Tulare Superior Court Service and Proof of Service Rules

Applies to

Notice of cmc

Plaintiff must serve each defendant with notice of the case management conference together with the summons and complaint.

Plaintiff must serve notice of the CMC hearing on each defendant with the summons and complaint.

Deadline

15 calendar days

Applies to

Case management conference statement

Each party must serve the CMC statement on all other parties no later than 15 calendar days before the hearing.

Each party must file and serve a CMC statement on Judicial Council form CM-110 no later than 15 calendar days before the CMC hearing under California Rules of Court, rule 3.725 and Local Rule 600(a)(6).

Applies to

Notice of cmc

Plaintiff must serve the Notice of CMC on all defendants with the summons and complaint when the complaint is filed.

At the time the complaint is filed, the clerk will issue a hearing date for the Case Management Conference (CMC) to plaintiff that is no less than 120 days after the filing of the complaint. Plaintiff must serve a Notice of CMC along with the summons and complaint.

Applies to

Notice of cmc

A party filing a cross-complaint before the CMC must serve each new cross-defendant with the Notice of CMC, summons, and cross-complaint.

Any party who files and serves a cross-complaint prior to the CMC must serve on each cross-defendant who is a new party to the action, a copy of the Notice of CMC along with the summons and cross-complaint.

A new cross-defendant served after the initial CMC must receive notice of all pending and court-set dates and orders from the CMC.

If a new cross-defendant is served after the initial CMC, the cross-complainant must serve the new cross- defendant with notice of any pending CMC, any assigned mediation date, trial, or settlement conference dates, and any other dates set by the court, or orders made at the CMC.

A newly added or fictitiously named defendant served after the initial CMC must receive notice of all pending and court-set dates and CMC orders.

If the plaintiff adds a new defendant or identifies a fictitiously named defendant after the initial CMC, along with the summons and complaint, plaintiff must serve the newly named defendant with notice of any pending CMC, any pending mediation date, any assigned trial and settlement conference dates, and any other dates set by the court, or orders made at the CMC.

Deadline

60 calendar days

Applies to

Notice of cmc

Proof of service of the Notice of CMC must be filed within 60 days after the complaint is filed and may be combined with the proof of service for the summons, complaint, or cross-complaint.

Proof of service of Notice of the CMC must be filed with the court within 60 days from the date the complaint is filed and may be included in the proof of service of the summons and complaint or cross-complaint.

Deadline

15 calendar days

Applies to

Case management conference statement

Each party must serve its CMC statement on every other party no later than 15 calendar days before the CMC hearing.

Under California Rules of Court, rule 3.725, no later than 15 calendar days before the date set for the CMC, each party must file a CMC statement and serve it on all other parties in the case.

Applies to

Brief

An appellate brief will not be accepted for filing without proof of service on the parties entitled to service.

No appellate brief will be accepted for filing by the clerk unless accompanied by proof of service upon the parties entitled to service under California Rules of Court, rules 8.25, 8.882, and 8.927.

Applies to

Writ petition

All matters, including emergency appellate writs, must be submitted to the court administrator with proof of service and notice that immediate attention is required.

All matters, including writs that require emergency action by the appellate division, must be submitted to the court administrator in Room 201 of the Visalia courthouse with proof of service, informing the court staff that it requires immediate attention.

Applies to

Written order

An endorsed copy of every judge-signed written order must be served on the parties entitled to notice.

All written orders signed by a judge, including orders to show cause, temporary restraining orders, and injunctions, must be filed forthwith; and an endorsed copy must be served upon the parties to be notified thereof.

Applies to

Notice of cmc

Plaintiff must serve each defendant with the Notice of Case Management Conference together with the summons and complaint.

At the time the complaint is filed, the clerk will issue a hearing date for the Case Management Conference (CMC) to plaintiff that is no less than 120 days after the filing of the complaint. Plaintiff must serve a Notice of CMC on each defendant along with the summons and complaint.

Applies to

Notice of cmc

A party filing a cross-complaint must provide a new cross-defendant with the CMC notice and related court, mediation, trial, and conference dates, using the form of notice appropriate to whether service occurs before or after the initial CMC.

Any party who files and serves a cross-complaint prior to the CMC must serve on each cross-defendant who is a new party to the action, a copy of the Notice of CMC along with the summons and cross-complaint. If a new cross-defendant is served after the initial CMC, the cross-complainant must serve the new cross- defendant with notice of any pending CMC, any assigned mediation date, trial, or settlement conference dates, and any other dates set by the court or orders made at the CMC.

Applies to

Notice of cmc

When plaintiff adds or fictitiously names a defendant after the initial CMC, plaintiff must serve the new defendant with the summons, complaint, and notice of all specified pending and assigned dates.

If the plaintiff adds a new defendant or identifies a fictitiously named defendant after the initial CMC, along with the summons and complaint, plaintiff must serve the newly named defendant with notice of any pending CMC, any pending mediation date, any assigned trial and settlement conference dates, and any other dates set by the court or orders made at the CMC.

Deadline

60 calendar days

Applies to

Proof of service

Proof of service of the CMC Notice must be filed within 60 days after the complaint is filed, and it may be included with the proof of service for the summons and complaint or cross-complaint.

Proof of service of Notice of the CMC must be filed with the court within 60 days from the date the complaint is filed and may be included in the proof of service of the summons and complaint or cross-complaint.

Deadline

15 calendar days

Applies to

Case management statement

Each party must serve its CMC statement on every other party no later than 15 calendar days before the CMC.

Under California Rules of Court, rule 3.725, no later than 15 calendar days before the date set for the CMC, each party must file a CMC statement and serve it on all other parties in the case.

Deadline

60 calendar days

Applies to

Complaint

The complaint must be served, and proof of service for each named defendant must be filed, within 60 calendar days after filing.

within 60 calendar days of filing, the complaint must be served and a proof of service as to each named defendant filed with the court

Deadline

5 court days

Applies to

Settlement conference statement

Each party's counsel must deliver a written settlement-conference statement to the civil calendar clerk and all other counsel at least five court days before the conference.

Counsel for each party must comply with California Rules of Court, rule 3.1380, and deliver to the civil calendar clerk and all other counsel, no later than 5 court days prior to the conference, a written statement including:

Deadline

5 court days

Applies to

Pretrial motion

In cases estimated for five or more trial days, counsel must file and serve all anticipated pretrial or intrial motions at least five court days before trial.

In cases estimated for five or more days of trial, counsel must file and serve at least five court days prior to trial date, all motions expected to be made prior to trial or during trial.

Applies to

Order shortening time application

Counsel must notify opposing counsel of an ex parte order-shortening hearing, serve the papers when possible, and provide proof of notice or service in the declaration.

Because applications for orders shortening time are made ex parte, counsel must notice opposing counsel of the ex parte hearing, and serve him or her with the papers when possible, and provide proof of that notice and/or service in their declaration (Cal. Rules of Court, rule 3.1200-3.1207).

Applies to

Modification of sentence or probation

Opposing counsel must receive at least 10 days' notice of an application to modify a sentence or probation term before the hearing.

Notice of such application must be given to the opposing counsel at least 10 days prior to the hearing date.

A party filing an objection to the Department’s report must simultaneously serve the Request for Order on both the Department and the opposing party.

The objecting party shall simultaneously serve a copy of the Request for Order objecting to the report on the Department and the opposing party.

A party subject to Rule 917 must serve the other party with specified tax returns, income records, partnership Schedules K-1, entity financial statements, and loan applications or financial statements, but need not file those documents with the court.

In addition to the fully-completed Income and Expense Declaration required by CRC 5.92, a party subject to this Rule must serve on the other party, but need not file with the court, the following documents: (1) Copies of tax returns for the immediately preceding year (state and federal). (2) Copies of all records reflecting income (whether the income has been received or not) since the last tax return, including but not limited to bank statements and cash application (such as Zelle, Venmo, and similar cash apps) records of transactions. 55 (Revised 07/01/2026) ===== PAGE 56 ===== (3) Copies of partnership Schedule K-1’s filed within the last three years by any partnership in which either party has any interest. (4) Copies of financial statements received by either party regarding any legal entity in which either party had an interest during the last three years. (5) Copies of all loan applications or financial statements submitted to financial institution(s) within the last three years, whether or not a loan was obtained.

If a required Rule 917 financial document is unavailable or does not exist, the producing party must file and serve a declaration under penalty of perjury identifying the unavailable document or category and explaining why it is unavailable.

If any of the above-listed documents are not available to the producing party (i.e., they are in the possession and control of the other party) or no such documents exist, the producing party must file and serve a declaration under penalty of perjury specifying the unavailable category or document and the reason for its unavailability.

Service

Mail

When the case-opening and income-information conditions are met, the Department must mail its report to the parties or attorneys within 120 days after referral.

If the case is opened with the Department within 60 days of the referral and the required income information is received within 30 days of the case opening, the report of the Department shall be mailed to the parties or their attorneys within 120 days from the date of the referral.

Applies to

Complaint

A written evaluator complaint must be served on all parties, with proof of service required.

A party to the action may present a complaint about the performance of a child custody evaluator to the Supervising Family Law Judge. Said complaint shall be in writing and copies of the complaint shall be served on all parties. A proof of service evidencing service of the complaint on all parties is required.

Applies to

Complaint response

Any response to an evaluator complaint must be written, served on all parties, and accompanied by proof of service within seven days of service of the complaint.

A response to the complaint, if any, shall be presented to the Supervising Family Law Judge within seven (7) days of service of the complaint. Said response shall be in writing and copies of the response shall be served on all parties. A proof of service evidencing service of the response on all parties is required.

Applies to

Settlement conference statement

Each party must submit a Settlement Conference Statement to the court and serve it on the opposing party at least ten days before the settlement conference; the clerk marks it received without filing it.

At least ten days before the settlement conference, each party must submit to the court and serve on the opposing party a Settlement Conference Statement. These Statements will be marked as “Received” by the clerk, but will not be filed.

Applies to

Default judgment

Service

Mail to opposing party

Envelopes the superior court clerk will mail to a defaulted party in a dissolution matter must show the clerk's return address rather than the moving party's address.

Envelopes provided to the superior court clerk for mailing to parties in default in a dissolution matter must contain the return address of the superior court clerk, not the address of the moving party.

Deadline

10 calendar days

Applies to

Witness list

Unless the hearing officer orders otherwise, service of the Witness List on the opposing party or counsel must occur at least 10 calendar days before the evidentiary hearing and be proven by a filed proof of service.

Unless otherwise ordered by the judicial officer scheduled to hear the evidentiary hearing, Witness Lists shall be filed with the court and served to the opposing party or their attorney of record at least 10 calendar days prior to the date the evidentiary hearing is set to begin. A proof of service shall be filed confirming timely service of the Witness List.

Deadline

10 calendar days

Unless otherwise ordered, the paper-service option requires filing and serving the Exhibit List and exhibits on the opposing party or counsel and filing proofs of timely service at least 10 calendar days before the evidentiary hearing.

Unless otherwise ordered by the judicial officer scheduled to hear the evidentiary hearing, at least 10 calendar days prior to the date the evidentiary hearing is set to begin each party must either: a. File an Exhibit List with the court and serve a copy to the opposing party or their attorney of record; file and serve a proof of service confirming timely service of the Exhibit List; serve a copy of each exhibit listed in the Exhibit List to the opposing party or their attorney of record; and file a proof of service confirming timely service of the exhibits; or b. Upload the party’s exhibits to the Omnigo Digital Portal, and serve the exhibits through the Digital Portal. If all exhibits are uploaded and served through the Digital Portal, the party must only print an exhibit list from the Digital Portal and file it with the court.

Service

Mail

Known creditors must receive notice, and proof of mailing must be filed before any petition for final distribution.

Notice to known creditors, apart from that published as otherwise prescribed by law, is required under Probate Code section 9050, and proof of said mailing must be filed with the court prior to the filing of any petition for final distribution.

Deadline

2 court days

Notice of opposition or an intention to appear must reach petitioner’s attorney at least two court days before the hearing unless good cause is shown.

Notice of any opposition and/or any intention to appear must be given to the attorney for petitioner at least two court days before the scheduled hearing date, unless good cause is shown.

Service

Court service

Supplemental and amended accountings must be noticed for hearing unless the court dispenses with notice by order.

Any supplemental or amended accounting must be noticed for hearing, unless the court by order dispenses with notice.

Applies to

Review report

Copies of the treatment-plan review report must be furnished to counsel for the conservator, the conservatee, and the county patient’s rights advocate.

This must be set forth in a written report to be filed with the court at least two weeks prior to the hearing with copies to be furnished to counsel for the conservator, the conservatee, and the county patient’s rights advocate.

Applies to

Notice of hearing

Notice of the treatment-plan review hearing must be given to the conservatee, the conservatee’s counsel, and interested relatives, who must be advised of their right to attend personally.

Notice of such hearing must be given to the conservatee, conservatee’s counsel, and interested relatives who must be advised of their right to be personally present at such hearing.

Applies to

Treatment plan

The individualized treatment plan must be provided to specified counsel and the county patient’s rights advocate, with proof of that provision included in the plan.

The individualized treatment plan filed with the court must also be provided to counsel for the conservator, the conservatee, and the county patient’s rights advocate, and must contain proof that they have been so provided.

The clerk must provide notice of the hearing date, time, and place by facsimile to parties requiring notice.

The clerk will give notice of the hearing date, time, and place by facsimile service to those parties requiring such notice.

The mental health clerk must notify the facility, facility counsel, the public defender, and, for writs, the district attorney of the hearing information.

The mental health clerk will notify the facility, counsel for the facility, the public defender, and district attorney (writs only) of the scheduled date, time and place for the hearing.

Service

Mail

Copies of extraordinary-fee and commission petitions exceeding 25 percent of statutory fees must be mailed to all persons entitled to hearing notice, except beneficiaries of specific gifts.

Copies of petitions for allowance of fees for extraordinary services and commissions in decedents’ estates in excess of 25 percent of statutory fees must be mailed to all persons entitled to receive notice of the hearing on the petition (except beneficiaries of specific gifts).

Applies to

Motion

A noticed motion must be accompanied by a proof of service to be accepted for filing.

(a) No noticed motion will be accepted by the county clerk unless it is accompanied by a proof of service.

Deadline

5 court days

Applies to

Motion

Juvenile-court motions generally must comply with specified service rules, but written notice may be shortened to five court days and opposition must be filed and served two court days before the hearing.

All motions calendared in the juvenile court must comply with the requirements of the Code of Civil Procedure sections 1010 et seq. and California Rules of Court, rules 3.1110, 3.1113, 3.1115, 3.1320, and 5.544, except that written notice to opposing counsel and the court may be reduced to five court days, and any opposition must be filed and served two court days before the scheduled hearing.

Deadline

2 court days

Applies to

Opposition

Opposition to a juvenile-court motion must be filed and served two court days before the scheduled hearing.

any opposition must be filed and served two court days before the scheduled hearing.

Applies to

Ex parte application

Before submitting ex parte orders, the applicant must notify all counsel, social workers, and unrepresented parents, or explain why notice was not given.

Before submitting ex parte orders to a judicial officer for approval, the applicant must give notice to all counsel, social workers, and parents who are not represented by counsel or explain the reason notice has not been given.

Deadline

4 hours

Applies to

Ex parte opposition

Written opposition to an ex parte order request must be presented to the juvenile-division court clerk within four hours after notice is received.

An opposing party must present any written opposition to a request for ex parte orders to the court clerk of the juvenile division within four hours of receipt of notice.

Applies to

Filed documents

The party filing a document about an appointed child must serve CASA with a copy of the document.

CASA shall be served with a copy of all documents filed with the court as to a child for whom they have been appointed. The party filing said document is responsible for service on CASA.

Deadline

10 court days

Applies to

Court report

CASA court reports must be submitted and served on the identified recipients at least 10 court days before the hearing unless the court orders otherwise.

All court reports submitted by CASA shall be submitted and served on all parties through their counsel, Child Welfare Services, and Probation in a timely fashion, at least 10 court days prior to the scheduled hearing unless otherwise ordered by the court.

Deadline

10 court days

Applies to

Social worker report

For all other hearings, the social worker's report must be served at least 10 court days before the hearing.

(3) For all other hearings, the social worker’s report must be served at least 10 court days prior to the hearing.

Deadline

5 court days

Applies to

Expert information

In contested proceedings, expert names and reports must be exchanged at least five court days before the hearing, or at the earliest possible time when there was no time waiver and the need for an expert was not known.

(5) In contested proceedings, the name of any experts to be called by any party, and copies of their reports, must be made available to all parties at least five court days before the hearing, except where there has been no time waiver and the need for an expert is not known, in which case the parties must exchange expert information at the earliest possible time.

Deadline

5 court days

Applies to

Mutual discovery

Mutual discovery must be exchanged at least five court days before the hearing, or at the earliest possible time if there has been no time waiver.

(6) Except as provided elsewhere in these rules, mutual discovery, including names of witnesses and their addresses and telephone numbers, must be exchanged at least five court days before the hearing, except where there has been no time waiver, in which case the parties must exchange mutual discovery at the earliest possible time.

Applies to

Media access request

A copy of the media access request form must be provided to the Chief Probation Officer and/or Deputy Director of Child Welfare Services.

A copy of the form must be provided to the Chief Probation Officer and/or Deputy Director of Child Welfare Services.

Deadline

2 court days

Applies to

Objection to media access request

Probation or Child Welfare Services must communicate any written objection to the presiding juvenile judge within two court days after receiving the media request form.

Any objection by either Probation or Child Welfare Services must be communicated in writing to the presiding judge of the juvenile court within two court days of receipt of the form.

Deadline

2 court days

Applies to

Hearsay objections

Hearsay objections to the social worker’s report must be written, served, and filed at least two court days before the hearing, but objections to a report filed less than five court days before the hearing must be served and filed at least one day before the hearing.

Any hearsay objections to the social worker’s report must be in writing, served and filed at least two court days before the hearing, except that in cases where the social worker’s report is not filed at least five court days prior to the hearing, the objecting party must file and serve his/her objections in writing at least one day prior to the hearing.

Applies to

Protective order

Service

Court service to agency

Within 24 hours after granting, modifying, or terminating domestic-violence relief, the clerk must convey a file-endorsed copy of the order to the Tulare County Sheriff’s Department or the court CLETS administrator.

Upon granting of relief (through initial petition, modification, or termination), the clerk shall convey within 24 hours a file-endorsed copy of the order to the Tulare County Sheriff’s Department (TCSO) for input into CLETS, a statewide computerized registration system for restraining orders, or to the court CLETS administrator upon that program becoming operational.

Copies of all medical reports and the itemization of past and future special damages must be supplied to opposing counsel at least ten days before the settlement conference.

d. Supply opposing counsel with copies of all medical reports and your itemization of special damages to date and future special damages at least ten days before settlement conference.

If the petition to rehear the case is granted, the petitioner must give ten days' notice of the hearing date to the recipients identified in the order.

Petitioner must give ten days notice of hearing date to:

Applies to

Ex parte application

Notice of an ex parte application may be given by telephone.

☐ a. by telephone at ________________ (a.m.) (p.m.) _______________ , 20_____

Applies to

Ex parte application

Service

Mail

Notice of an ex parte application may be given by mailing or hand delivery of a letter.

☐ b. by letter mailed or hand delivered to (insert name and address)

Service

Court service

In juvenile dependency or wardship proceedings, the Clerk must serve all minutes on any identified Regional Center and case worker and provide proof of service.

In any and all cases in which minors are subject to dependency proceedings or wardship proceedings in Juvenile Court, the Clerk of the Court shall serve and provide proof of service upon any identified Regional Center and case worker of all minutes in the proceedings relating to the minor in order that the Regional Center might appear in Court on behalf of the minor.

When a notice of hearing on a new petition is given to a minor, the Probation Department and Child Welfare Services must serve the Regional Center and case worker, if known, and file proof of service.

The Tulare County Probation Department and the Tulare County Department of Child Welfare Services shall, in any instance in which a notice of hearing on a new petition is given to a minor, also serve and file proof of service upon the Regional Center serving the minor and his Regional Center case worker, if known.

Applies to

Subpoena

Service

Personal service

A subpoena must be personally served with reasonable notice of the trial date and time, and the proof of service must be brought to court.

The subpoena must be personally served. The person served must be given reasonable notice of the date and time of the trial. You should bring the proof of service to court with you.

Deadline

30 calendar days

A written complaint about appointed minor’s counsel must be filed and served on all counsel and self-represented parties, with a copy delivered to the courtroom clerk; the court responds within 30 days.

In a family law proceeding in which the court has appointed counsel for minor children, any party or counsel or minor child may present a written complaint about the performance of appointed counsel pursuant to California Rules of Court, rule 5.240(e). The complaint must be filed and served on all counsel and self-represented parties, and a copy must be delivered to the courtroom clerk for the Presiding Family Law Judge. The court will respond to the complaint within 30 days, either by setting the matter for hearing or by issuing a written response.

Deadline

24 hours

After granting relief in a domestic-violence matter, the clerk must convey a file-endorsed copy of the order to TCSO or the court CLETS administrator within 24 hours.

Upon granting of relief (through initial petition, modification, or termination), the clerk shall convey within 24 hours a file-endorsed copy of the order to the Tulare County Sheriff’s Department (TCSO) for input into CLETS (a statewide computerized registration system for restraining orders), or to the court CLETS administrator upon that program becoming operational.

Applies to

Social worker report

A social worker's report may be mailed to counsel, personally served, or delivered by another means agreed upon by counsel.

(4) All social worker reports may be mailed to counsel, delivered by personal service, or delivered by other means as agreed upon by counsel.