

Administrative record

Service

Personal service to all parties

After certification, petitioners must personally serve the administrative record.

After certification, petitioners shall then personally serve the record and lodge it with the Court no later than sixty (60) days after service of the notice of election to prepare the record.

CRITICAL

Applies to

Status conference notice

The petitioner must serve the respondent with notice of the status conference date.

At the time that a petition is filed in accordance with these rules, the petitioner shall request the court set a status conference before the judge assigned to the case within fifty (50) days of the date of filing of the petition, and serve notice of the date of the Status Conference on the respondent.

CRITICAL

Notice of a bail-forfeiture set-aside order is unnecessary if the specified custody or voluntary-appearance conditions are met within the stated period; otherwise, the moving party must give at least 10 days’ prior written notice and file proof of notice.

The prosecuting agency and County Counsel need not be given notice of an order setting aside a forfeiture of bail pursuant to Penal Code §1305(c)(1) provided the following determinations and assessments are made: (a) The defendant has been delivered into the custody of the Trinity County Sheriff or the defendant appears voluntarily in court; and (b) The defendant was delivered into the custody of the Trinity County Sheriff or appeared voluntarily in court within 180 days after entry in the minutes or mailing of the Notice of Forfeiture, together with such additional time as the court may have previously ordered pursuant to its authority under Penal Code §1305(e) or §1305.4; and (c) In all other cases of a motion to set aside forfeiture, the prosecuting agency and County Counsel shall be given at least 10 days’ prior written notice by the moving party pursuant to Penal Code §1305(k), and proof of such notice shall be filed with the court.

CRITICAL

Applies to

Verified memorandum of costs

Before seeking judgment for costs awarded on appeal, a party must timely file and serve a verified memorandum of costs under California Rules of Court, Rule 8.278.

A party seeking judgment for costs awarded on appeal shall submit a separate Judgment Re Costs/Fees on Appeal for signature, following timely filing and service of a verified memorandum of costs pursuant to California Rules of Court, Rule 8.278.

CRITICAL

Applies to

Notice of association of counsel

The notice of association of counsel must be served on all parties, and proof of service must be attached to the original notice filed with the court.

A notice of association of counsel must include the name, address, phone number, and bar number of at least one associating attorney, and must also be served on all parties with a proof of service attached to the original notice filed with the court.

CRITICAL

A moving party seeking to toll or extend the 180-day period must give the prosecuting agency and County Counsel at least 10 days’ prior written notice and file proof of notice.

In all cases wherein a moving party requests that the 180-day period be tolled pursuant to Penal Code §1305(e), or extended pursuant to Penal Code §1305.4, the moving party shall give to the prosecuting agency and County Counsel at least 10 days’ prior written notice of the motion pursuant to Penal Code §1305(k), and proof of such notice shall be filed with the court.

CRITICAL

Applies to

Jury instructions

Jury instructions covering the law disclosed by the pleadings must be served on all other parties by noon on the first day of trial, unless the trial judge orders otherwise or good cause is shown.

(1) Absent an order of the trial judge on good cause shown, or as otherwise directed by the trial judge, all jury instructions covering the law as disclosed by the pleadings shall be delivered in writing to the trial judge no later than 12:00 p.m. on the first day of trial and shall be served on all other parties by that time.

CRITICAL

The evaluator must serve the report on the parties or their attorneys and any appointed counsel for the child at least 10 days before the child-custody hearing.

At least 10 days before the hearing regarding custody of the child, the evaluator shall file the report and serve it on the parties or their attorneys, and any counsel appointed for the child pursuant to Family Code §3150.

CRITICAL

For a motion to toll or extend the 180-day period, the moving party must give the prosecuting agency and County Counsel at least 10 days’ prior written notice and file proof of that notice with the court.

In all cases wherein a moving party requests that the 180-day period be tolled pursuant to Penal Code §1305(e), or extended pursuant to Penal Code §1305.4, the moving party shall give to the prosecuting agency and County Counsel at least 10 days’ prior written notice of the motion pursuant to Penal Code §1305(k), and proof of such notice shall be filed with the court.

CRITICAL

Applies to

Administrative record index

Petitioners must serve all parties with a detailed index listing the documents they propose for the administrative record.

Within forty (40) calendar days after service of petitioners’ notice of election 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.

CRITICAL

Applies to

Motion

Unusual or out-of-the-ordinary motions must be served on opposing counsel by the final pretrial conference.

Motions that are out of the ordinary or unusual (e.g. complex or extensive motions in limine) shall be made in writing, served upon opposing counsel, and filed at or before the final pretrial conference.

CRITICAL

Deadline

7 calendar days

Applies to

Record additions or deletions notice

Within seven calendar days after service of petitioners’ proposed index, the agency and any other party must prepare and serve petitioners a notice identifying proposed additions or deletions to the record.

Within seven (7) calendar days of service of petitioners’ proposed document index, the agency and any other party shall prepare and serve on petitioners a notice specifying any documents or items that the agency or party contends should be added to or deleted from the record as proposed by petitioners.

CRITICAL

Deadline

5 calendar days

At least five calendar days before filing, the petitioner must personally or by first-class mail serve or attempt to serve the petition on the listed recipients.

At least five calendar days before the petition is filed with the court, petitioner shall personally or by first class mail serve, or attempt to serve, a copy of the petition on the following: county counsel, district attorney, child, attorney of record for child, parent or guardian of a child under the age of 18, probation department, and child welfare services program.

CRITICAL

Deadline

24 hours

Service

Personal service to agency

The declaration or offer of proof must be personally served on the prosecuting agency no later than 24 hours before the hearing.

The declaration or offer of proof shall be filed and personally served on the prosecuting agency, not later than twenty-four (24) hours before the hearing.

CRITICAL

Applies to

Notice of hearing

The Notice of Hearing for a real property bond must be served on the prosecuting agency and County Counsel.

A Notice of Hearing pursuant to Penal Code §1298 shall be filed. It shall also be served on the prosecuting agency and County Counsel.

CRITICAL

Applies to

Notice of hearing

When a fiduciary or attorney requests fees or commissions other than those computed under Probate Code §§10800 and 10810, the notice of hearing and petition must be served on all interested parties.

Where the fiduciary or attorney is requesting fees or commissions other than those computed by Probate Code §10800 and §10810, the notice of hearing and a copy of the petition shall be served on all interested parties.

CRITICAL

Applies to

Preliminary notification

Service

Personal service

Within 20 calendar days after receiving petitioners’ election notice, the agency must personally serve petitioners with a preliminary notification containing the specified record-location, contact-person, and inspection information.

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 the location of documents that are anticipated to be incorporated into the administrative record; the contact person or persons responsible for identifying individuals having custody of those documents, whether agency personnel or other persons; and a list of dates and times specifying when, during normal business hours, those documents will be made available to petitioners or other parties for inspection and copying.

CRITICAL

The defense must notify the prosecuting agency before making a bail or own-recognizance request so that a representative can be present.

No defense request for bail or O.R. may be made without prior notification to the prosecuting agency, to allow a representative to be present.

CRITICAL

agency shall prepare and serve on all parties a detailed index listing the documents proposed by the agency to constitute the record together with a supplemental estimated cost of preparation.

agency shall prepare and serve on all parties a detailed index listing the documents proposed by the agency to constitute the record together with a supplemental estimated cost of preparation.

CRITICAL

Applies to

Administrative record

Service

Personal service to all parties

When the agency prepares the record, it must personally serve it as well as lodge it with the court.

If the agency has prepared the record, it shall make the required certification and shall personally serve the record and lodge it with the court no later than sixty (60) days after the request.

CRITICAL

Deadline

2 court days

Applies to

Notice of continuance or withdrawal

A party seeking to continue a law and motion hearing, or who does not intend to proceed in any matter on the date set, must file with the Court and serve on all parties a notice of continuance or withdrawal of the hearing date, at least two court days before the originally scheduled hearing date. A notice of continuance must contain a declaration by counsel that all parties to the law and motion proceeding have agreed to the continuance, a continued hearing date and time must be set forth, and proof of service must be attached. A notice of withdrawal must have a proof of service attached.

A party seeking to continue a law and motion hearing, or who does not intend to proceed in any matter on the date set, must file with the Court and serve on all parties a notice of continuance or withdrawal of the hearing date, at least two court days before the originally scheduled hearing date. A notice of continuance must contain a declaration by counsel that all parties to the law and motion proceeding have agreed to the continuance, a continued hearing date and time must be set forth, and proof of service must be attached. A notice of withdrawal must have a proof of service attached.

CRITICAL

Deadline

24 hours

Service

Personal service to opposing party

The declaration or offer of proof must be personally served on the prosecuting agency no later than 24 hours before the hearing.

The declaration or offer of proof shall be filed and personally served on the prosecuting agency, not later than twenty-four (24) hours before the hearing.

CRITICAL

Deadline

24 hours

Applies to

Expert witness report

Any written expert-witness reports must be disclosed to all parties at least 24 hours before the hearing.

Written reports of expert witnesses, if any, must be disclosed to all parties at least 24 hours in advance of the hearing.

CRITICAL

Deadline

24 hours

If the parties cannot resolve the issues, each party must give other counsel the names and addresses of anticipated witnesses at least 24 hours before the hearing, except that confidential foster-parent addresses need not be disclosed; noncompliance may result in witness preclusion.

If the parties are unable to resolve the issues, each party shall advise the other counsel orally or in writing not later than 24 hours prior to the scheduled hearing of the names and addressed of each anticipated witness (addresses of confidential foster parents need not be disclosed). Failure to comply may be cause for preclusion of the witness from testifying.

CRITICAL

Service

Personal service

Within 20 calendar days after receiving the record-preparation request, the agency must personally serve petitioners a preliminary cost and record-access notification containing the specified estimates, document locations, contacts, and inspection dates and times.

Within twenty (20) calendar days after receipt of the request to prepare the administrative record, the public agency responsible for the preparation shall personally serve on petitioners a preliminary notification of the estimated cost of preparation, including the agency’s normal cost per page, any other reasonable costs the agency may anticipate, and an estimate of the probable number of pages. The preliminary notification shall also state, to the extent that the information is known to the agency, the location of documents that are anticipated to be incorporated into the administrative record; the contact person or persons responsible for identifying individuals having custody of those documents, whether agency personnel or other persons; and a list of dates and times specifying when, during normal business hours, those documents will be made available to petitioners or other parties for inspection.

CRITICAL

Applies to

Notice

The notice identifying proposed additions to or deletions from the record must be served on the agency and all parties.

Within seven (7) calendar days after service of the agency’s proposed documents index, petitioners and any other parties shall prepare and serve the agency and all parties with a notice specifying any documents or items that a party contends should be added to or deleted from the record.

CRITICAL

Applies to

Verified memorandum of costs

A verified memorandum of costs must be timely filed and served before the separate judgment for appellate costs is submitted.

A party seeking judgment for costs awarded on appeal shall submit a separate Judgment Re Costs/Fees on Appeal for signature, following timely filing and service of a verified memorandum of costs pursuant to California Rules of Court, Rule 8.278.

CRITICAL

Applies to

Exhibits lists and witness lists

Exhibits, exhibit lists, and witness lists must be shown to opposing counsel before jury selection.

All exhibits, exhibit lists, and witness lists must be filed with the court and shown to opposing counsel prior to jury selection.

CRITICAL

Specially prepared jury instructions must be shown to opposing counsel.

(2) Specially prepared instructions shall be numbered consecutively and shown to opposing counsel.

CRITICAL

Service

Personal service to opposing party

Within twenty calendar days after receiving petitioners’ election notice, the agency must personally serve petitioners with a preliminary notification containing the specified location, contact, and inspection information.

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 the location of documents that are anticipated to be incorporated into the administrative record; the contact person or persons responsible for identifying individuals having custody of those documents, whether agency personnel or other persons; and a list of dates and times specifying when, during normal business hours, those documents will be made available to petitioners or other parties for inspection and copying.

CRITICAL

The proof of service must show service of both the petition copy and the hearing notice.

The proof of service shall show service of the copy of the petition as well as the notice of hearing.

CRITICAL

Deadline

40 calendar days

Applies to

Detailed proposed record index

Petitioners must serve the detailed proposed-record index on all parties.

Within forty (40) calendar days of service of the notice of the request 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.

CRITICAL

Applies to

Notice of hearing

A copy of the petition must accompany each notice of hearing served on a person requesting special notice or when the petition is a testamentary trustee’s accounting.

A copy of the petition shall be served with each notice of hearing when served on a person requesting special notice or where the petition is the accounting of a testamentary trustee.

CRITICAL

A sentence-modification hearing requires at least two days’ actual notice to the District Attorney unless the District Attorney expressly waives the time.

In no event shall hearing on such an application take place following less than two days’ actual notice to the District Attorney, unless time is expressly waived by the District Attorney.

CRITICAL

The proof of service must show service of both the petition and the notice of hearing.

The proof of service shall show service of the copy of the petition as well as the notice of hearing.

WARNING

Applies to

Formal resolution offer

The prosecution should deliver a formal resolution offer to defense counsel before the day of the pretrial conference.

(B) Prosecution should deliver to defense counsel a formal offer for resolution prior to the day of the pretrial conference.

WARNING

As an expected case-resolution milestone, the preliminary declaration of disclosure should be served within 60 days after the petition is filed.

(3) The preliminary declaration of disclosure should be served within 60 days of the filing of the petition; and

WARNING

The prosecution should deliver a formal resolution offer to defense counsel before the day of the pretrial conference.

Prosecution should deliver to defense counsel a formal offer for resolution prior to the day of the pretrial conference.

WARNING

An original environmental document may be lodged in the record only if exact copies are provided to all parties.

The original of an environmental document may be lodged as part of the administrative record provided that exact copies of the original are provided to all parties in the action.

WARNING

Applies to

Mediation invitation notice

Service

Mail to all parties

The clerk must mail the mediation invitation notice to the parties.

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

WARNING

Applies to

Environmental document

An original environmental document may be lodged if exact copies are provided to every party.

The original of an environmental document may be lodged as part of the administrative record provided that exact copies of the original are provided to all parties in the action.

WARNING

Any party not in agreement with the information or estimates given in the At-Issue Memorandum may, within ten (10) days after service of the At-Issue Memorandum, file and serve a Counter At-Issue Memorandum.

Any party not in agreement with the information or estimates given in the At-Issue Memorandum may, within ten (10) days after service of the At-Issue Memorandum, file and serve a Counter At-Issue Memorandum.

WARNING

Applies to

Counter at issue memorandum

A party disputing information or estimates in an At-Issue Memorandum may serve a Counter At-Issue Memorandum within 10 days after service.

Any party not in agreement with the information or estimates given in the At-Issue Memorandum may, within ten (10) days after service of the At-Issue Memorandum, file and serve a Counter At-Issue Memorandum.

WARNING

Applies to

Preliminary declaration of disclosure

The preliminary declaration of disclosure should be served within 60 days of the filing of the petition; and

The preliminary declaration of disclosure should be served within 60 days of the filing of the petition; and

WARNING

Service

Mail to all parties

The clerk must mail the mediation invitation notice to the parties.

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

WARNING

Applies to

Opposition papers

Failure to serve or file papers in opposition to a motion or other application to the court for an order, other than an ex-parte application, may, in the court’s discretion, be deemed a waiver of any objections and an admission that the motion or other application is meritorious. Notwithstanding the foregoing, in any matter in which the opposition is based upon a factual dispute, only, as distinguished from a disputed legal issue, opposition papers shall not be required.

Failure to serve or file papers in opposition to a motion or other application to the court for an order, other than an ex-parte application, may, in the court’s discretion, be deemed a waiver of any objections and an admission that the motion or other application is meritorious. Notwithstanding the foregoing, in any matter in which the opposition is based upon a factual dispute, only, as distinguished from a disputed legal issue, opposition papers shall not be required.

WARNING

Applies to

Opposition or other application

Failure to serve or file opposition papers may, in the court’s discretion, waive objections and admit merit, except that opposition papers are not required when the opposition rests only on a factual dispute.

(B) Failure to serve or file papers in opposition to a motion or other application to the court for an order, other than an ex-parte application, may, in the court’s discretion, be deemed a waiver of any objections and an admission that the motion or other application is meritorious. Notwithstanding the foregoing, in any matter in which the opposition is based upon a factual dispute, only, as distinguished from a disputed legal issue, opposition papers shall not be required.