Southern District of California Service and Proof of Service Rules

CRITICALCriminal cases

A party relying on a transcript or audio/visual exhibit must provide it to the other side sufficiently before the appearance to allow discussion of possible redactions or portions to be shown or heard.

A party relying on a transcript or an audio/visual exhibit for court must provide the transcript or exhibit to the other side sufficiently before the relevant court appearance to allow the parties to meet and confer on any possible redactions or portions to be shown or heard.

CRITICALCivil cases

Applies to

Ex parte motion

An ex parte motion filed with the Court must be served on opposing counsel by fax, email with return receipt requested, or overnight mail.

Any ex parte motion filed with the Court must be served on opposing counsel via facsimile, electronic mail with return receipt requested, or overnight mail.

CRITICALCriminal cases

When the Court requests letters or emails, copies must be delivered to all counsel at the same time.

If letters or emails are requested, copies of the same must be simultaneously delivered to all counsel.

CRITICALCivil cases

The moving party must copy opposing counsel on the e-mail requesting an informal discovery dispute conference.

The movant must copy opposing counsel on the e-mail.

CRITICAL

Applies to

Ex parte motion

Service

Email to opposing party

Ex parte motions must be served on opposing counsel via email or overnight mail.

Any ex parte motion filed with the Court must be served on opposing counsel via email, or overnight mail.

CRITICAL

Applies to

Proposed order

Service

Email to court

Proposed orders must be emailed in Word format to efile_ohta@casd.uscourts.gov with case number and name in subject line.

Counsel must email proposed orders in Word (.doc) format to efile_ohta@casd.uscourts.gov and include the case number and case name in the subject line of the email.

CRITICALCriminal cases

Applies to

Supplemental jury instructions

Supplemental jury instructions must be filed and served as soon as the need for them becomes apparent.

Supplemental instructions must be filed and served as soon as the need for them becomes apparent.

CRITICALCriminal cases

Applies to

Exhibit list

Government counsel must deliver the exhibit list to the Courtroom Deputy Clerk on the first day of trial.

Government counsel must provide a list of exhibits and give it to the Courtroom Deputy Clerk on the first day of trial.

CRITICALCivil cases

Deadline

21 calendar days

Applies to

Written settlement proposal

The plaintiff must serve the defendant a written settlement proposal stating a specific demand amount at least 21 days before the conference.

No later than 21 days before the conference, the plaintiff must serve on the defendant a written settlement proposal, which must include a specific demand amount.

CRITICALCivil cases

Applies to

Settlement conference statement

Each Settlement Conference Statement must be served on opposing counsel.

The Settlement Conference Statement must be served on opposing counsel.

CRITICALCivil cases

Applies to

Settlement offer

Before the meet-and-confer discussion, the defendant must give the plaintiff a written response stating a specific offer amount.

The defendant must respond to the plaintiff in writing with a specific offer amount prior to the Meet and Confer discussion.

CRITICALCivil cases

Applies to

Settlement proposal

The plaintiff must serve the defendant with a written settlement proposal stating a specific demand amount at least 21 days before the conference.

No later than 21 days before the conference, the plaintiff must serve on the defendant a written settlement proposal, which must include a specific demand amount.

CRITICALCivil cases

Applies to

Settlement conference statement

Each Settlement Conference Statement must be served on opposing counsel.

The Settlement Conference Statement must be served on opposing counsel.

CRITICALCriminal cases

Deadline

24 hours

Absent extraordinary circumstances, bail modification requests must be calendared in advance and the opposing party, Pretrial Services, and sureties must receive 24 hours' notice.

Absent extraordinary circumstances, bail modification requests will not be heard unless calendared in advance and with 24 hours notice to the opposing party, Pretrial Services, and the sureties.

CRITICALCriminal cases

Deadline

24 hours

Nebbia and surety examinations must be calendared in advance with at least 24 hours’ notice to the Court, all parties, and the Pretrial Services Office.

Nebbia and surety examinations will be heard only if calendared in advance with no less than 24 hours notice to the Court, all parties and the Pretrial Services Office.

CRITICAL

Motions to seal must be served on the document custodian if they have not appeared in the case.

Any motion to file a document under seal must be served on the person or entity that has custody and control of the document, if that person or entity has not already appeared in the action.

CRITICAL

Applies to

Motion to seal

Sealing applications must be served on the document custodian if they have not appeared in the action.

Any application to file a document under seal must be served on the person or entity that has custody and control of the document, if that person or entity has not already appeared in the action.

CRITICALCivil cases

Applies to

Petition to approve the compromise and create the SNT

For a hearing on a petition to approve a compromise and create an SNT, the named state directors must receive 15 days’ notice and a copy of the petition; out-of-state residents require notice to the appropriate public benefit office, and the general 30-day notice provision does not apply.

Fifteen (15) days’ notice of the time and place of hearing and a copy of the petition to approve the compromise and create the SNT must be given to the State Director of Health services, the Director of Mental Health, and the Director of Developmental Services at the office of each director in Sacramento. Prob. Code § 3602(f). The general 30- day notice provision of Probate Code § 17203 does not apply to these matters. For out of state resident minors/incompetents notice must be given to the appropriate public benefit state or federal office.

CRITICALCivil cases

Plaintiffs’ counsel must notify the victims compensation and government claims board of any legal proceedings or settlement involving the victims of crime program.

Victims of crime program, Plaintiffs’ counsel must notify the victims compensation and government claims board of any legal proceedings or settlement. See, Gov Code Section 13963.

CRITICALCivil cases

The client or their attorney must notify the employer or its insurer forthwith after filing a third-party action and before settling, with enough time for the employer to protect its lien.

Worker’s Compensation benefits in California, the client/client’s attorney must notify the employer or employer’s insurer “forthwith” upon filing a third-party action (Labor Code 3853) and provide notice before settling with a third-party tortfeasor in time for the employer to protect its lien. See, Labor Code Section 3860(a).

CRITICALCivil cases

If Medicare pays some expenses, the defendant and their liability insurers must notify the Centers for Medicare & Medicaid Services of third-party litigation involving a Medicare beneficiary.

Where Medicare pays some of the expenses, the defendant’s and their liability insurers must notify the Centers for Medicare & Medicaid services of any third/party litigation involving a Medicare beneficiary. See, 42 U.S.C. Section 1395Y(b)(7)(B).

CRITICALCivil cases

A Medi-Cal beneficiary or their counsel must report a third-party tort action to DHCS within 30 days after filing the personal injury claim or action.

Regarding Medi-Cal, in California, Welfare and Institutions Code section 14124.73, et. seq. requires the person receiving benefits or their personal representative (counsel) to report a third-party tort action to the Department of Health Care Services (DHCS) within 30 days of filing a personal injury claim or action.

CRITICALCivil cases

Settlement or judgment proceeds for a minor or incompetent California resident must be paid and disbursed under California Probate Code Section 3600 et seq.

Money or property recovered by a minor or incompetent California resident by settlement or judgment must be paid and disbursed in accordance with California Probate Code Section 3600, et. seq.

CRITICALCivil cases

For a non-California resident recipient, disbursement must follow court restrictions similar to those in California Probate Code Section 3600 et seq.

If the recipient of the money or property is not a California resident, disbursement must occur pursuant to court restrictions which are similar to those of Section 3600 et. seq.

WARNINGCivil cases

Applies to

Transcript or audio visual exhibit

A party relying on a transcript or audio/visual exhibit must provide it to the other side sufficiently before the appearance to allow discussion of possible redactions or portions to be shown or heard.

A party relying on a transcript or an audio/visual exhibit for court must provide the transcript or exhibit to the other side sufficiently before the relevant court appearance to allow the parties to meet and confer on any possible redactions or portions to be shown or heard.

WARNINGCivil cases

When the Court requests letters or emails, copies must be delivered simultaneously to all counsel.

If letters or emails are requested, copies of the same must be simultaneously delivered to all counsel.

WARNINGCivil cases

The Court strongly prefers service on the opposing party and a reasonable opportunity for that party to file an opposition.

The Court’s strong preference is for the opposing party to be served and afforded a reasonable opportunity to file an opposition.

WARNINGCivil cases

Federal, state, or local governments that provide medical benefits are entitled to notice of settlement or suit.

Whenever the federal, state or local governments provide medical benefits they typically have statutory rights by subrogation or private right of action to recover these and are entitled to notice.

CRITICAL

Final Exhibit and Witness Lists must be exchanged 14 days before trial.

The parties must also exchange their Final Exhibit and Witness Lists fourteen (14) days before trial