Douglas County Superior Court Service and Proof of Service Rules

CRITICAL

Applies to

Presentence report

The Community Corrections Office must serve its report on the prosecuting and defense attorneys and provide the original to the sentencing judge at least ten days before sentencing.

The Community Corrections Office shall serve a copy of its report upon the prosecuting attorney and the defense attorney and the original to the sentencing judge not less than ten days before the sentencing date.

CRITICAL

A copy of the Order of Appointment must be provided to the Registry Administrator.

A copy of the Order of Appointment shall be provided to the Registry Administrator.

CRITICAL

Applies to

Motion to withdraw

An attorney seeking to withdraw must serve a motion on the prosecuting attorney, file it with the Clerk, and note it for a hearing.

To withdraw, an attorney must serve a motion to withdraw upon the prosecuting attorney, file the same with the Clerk of the Court, and note the same for a hearing.

CRITICAL

After receiving an accepted Notice of Appointment, the Registry Administrator must forward the requesting attorney a copy of the acceptance.

Upon return receipt of a Notice of Appointment, which has been accepted, the Registry Administrator shall forward a copy of the acceptance to the requesting attorney.

CRITICAL

The petitioner, the petitioner’s attorney, family members, and private investigators may not accompany law enforcement during attempts to execute the writ.

The petitioner, petitioner’s attorney, family members and private investigators may not accompany law enforcement during attempts to execute the Writ.

CRITICAL

Deadline

1 court days

Additional responding or reply documents must be served on all parties by noon the court day before the hearing.

Copies of any additional responding or reply documents must be filed with the Clerk and served on all parties no later than noon of the court day prior to the hearing.

CRITICAL

The GAL must return the Notice of Appointment to the Registry Administrator.

The GAL will return the Notice of Appointment to the Registry Administrator.

CRITICAL

The registry administrator must send the selected GAL a Notice of Appointment and the requesting attorney’s letter by fax or mail.

The registry administrator will select the next available GAL appearing on the registry and fax or mail a Notice of Appointment to the GAL along with the letter received from the requesting attorney.

CRITICAL

When a dissolution decree or order is filed, the presenting attorney or self-represented party must immediately deliver or mail a dated true copy to the opposing party or counsel and file a declaration of mailing.

When any decree or order is filed in a dissolution matter, the attorney for the party presenting the order, or the party if the matter is presented pro se, shall immediately deliver or mail to the opposing party to the opposing party's last known address, or to opposing counsel, a true copy of the decree or order with the date of entry indicated on each copy. A declaration of mailing of such true copy shall be filed.

CRITICAL

Applies to

Written request

A party seeking a GAL registry appointment must serve a written request on the Registry Administrator; appointments proceed rotationally and are subject to the appointee’s acceptance.

A party needing an appointment from a GAL registry shall serve a written request upon the Registry Administrator, who shall appoint as GAL that person whose name next appears on the registry on a rotational basis, subject to that person's acceptance of the appointment.

CRITICAL

Deadline

2 court days

Copies of responding documents and briefs must be served on all parties and the Judge of Douglas County by noon two court days before the hearing.

Responding documents and briefs must be filed with the Clerk and copies served on all parties and the Judge of Douglas County, no later than noon (2) court days prior to the hearing.

CRITICAL

GAL fee requests submitted to the court must also be served on the parties.

All fee requests by the GAL submitted to the court shall contain time records, which distinguished investigative/legal, administrative/clerical, and travel time and shall also be served upon the parties.

CRITICAL

Unless the Court specifically orders otherwise, writs are not served on weekends, holidays, or after Court hours.

Temporary care is avoided if at all possible and, unless specifically ordered by the Court, Writs are not served on weekends, holidays, or after Court hours.

CRITICAL

Counsel must provide opposing counsel with proposed findings and conclusions before trial, subject to the stated domestic-case exception.

In all actions tried to the court, counsel for each party shall, two days prior to trial, provide the Court and opposing counsel with proposed findings of fact and conclusions of law. Provided, that proposed findings and conclusions are not required in domestic cases of any kind, except that the court may, at its discretion, require proposed findings and conclusions, in a particular case or the parties may voluntarily submit such findings and conclusions.

CRITICAL

The following must be provided to the Sheriff’s office: A certified copy of the Order to Issue Writ The original Writ of Habeas Corpus The original Warrant in Aid of Writ of Habeas Corpus Information Sheet, which contains information regarding the parties and child(ren) A copy of the Petition for Writ of Habeas Corpus A copy of the most recent Order or Decree which grants petitioner custody A recent photograph of the child(ren), if available A recent photograph of respondent, if available

The following must be provided to the Sheriff’s office: A certified copy of the Order to Issue Writ The original Writ of Habeas Corpus The original Warrant in Aid of Writ of Habeas Corpus Information Sheet, which contains information regarding the parties and child(ren) A copy of the Petition for Writ of Habeas Corpus A copy of the most recent Order or Decree which grants petitioner custody A recent photograph of the child(ren), if available A recent photograph of respondent, if available

CRITICAL

For a stepfather-name change for a child under 18, the petitioner must give notice of the proceeding, subject to statutory exceptions, to the specified father or other person with a paternal interest through adoption.

When changing the name of a child under the age of 18 to the name of the child's stepfather, the petitioner shall give notice of such proceeding except as provided by statute to: a. The father, if the child has been born during marriage, or b. The father, if paternity is established, or c. Any other person with a paternal interest by virtue of an adoption.

CRITICAL

The attorney in charge must serve the settlement-conference letter on the assigned judge and opposing counsel at least three days before the conference.

The attorney personally in charge of each party's case shall personally attend all settlement conferences and shall, not less than three (3) days prior to the date set for the settlement conference, serve on the assigned judge and the attorney for the opposing party a letter succinctly addressing the following:

CRITICAL

Deadline

5 court days

For pretrial motions other than motions for summary judgment, the motion must be served on all parties and the Judge at least five court days before the hearing date.

Any party desiring to bring any motion prior to trial, other than a motion for summary judgment, must file with the Clerk and serve all parties and the Judge at least five (5) court days before the date fixed for such hearing.

CRITICAL

Each party must serve the opposing party with the written statement of issues at least three days before trial.

In all final hearings or trials in domestic relations matters, each party shall provide to the judge or commissioner and serve on the opposing party a written statement as to the issues in controversy at least three days prior to trial.

CRITICAL

Applies to

Notice of employment

Unless appointed by the Court, defense attorneys must promptly serve written notice of their employment on the prosecuting attorney and file it with the Clerk.

Attorneys representing defendants in criminal cases, except when appointed by the Court, must serve prompt written notice of their employment upon the prosecuting attorney and file the same with the Clerk of the Court.

CRITICAL

Applies to

Presentence report

Unless the Court directs otherwise, in felony sentencing cases the prosecuting and defense attorneys must serve the opposing party and provide a copy to the sentencing Judge and the original to the Clerk at least ten days before sentencing.

Unless otherwise directed by the Court, in all cases where a person is to be sentenced for commission of a felony, the prosecuting attorney and the defendant's attorney shall, not less than ten days before the sentencing date, serve a copy of any presentence report upon the opposing party, a copy to the sentencing Judge, and send the original to the Clerk of the Court.

WARNING

Serving parties by facsimile must comply with General Rule 17.

Filing by facsimile with the Court, and serving parties by facsimile, shall be pursuant to General Rule 17.

WARNING

Failure to give the notice required by CR 65 may result in terms or sanctions against the moving party.

Failure to give notice as required by CR 65 may result in the imposition of terms and/or sanctions on the moving party.

INFO

An interview of the petitioner or petitioner’s attorney by law enforcement is strongly encouraged to help locate the child(ren) and assure officer safety.

A law enforcement interview of the petitioner or petitioner’s attorney is strongly encouraged in order to obtain information helpful towards locating the child(ren) and assuring officer safety.