Yolo Superior Court Service and Proof of Service Rules

Applies to

Guardianship termination petition

A copy of every petition to terminate a guardianship must be provided to the Probate Investigator.

The Probate Investigator shall be provided with a copy of all petitions to terminate a guardianship.

The written objections must be served on the other party within five court days after the notice of assignment.

Written objections must be filed and served on the other party within five (5) court days of the date of the notice of assignment.

An attorney requesting an exemption must be served in paper form until the court rules on the request.

An Attorney who requests an exemption shall be served with documents in paper form until the Court rules on the request.

Self-represented parties, non-parties, and attorneys excused from electronic filing must receive conventional service.

Self-represented parties, non-parties, and attorneys excused from electronic filing must be served conventionally.

A copy of the evaluator's withdrawal declaration must be provided to all parties and minor's counsel.

A copy of the declaration must be given to all parties and minor’s counsel.

Applies to

Real property bond notice of hearing

A Penal Code section 1298 notice of hearing must be filed, served on the District Attorney and County Counsel, and comply with California Rules of Court 4.111.

(a) A notice of hearing pursuant to Penal Code Section 1298 shall be filed. It shall also be served the District Attorney and County Counsel. Compliance with the notice provisions of Rule 4.111 of the California Rules of Court is required.

Objections to an evaluator's withdrawal request must be served on the evaluator, all parties, and minor's counsel within five court days after receipt of the notice to withdraw.

Objections to the request must be filed with the Court and served on the evaluator, all parties and minor’s counsel within five (5) court days of receipt of the notice to withdraw.

Deadline

5 court days

Each party must serve the settlement conference statement, current income-and-expense declaration, and property declaration at least five court days before the settlement conference.

(c) At least five (5) court days before a settlement conference, each party shall prepare, serve and file (1) a settlement conference statement setting forth the party’s position on every contested issue, and (2) a current income and expense declaration and property declaration.

Deadline

5 court days

Applies to

Written settlement proposal

At least five court days before trial in a contested family law case, each party’s counsel must serve every opposing party with a good-faith written proposal to resolve all contested issues.

(a) At least five (5) court days prior to the trial date for any contested family law case, counsel for each party shall serve on each opposing party a written proposal, prepared in good faith, for the resolution of all contested issues.

Applies to

Financial declaration

A financial declaration submitted for trial must be served on the opposing parties together with the written settlement proposal.

(b) Any financial declaration to be submitted at the trial shall be served on the opposing parties with the above-referenced written proposal for settlement.

Juvenile papers must be accompanied by a proof of service when applicable and filed on the applicable Judicial Council form.

All papers shall be accompanied by a proof of service, if applicable, and shall be filed on any applicable Judicial Council form.

Deadline

24 hours

An applicant must give at least 24 hours' prior notice to counsel, parties, child welfare workers, and probation officers before submitting an ex parte request.

Before submitting a request for an ex parte order to the court for consideration, the applicant shall give prior notice of the request to all counsel, parties, child welfare workers, and probation officers. Notice shall be given at least twenty-four (24) hours before the application is submitted to the court.

Deadline

24 hours

Service

Court service

A written opposition to an ex parte application must be presented to the court within 24 hours after receipt of notice.

An opposing party shall present any written opposition to the court within twenty-four (24) hours of receipt of notice of the ex parte application.

The applicant must serve notice of the court's order on the application, regardless of whether the order is granted or denied.

The applicant is responsible for serving notice of the court’s order on the application, whether granted or denied.

If an ex parte matter is set for hearing, the applicant must give notice of the hearing to all parties and counsel unless the court orders otherwise.

If the matter is set for hearing, the applicant shall also give notice of such hearing to all parties and counsel, unless ordered otherwise by the court.

Deadline

5 court days

In contested proceedings, expert identity, curriculum vitae, and written reports must be served on all parties at least five court days before the hearing, unless the court directs otherwise in the interest of justice.

In all contested proceedings, the name, address and curriculum vitae of any experts to be called by any party and written copies of their reports shall be served upon all parties at least five (5) court days prior to the hearing, or such other time as the court may direct in the interest of justice.

Deadline

2 court days

Applies to

Casa report

The CASA program must provide all counsel of record a copy of the report at least two court days before the hearing.

The CASA program shall also provide a copy of the report to all counsel of record at least two (2) court days before the hearing.

Service

Personal service

Notices required by Probate Code Section 1511(b) must be personally served, while notices under Sections 1511(c), (d), and (e) must be mailed.

Notice required by Probate Code Section 1511(b) shall be personally served while the notice required by Probate Code Section 1511 (c), (d) and (e) is to be mailed.

Applies to

Guardianship petition

The petitioner must give notice to known parties to another guardianship appointment proceeding who are not otherwise entitled to notice.

Notice shall be given to persons not otherwise entitled to notice who are parties to any other proceeding to appoint a guardian for the minor if such proceedings are known to the petitioner at the time of filing.

Applies to

Guardianship petition

Service

Mail

A relative's guardianship-of-the-person petition must be mailed to the Probate Investigator.

In the case of a petition for guardianship of the person by a relative, notice shall be mailed to the Probate Investigator.

Applies to

Guardianship petition

Service

Mail

For a non-relative's guardianship-of-the-person petition, mailed notice under Probate Code Sections 1540–1543 must reach the two identified social-services agencies at least 45 days before the hearing.

In the case of a petition for guardianship of the person by a non-relative, notice under Probate Code Sections 1540 through 1543, inclusive, shall be mailed at least forty-five (45) days prior to the hearing date to: (1) The State Department of Social Services; and (2) Yolo County Department of Employment and Social Services.

Applies to

Guardianship petition

If there is reason to believe the child has Native American heritage, the petitioner must provide ICWA notice to the appropriate tribes and the Secretary of the Department of the Interior.

Guardianships are subject to the provisions of the federal Indian Child Welfare Act (ICWA). If there is any reason to believe that the child has Native American heritage, the petitioner shall provide notice to the appropriate tribe(s) and the Secretary of the Department of the Interior as required by ICWA.

Applies to

Temporary guardianship petition

Proof of service of a temporary-guardianship petition must be filed before the court issues an order.

Proof of service of the petition, pursuant to Probate Code Section 2250, shall be filed prior to the issuance of an order.

Applies to

Temporary guardianship petition

Service

Court service

If the court determines a temporary-guardianship hearing is necessary, the court will send notice to the attorney and petitioner.

If the court determines that a hearing on the petition for a temporary guardianship is necessary, notice will be sent by the court to the attorney and petitioner.

Applies to

Temporary guardianship petition

After receiving court notice, the attorney and/or petitioner must give notice of the temporary-guardianship hearing to all persons required to receive it.

Notice of that hearing shall then be given by the attorney and/or petitioner to those required to receive notice.

Applies to

Successor guardianship petition

A copy of a successor guardianship-of-the-person petition must be sent to the Probate Investigator to determine whether an investigation and report are required.

When filing a petition for a successor guardianship of the person, a copy of the petition for successor appointment shall be sent to the Probate Investigator in order to determine if an investigation and report will be required.

The three listed categories of ex parte requests may be submitted without prior notice to other parties.

Ex parte requests for (1) orders for temporary removal of prisoners or wards and production as a party, (2) preservation of dispatch transmissions (“CAD purges”), or (3) copies of booking photographs, may be submitted to the court without any prior notice to other parties.