Tuolumne Superior Court Service and Proof of Service Rules

CRITICAL

Deadline

1 court days

To appear for oral argument, notify opposing counsel by 4:00 p.m. on the court day before the hearing.

If you wish to appear for oral argument, pursuant to California Rules of Court, rule 3.1308, you must so notify the court and opposing counsel by 4:00 p.m., the court day before the hearing.

CRITICAL

Cross-complainants must serve cross-defendants with the initial delay-reduction setting document and notice of any other pending CMC date.

b. Cross-complainants shall serve all cross-defendants with a copy of the initial “DELAY REDUCTION PROGRAM INFORMATION AND SETTING” document and shall serve notice of any other pending CMC date.

CRITICAL

Applies to

Summons and complaint

The plaintiff must file proof of service of the summons and complaint for all named defendants within 60 days after filing the complaint.

2.03.5 Service of Summons and Complaint: Within sixty (60) days of filing the complaint, the plaintiff shall file proof of service of the summons and complaint as to all named defendants.

CRITICAL

Applies to

Case management statement

Each party must serve all other parties with a completed case management statement using the mandatory Judicial Council form no later than 15 calendar days before the scheduled CMC.

a. Statement: No later than fifteen (15) calendar days before a scheduled case management conference, each party shall file with the Court and serve on all other parties a completed case management statement, using the mandatory Judicial Council form.

CRITICAL

Deadline

1 court days

The conference requester must serve the opposing party by an authorized or agreed-upon method so the party receives the request no later than the next court day after filing.

The party requesting the Informal Discovery Conference must file a Request with the clerk’s office on local form TUO-CV-275 and serve the opposing party pursuant to any authorized or agreed-upon method of service that ensures the opposing party receives the Request no later than the next court day following the filing.

CRITICAL

The opposition must be served on the conference requester by an authorized or agreed-upon method so it is received no later than the next court day after filing.

The opposition to a Request must be made using local form TUO-CV-300, must be filed within three (3) calendar days of receipt of the Request, and must be served on the party that requested the Informal Discovery Conference pursuant to any authorized or agreed-upon method of service that ensures the party receives the opposition no later than the next court day following the filing.

CRITICAL

Deadline

1 court days

Applies to

Trial brief

Trial briefs must be provided to opposing counsel no later than one court day before trial, unless the Court orders an earlier submission.

Briefs shall be submitted to the Court and opposing counsel no later than one court day preceding the date set for trial, unless the Court orders submission at an earlier date.

CRITICAL

Applies to

Summons and complaint

In unlawful detainer cases, the plaintiff must file proof of service of the summons and complaint within 60 days after filing the complaint; failure triggers an order to show cause and may result in dismissal without prejudice.

2.14.0 Unlawful Detainer Proceedings: If the plaintiff fails to file proof of service of the summons and complaint within sixty (60) days of the complaint’s filing, an order to show cause shall issue to the plaintiff and, if applicable, the plaintiff’s attorney requiring them to show cause why sanctions should not be imposed for their failure to file proof of timely service of the summons and complaint, and the Court may dismiss the unlawful detainer action without prejudice.

CRITICAL

A moving party seeking to drop a noticed motion from the calendar must file a declaration or request and serve it on all parties.

If a moving party wishes to drop a noticed motion from calendar, it shall do so by filing a declaration or request to that effect and serving a copy on all parties.

CRITICAL

Applies to

Substitution of counsel

A substitution document must be served on all parties.

A document that substitutes one attorney for another or substitutes a party in pro per for an attorney must contain the name, mailing address, and telephone number of the new attorney or party in pro per and shall be served on all parties.

CRITICAL

Copies of an evaluator’s petition to withdraw from a case must be served on all parties.

Any such petition shall be filed with the Court, and copies shall be served on all parties.

CRITICAL

Deadline

15 calendar days

Each party must serve the declarations on the other party no later than 15 calendar days before trial.

Parties to a contested dissolution action that has been assigned a date for trial shall each file with the court and serve on the other party, no later than fifteen (15) calendar days before the trial, a completed current income and expense declaration and current property declaration on the forms prescribed by the Judicial Council.

CRITICAL

Deadline

5 calendar days

The parties must serve the required trial brief on the other party no later than 5 calendar days before trial.

No later than five (5) calendar days before the trial, the parties shall file with the court and serve on the other party a trial brief of issues, contentions and proposed disposition of the case in the form required by subdivision (b) hereafter.

CRITICAL

A telephone-appearance request must be served on all other parties by means calculated to ensure delivery by close of business on the next court day after filing.

Any request for telephone appearance pursuant to rule 5.9 shall be made on Judicial Council form FL-679 (Request for Telephone Appearance), which is hereby adopted for this use in non-governmental family law cases; filed no later than seven (7) court days prior to the hearing, conference, or proceeding at which telephone appearance is requested; and served on all other parties by means calculated to ensure delivery by the close of business on the next court day after the request was filed.

CRITICAL

Deadline

3 court days

A response to a telephone-appearance request must be served on the requestor and all other parties no later than three court days before the hearing, conference, or proceeding.

Any response to a request for telephone appearance shall be filed and served on the requestor and all other parties no later than three (3) court days prior to the hearing, conference, or proceeding.

CRITICAL

If mailing was correct but publication was defective, the matter must be taken off calendar and new notice must be given by publication and mailing.

The matter must be taken off calendar and new notice must be given by both publication and mailing.

CRITICAL

Applies to

Petition for probate

Service

Mail

If a devisee died after the decedent, the petition must state the devisee’s death date and notice must be mailed to the personal representative, if appointed, or otherwise to an appropriate representative.

In cases where the devisee died after the decedent, the date of death must be stated and notice mailed in care of his or her personal representative if one has been appointed or, alternatively, to an appropriate representative.

CRITICAL

Applies to

Successor personal representative petition

A successor personal representative petition does not require a notice of petition to administer estate; notice must follow Probate Code section 8100 et seq., but publication is not required.

f. A petition for an appointment of a successor personal representative does not require a notice of petition to administer estate. Notice shall be given in the manner provided in Probate Code section 8100 et seq. Publication is not required.

CRITICAL

Service

Mail

Notice to a known minor must be addressed individually and mailed to the minor’s residence, with a copy sent to the minor’s parent or guardian.

g. Notice to a minor whose name and address are known to the petitioner shall be addressed individually to the minor and mailed to the minor’s residence. A copy of the notice shall be sent to the minor’s parent(s) or guardian(s).

CRITICAL

Service

Mail

Creditors must file their claims with the clerk’s office and mail a copy to the personal representative.

5.15.0 Creditor’s Claims: Creditors shall file their claims with the clerk’s office and mail a copy to the personal representative.

CRITICAL

The proposed purchaser or the purchaser’s agent must receive notice of the hearing’s time and place, and appearance is required.

a. Notice must be given to the proposed purchaser or his agent of the time and place of hearing. Appearance is required.

CRITICAL

Other fractional owners must receive notice of the hearing when the estate owns only a fractional interest in the property.

d. Where the estate owns only a fractional interest in the real property, the petition must state whether the sale is conditional upon closing of a sale of the unowned fraction. The other fractional owner(s) shall be given notice of the hearing.

CRITICAL

All interested parties must receive notice of a petition for instructions.

All interested parties shall be noticed.

CRITICAL

A temporary conservator or guardian may be appointed without notice only in an emergency, and may not be appointed without a hearing.

A temporary conservator or guardian shall not be appointed without a hearing and may be appointed without notice only in emergency situations.

CRITICAL

Deadline

24 hours

When the petitioner knows the permanent-conservator petition will be contested, all known potential objectors must receive at least 24 hours’ notice of when and where the temporary-conservator petition will be presented.

If the petitioner is informed that the petition for appointment of a permanent conservator will be contested, all known potential objectors must be given at least twenty-four (24) hours’ notice of the time and place the petition for appointment of the temporary conservator will be presented.

CRITICAL

Deadline

25 calendar days

Conservatorship and guardianship appointment petitions require an investigation unless excused or waived, and at least 25 calendar days’ notice is required to complete it.

On all petitions for appointment of a conservator or guardian, an investigation shall be conducted pursuant to Probate Code section 1826 or 1513 unless the investigation is excused or waived. Notice of at least twenty-five (25) calendar days is required in order for the court investigation to be completed.

CRITICAL

A former conservatee or ward must receive notice when the final account is settled.

Notice must be given to a former conservatee or ward on the settlement of the final account.

CRITICAL

Notice must be given to the representative of a deceased conservatee or ward and, if that representative is the conservator or guardian or no representative exists, to the deceased person’s heirs or devisees.

Notice also must be given to the representative of a deceased conservatee or ward. If the representative of the estate is the same person as the conservator or guardian or if there is no such representative, notice also must be given to the heirs or devisees of the deceased conservatee or ward.

CRITICAL

Applies to

Motion

A motion to set the matter for hearing must include proof of service to the district attorney.

In order to set the matter for hearing, a noticed motion with proof of service to the district attorney must be filed at least ten (10) calendar days before the date set for hearing.

CRITICAL

Deadline

2 court days

Oral testimony at sentencing or law and motion hearings is prohibited unless the offering party gives the Court and opposing party two court days' notice.

Notwithstanding any other provisions of law, no oral testimony shall be allowed at sentencing hearings or at law and motion hearings unless the party offering the oral testimony notices the Court and the opposing party two (2) court days prior to the hearing.

CRITICAL

Prehearing discovery must be reciprocal and conducted informally under California Rules of Court, rule 5.546.

Prehearing discovery shall be reciprocal and shall be conducted on an informal basis, pursuant to California Rules of Court, rule 5.546.

CRITICAL

For contested hearings, parties must exchange witness lists at least five days before the hearing unless the witnesses are listed in the CWS social study report.

In the case of contested hearings, the parties shall exchange lists of all witnesses to be called, if not included in the social study report prepared by Child Welfare Services (CWS), at least five (5) days prior to the hearing.

CRITICAL

All relevant, nonprivileged material must be disclosed to all parties in a timely fashion.

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

CRITICAL

Deadline

5 court days

Applies to

Discovery motion

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

The motion shall be served upon all parties at least five (5) court days prior to the hearing.

CRITICAL

Deadline

2 court days

Applies to

Responsive papers

Responsive papers must be served two court days before the hearing.

Any responsive papers shall be served two (2) court days prior to the hearing.

CRITICAL

Deadline

5 calendar days

Applies to

Expert disclosure

Expert names and reports not included in the CWS social study report must be provided to all parties at least five calendar days before the hearing.

The names of any experts to be called by any party and copies of any reports, if not part of the social study report prepared by CWS, shall be provided to all parties at least five (5) calendar days prior to the hearing.

CRITICAL

Applies to

Complaint

Counsel must be provided with a copy of the complaint.

Counsel shall be provided with a copy of the complaint.

CRITICAL

Applies to

Hearing notice

The complainant and counsel must each receive at least five days’ notice of the hearing.

The complainant and counsel shall each be given at least five (5) days’ notice of the hearing.

CRITICAL

Petitioners must submit all moving papers, fees, and other required information to the investigating agencies.

However, petitioners are responsible for submitting all moving papers, fees, and other required information to the investigating agency or agencies.

CRITICAL

Applies to

Adoption petition

For an independent adoption, the petitioner must forward a file-stamped copy of the petition to the appropriate State Department of Social Services district office within 30 days of filing.

9.03.0 Independent Adoptions: Within thirty (30) days of filing, the petitioner shall forward a file-stamped copy of the adoption petition to the appropriate district office of the State Department of Social Services.

CRITICAL

Applies to

Adoption petition

For an agency adoption, the petitioner must forward a file-stamped copy of the petition to the placing adoption agency within 30 days of filing.

9.04.0 Agency Adoptions: Within thirty (30) days of filing, the petitioner shall forward a file-stamped copy of the adoption petition to the adoption agency that placed the child in the petitioner’s custody.

CRITICAL

Applies to

Adoption petition

If the petitioner has not elected an investigator under Family Code section 9001(b), the petitioner must send the designated agency a file-stamped petition and required documentation within 30 days of filing and pay the agency fee within one year.

a. If the petitioner has not elected an investigator pursuant to Family Code section 9001, subdivision (b), the petitioner shall, within thirty (30) days of filing, forward a file-stamped copy of the petition to the agency designated by the County of Tuolumne to perform stepparent adoption investigations. The petitioner also shall forward to the agency all documentation required by the agency and shall pay the agency fee within one (1) year of filing the petition.

WARNING

At filing, the clerk appends a document stating the first CMC’s date, time, and place; the CMC is set approximately 120 days after filing, and the filing party must serve notice on all other parties.

a. At the time a case is filed, the clerk shall append to the initial pleading a document entitled “DELAY REDUCTION PROGRAM INFORMATION AND SETTING” which states the date, time, and place of the first case management conference (CMC). The first CMC shall be set approximately 120 days from the date the initial pleading is filed. It is the responsibility of the filing party to serve all other parties with notice of the CMC.

WARNING

Service

Mail

If publication was correct but mailing was defective, the hearing normally is continued to allow mailing of amended notice, without requiring republication.

The hearing normally will be continued to allow enough time for the mailing of the required amended notice. Republication is not required.

WARNING

Deadline

24 hours

Applies to

Petition for letters of special administration

Special-administration petitions ordinarily require at least 24 hours’ notice to the surviving spouse, the nominated executor, and any other person the Court identifies as entitled to notice.

Petitions for letters of special administration ordinarily will not be granted on fewer than 24 hours’ notice to the surviving spouse, the person nominated as executor, and any other person the Court determines to be entitled to notice.

WARNING

Applies to

Notice of pendency

Upon filing an adoption petition or related matter, the clerk will send notice of pendency to the appropriate investigating agencies.

Upon the filing of any adoption petition or adoption-related matter (including a petition for termination of parental rights and freedom from parental custody and control), the clerk of the Court will send notice of pendency of the action to the appropriate investigating agencies.