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Court Rules

Service and Proof of Service Rules in the California Rules of Court

1,547 requirements in 482 rules

Service in every court and judge's rules

Cal. Rules of Court, rule 1.21. Service

  • As used in these rules, unless a statute or rule provides for a different method for filing or service, a requirement to "serve and file" a document means that a copy of the document must be served on the attorney for each party separately represented, on each self-represented party, and on any other person or entity when required by statute, rule, or court order, and that the document and a proof of service of the document must be filed with the court.

  • Whenever a document is required to be served on a party, the service must be made on the party's attorney if the party is represented.

Cal. Rules of Court, rule 1.41. Proofs of service on forms

  • A party may use an included proof of service or any other proper proof of service.

Cal. Rules of Court, rule 1.100. Requests for accommodations by persons with disabilities

  • A writ petition must be served on the respondent court and any real party in interest, which includes only proceeding participants notified by the court of the accommodation determination.

    The rule's wording

    For purposes of this rule, only those participants in the proceeding who were notified by the court of the determination to grant or deny the request for accommodation are considered real parties in interest in a writ proceeding. The petition for the writ must be served on the respondent court and any real party in interest as defined in this rule.

Cal. Rules of Court, rule 2.20. Application for an order extending time

  • An order extending time must be filed immediately and copies served within 24 hours after the making of the order or within such other time as may be fixed by the court.

Cal. Rules of Court, rule 2.40. Requests for accommodations to pump or express breast milk

  • In a writ proceeding, only participants notified by the court of the accommodation determination are real parties in interest, and the petition must be served on the respondent court and any such real party.

    The rule's wording

    For purposes of this rule, only those participants in the proceeding who were notified by the court of the determination to grant or deny the request for accommodation are considered real parties in interest in a writ proceeding. The petition for the writ must be served on the respondent court and any real party in interest as defined in this rule.

Cal. Rules of Court, rule 2.111. Format of first page

  • The inclusion of a fax number or e-mail address on any document does not constitute consent to service by fax or e-mail unless otherwise provided by law.

Cal. Rules of Court, rule 2.200. Service and filing of notice of change of address or other contact information

  • An attorney or self-represented party whose mailing address, telephone number, fax number, or e-mail address (if it was provided under rule 2.111(1)) changes while an action is pending must serve on all parties and file a written notice of the change.

Cal. Rules of Court, rule 2.250. Construction and definitions

  • The rules in this chapter must be construed to authorize and permit filing and service by electronic means to the extent feasible.

Cal. Rules of Court, rule 2.251. Electronic service

  • Adopting a local rule stating that the court accepts electronic service. The rule must indicate where to obtain the electronic service address at which the court agrees to accept service.

  • Despite (e), persons who consented to or are required to e-serve are responsible for serving all required recipients and may serve directly, through an agent, or through a designated electronic filing service provider.

    The rule's wording

    Notwithstanding (e), parties and other persons that have consented to or are required to serve documents electronically are responsible for electronic service on all other parties and other persons required to be served in the case. A party or other person may serve documents electronically directly, by an agent, or through a designated electronic filing service provider.
  • Electronic service of a document is complete as provided in Code of Civil Procedure section 1010.6 and the rules in this chapter.

  • Proof of electronic service shall be made as provided in Code of Civil Procedure section 1013b.

  • Serving a notice on all parties and other persons in the case that the court accepts electronic service. The notice must include the electronic service address at which the court agrees to accept service; or

  • A party or other person that has consented to electronic service under (1) and has used an electronic filing service provider to serve and file documents in a case consents to service on that electronic filing service provider as the designated agent for service for the party or other person in the case, until such time as the party or other person designates a different agent for service.

  • Preserve the document served without any change, alteration, or modification from the time the document is posted until the time the hyperlink is terminated; and

  • The court may electronically serve documents as provided in Code of Civil Procedure section 1010.6, Penal Code section 690.5, and the rules in this chapter.

  • A document may not be electronically served on a nonparty unless the nonparty consents to electronic service or electronic service is otherwise provided for by law or court order.

  • If the court has permissive electronic-filing rules and the order would not cause undue hardship or significant prejudice, it may order all parties in the specified actions to electronically serve all documents, except where personal service is required.

    The rule's wording

    If a court has adopted local rules for permissive electronic filing, then the court may, on the motion of any party or on its own motion, provided that the order would not cause undue hardship or significant prejudice to any party, order all parties in any class action, a consolidated action, a group of actions, a coordinated action, or an action that is complex under rule 3.403 to serve all documents electronically, except when personal service is required by statute or rule.
  • Ensure that the documents served can be viewed and downloaded using the hyperlink provided;

  • An electronic service address is presumed valid for a party or other person if the party or other person files electronic documents with the court from that address and has not filed and served notice that the address is no longer valid.

  • A court may combine an order for mandatory electronic service with an order for mandatory electronic filing as provided in rule 2.253(c).

  • When a document may be served by mail, express mail, overnight delivery, or fax transmission, the document may be served electronically under Code of Civil Procedure section 1010.6, Penal Code section 690.5, and the rules in this chapter.

  • Agreeing to the terms of service with an electronic filing service provider, which clearly states that agreement constitutes consent to receive electronic service; or

  • A court may require parties to serve documents electronically in specified civil actions by local rule or court order, as provided in Code of Civil Procedure section 1010.6 and the rules in this chapter.

  • A court that permits or requires electronic filing in a case must maintain and make available electronically to the parties and other persons in the case an electronic service list that contains the parties' or other persons' current electronic service addresses, as provided by the parties or other persons that have filed electronically in the case.

  • A court may require other persons to serve documents electronically in specified civil actions by local rule, as provided in Code of Civil Procedure section 1010.6 and the rules in this chapter.

  • For purposes of electronic service made pursuant to Penal Code section 690.5, express consent to electronic service is required.

  • A party or other person may indicate consent electronically through the court or its electronic filing service provider, while providing an electronic service address and serving notice of consent on all parties and other persons.

    The rule's wording

    Manifesting affirmative consent through electronic means with the court or the court's electronic filing service provider, and concurrently providing the party's electronic service address with that consent for the purpose of receiving electronic service. A party or other person may manifest affirmative consent by serving notice of consent to all parties and other persons and either:
  • A person serving by electronic notification must maintain the hyperlink until the case is settled or ended and the appeal period expires, or, if no longer in the case, until notice of a 60-day download period has been given and that period has passed.

    The rule's wording

    Maintain the hyperlink until either: (A) All parties in the case have settled or the case has ended and the time for appeals has expired; or (B) If the party or other person is no longer in the case, the party or other person has provided notice to all other parties and other persons required to receive notice that it is no longer in the case and that they have 60 days to download any documents, and 60 days have passed after the notice was given.
  • In a specified civil action, a person required to e-file must also electronically serve and accept service, subject to personal-service requirements, a contrary court order, and the stated non-electronic service treatment for persons not required to e-file or serve electronically.

    The rule's wording

    Except when personal service is otherwise required by statute or rule, a party or other person that is required to file documents electronically in an action must also serve documents and accept service of documents electronically from all other parties or persons, unless: (A) The court orders otherwise, or (B) The action includes parties or persons that are not required to file or serve documents electronically, including self-represented parties or other self-represented persons; those parties or other persons are to be served by non-electronic methods unless they affirmatively consent to electronic service.
  • If an electronic filing service provider is used for service, the service is complete at the time that the electronic filing service provider electronically transmits the document or sends electronic notification of service.

  • Each party or other person that is required to serve and accept service of documents electronically must provide all other parties or other persons in the action with its electronic service address and must promptly notify all other parties, other persons, and the court of any changes under (g).

  • If a person signs a printed form of a proof of electronic service, the party or other person filing the proof of electronic service must comply with the provisions of rule 2.257(a).

  • If the court has previously ordered parties in a case to electronically serve documents and a new party is added that the court determines should also be ordered to do so under (1), the court may follow the notice procedures under (2) or may order the party to electronically serve documents and in its order state that the new party may object within 10 days after service of the order or by such later time as the court may specify.

  • Using an electronic filing service provider to file, serve, or receive service does not relieve a party or other person of its duties under (1).

    The rule's wording

    A party's or other person's election to contract with an electronic filing service provider to electronically file and serve documents or to receive electronic service of documents on the party's or other person's behalf does not relieve the party or other person of its duties under (1).
  • A document may be electronically served on a court if the court consents to electronic service or electronic service is otherwise provided for by law or court order.

  • Serving a notice on all parties and other persons that the party or other person accepts electronic service and filing the notice with the court. The notice must include the electronic service address at which the party or other person agrees to accept service; or

  • If the court proposes to make any order under (1) on its own motion, the court must mail notice to any parties that have not consented to receive electronic service. The court may electronically serve the notice on any party that has consented to receive electronic service.

  • A party or other person whose electronic service address changes while the action or proceeding is pending must promptly file a notice of change of address electronically with the court and must serve this notice electronically on all other parties and all other persons required to be served.

Cal. Rules of Court, rule 2.253. Permissive electronic filing, mandatory electronic filing, and electronic filing by court order

  • The court may electronically serve the notice on any party that has consented to receive electronic service.

  • (B) When the court sends confirmation of filing to all parties, receipt of the confirmation constitutes service of the filing if the filed document is available electronically.

  • (2) Self-represented parties or other self-represented persons are exempt from any mandatory electronic filing and service requirements adopted by courts under this rule and Code of Civil Procedure section 1010.6.

  • (2) A court may combine an order for mandatory electronic filing with an order for mandatory electronic service as provided in rule 2.252(d).

  • (4) A party or other person that is required to file and serve documents electronically must be excused from the requirements if the party or other person shows undue hardship or significant prejudice.

  • in these cases, each self-represented party or other person is to file, serve, and be served with documents by non-electronic means unless the self-represented party or other person affirmatively agrees otherwise.

  • (3) If the court proposes to make any order under (1) on its own motion, the court must mail notice to any parties that have not consented to receive electronic service.

  • (3) In civil cases involving both represented and self-represented parties or other persons, represented parties or other persons may be required to file and serve documents electronically;

Cal. Rules of Court, rule 2.256. Responsibilities of electronic filer

  • Furnish one or more electronic service addresses, in the manner specified by the court. This only applies when the electronic filer has consented to or is required to accept electronic service.

  • Immediately provide the court and all parties with any change to the electronic filer's electronic service address. This only applies when the electronic filer has consented to or is required to accept electronic service.

Cal. Rules of Court, rule 2.257. Requirements for signatures on documents

  • (C) At any time after the electronic version of the document is filed, the court may order the filing party or other person to produce the original signed document in court for inspection and copying by the court. The order must specify the date, time, and place for the production and must be served on all parties.

  • (A) At any time after the electronic version of the document is filed, any party may serve a demand for production of the original signed document. The demand must be served on all other parties but need not be filed with the court.

Cal. Rules of Court, rule 2.259. Actions by court on receipt of electronic filing

  • Personal service of the printed form of a summons transmitted electronically to the electronic filer has the same legal effect as personal service of a copy of an original summons.

  • A complaint or another initial pleading in an action or proceeding that is filed and endorsed electronically may be printed and served on the defendant or respondent in the same manner as if it had been filed in paper form.

Cal. Rules of Court, rule 2.305. Requirements for signatures on documents

  • At any time after filing or service of a signed fax document, any other party may serve a demand for production of the original physically signed document. The demand must be served on all other parties but not filed with the court.

  • A party who files or serves a signed document by fax under the rules in this chapter represents that the original signed document is in the party's possession or control.

  • If a demand for production of the original signed document is made, the parties must arrange a meeting at which the original signed document can be examined.

Cal. Rules of Court, rule 2.306. Service of papers by fax transmission

  • The date and sending fax machine telephone number must be used instead of the date and place of deposit in the mail;

  • A statement that the document was sent by fax transmission and that the transmission was reported as complete and without error must be used instead of the statement that the envelope was sealed and deposited in the mail with the postage thereon fully prepaid;

  • Furnish the first-named plaintiff or petitioner with the party's current fax number for service of notice when it first appears in the action;

  • A court may serve any notice by fax in the same manner that parties may serve papers by fax.

  • A party or attorney agreeing to accept fax service must generally keep the fax machine available from 9 a.m. to 5 p.m. on non-court holidays, but may send other documents and arrange normal maintenance during those hours.

    The rule's wording

    A party or attorney agreeing to accept service by fax must make his or her fax machine generally available for receipt of served documents between the hours of 9 a.m. and 5 p.m. on days that are not court holidays under Code of Civil Procedure section 136. This provision does not prevent the party or attorney from sending other documents by means of the fax machine or providing for normal repair and maintenance of the fax machine during these hours.
  • Proof of service by fax may be made by any of the methods provided in Code of Civil Procedure section 1013(a), except that:

  • Service of papers by fax is ineffective if the transmission does not fully conform to these provisions.

  • Furnish a copy of the list on request to any party or the court.

  • If the party serves an order, notice, or pleading on a party that has not yet appeared in the action, serve a copy of the service list under (1) at the same time that the order, notice, or pleading is served.

  • A copy of the transmission report must be attached to the proof of service and the proof of service must declare that the transmission report was properly issued by the sending fax machine; and

  • Any notice or other document to be served must be transmitted to a fax machine maintained by the person on whom it is served at the fax machine telephone number as last given by that person on any document that the party has filed in the case and served on the party making service.

  • The name and fax machine telephone number of the person served must be used instead of the name and address of the person served as shown on the envelope;

  • Service by fax is complete on transmission of the entire document to the receiving party's fax machine.

  • Maintain a current list of the parties that includes their fax numbers for service of notice on each party;

  • Service by fax transmission is permitted only if the parties agree and a written confirmation of that agreement is made.

Cal. Rules of Court, rule 2.551. Procedures for filing records under seal

  • A copy of the motion or application must be served on all parties that have appeared in the case.

  • If a party's attorney but not the party has access to the record, only the party's attorney may be served with the complete, unredacted version.

  • Notice of any motion, application, or petition to unseal must be filed and served on all parties in the case.

  • Unless the court orders otherwise, any party that already has access to the records to be placed under seal must be served with a complete, unredacted version of all papers as well as a redacted version. Other parties must be served with only the public redacted version.

  • Give written notice to the party that produced the records that the records and the other documents lodged under (i) will be placed in the public court file unless that party files a timely motion or application to seal the records under this rule.

Cal. Rules of Court, rule 2.576. Access to name of the petitioner

  • A determination under (a) must be made by noticed motion, with service by mail on the confidential name change petitioner in care of the Secretary of State's address confidentiality program as stated in Government Code section 6206(a)(5)(A).

Cal. Rules of Court, rule 2.816. Stipulation to court-appointed temporary judge

  • (3) The application or motion must be served and filed, and the moving party must provide a copy to the presiding judge.

Cal. Rules of Court, rule 2.831. Temporary judge-stipulation, order, oath, assignment, disclosure, and disqualification

  • Notice of the motion must be served and filed, and the moving party must provide a copy to the temporary judge.

Cal. Rules of Court, rule 2.834. Open proceedings; notices of proceedings, use of court facilities, and order for hearing site

  • The application must state facts showing good cause for granting the application, and must be served on all parties and the temporary judge and filed with the court.

Cal. Rules of Court, rule 2.835. Motions or applications to be heard by the court

  • A motion for leave to file a complaint for intervention in a case pending before a temporary judge requested by the parties must be filed with the court and served on all parties and the temporary judge.

  • A motion or application to seal records in a case pending before a temporary judge requested by the parties must be filed with the court and must be served on all parties that have appeared in the case and the temporary judge.

Cal. Rules of Court, rule 2.900. Submission of a cause in a trial court

  • The court may vacate submission only by issuing an order served on the parties stating reasons constituting good cause and providing for resubmission.

Cal. Rules of Court, rule 2.952. Electronic recording as official record of proceedings

  • In a civil case without a stipulation and approval under (1), the appellant must serve the directions to the clerk within 10 days after filing the notice of appeal.

    The rule's wording

    In the absence of a stipulation and approval under (1), the appellant must, within 10 days after filing a notice of appeal in a civil case, serve and file with the clerk directions indicating the portions of the oral proceedings to be transcribed and must, at the same time, deposit with the clerk the approximate cost computed as specified in rule 8.130.

Cal. Rules of Court, rule 2.1010. Juror motion to set aside sanctions imposed by default

  • The court must provide a copy of this rule to the prospective juror against whom sanctions have been imposed.

Cal. Rules of Court, rule 2.1040. Electronic recordings presented or offered into evidence

  • Except as provided in (2) and (3), before presenting or offering a recording not covered under (a), the party must provide its transcript to the court and opposing parties and a duplicate recording to opposing parties.

    The rule's wording

    Except as provided in (2) and (3), before a party may present or offer into evidence any electronic sound or sound-and-video recording not covered under (a), the party must provide to the court and to opposing parties a transcript of the electronic recording and provide opposing parties with a duplicate of the electronic recording, as defined in Evidence Code section 260.
  • Except as provided in (3), the party presenting or offering a recording under (1) must serve and file the transcript cover and testimony pages by the later of the close of evidence or five days after the recording is presented or offered.

    The rule's wording

    Except as provided in (3), at the time the presentation of evidence closes or within five days after the recording in (1) is presented or offered into evidence, whichever is later, the party presenting or offering the recording into evidence must serve and file a copy of the transcript cover showing the witness name and a copy of the pages of the transcript where the testimony presented or offered appears.

Cal. Rules of Court, rule 2.1100. Notice when statute or regulation declared unconstitutional

  • Within 10 days after a court has entered judgment in a contested action or special proceeding in which the court has declared unconstitutional a state statute or regulation, the prevailing party, or as otherwise ordered by the court, must serve a copy of the judgment and a notice of entry of judgment on the Attorney General and file a proof of service with the court.

Cal. Rules of Court, rule 3.36. Notice of limited scope representation and application to be relieved as attorney

  • A party and an attorney may provide notice of their agreement to limited scope representation by serving and filing a Notice of Limited Scope Representation (form CIV-150).

  • If no objection is served and filed and the proposed order is signed under (f), the attorney who filed the Application to Be Relieved as Attorney on Completion of Limited Scope Representation (form CIV-151) must serve a copy of the signed order on the client and on all parties or the attorneys for all parties who have appeared in the case.

  • The application to be relieved as attorney must be filed with the court and served on the client and on all other parties or attorneys for parties in the case.

  • After the notice in (a) is received and until either a substitution of attorney or an order to be relieved as attorney is filed and served, papers in the case must be served on both the attorney providing the limited scope representation and the client.

  • The clerk must send the notice of the hearing to the parties and the attorney.

  • The client must also be served with a blank Objection to Application to Be Relieved as Attorney on Completion of Limited Scope Representation (form CIV-152).

Cal. Rules of Court, rule 3.53. Application granted unless acted on by the court

  • If an initial fee-waiver application is deemed granted, the clerk must serve the applicable waiver notice five court days after the application is filed.

    The rule's wording

    If the application is deemed granted under this provision, the clerk must prepare and serve a Notice: Waiver of Court Fees (Superior Court) (form FW-005) or, if the application is made for the benefit of a (proposed) ward or conservatee, a Notice: Waiver of Court Fees (Superior Court) (Ward or Conservatee) (form FW-005-GC), five court days after the application is filed.

Cal. Rules of Court, rule 3.110. Time for service of complaint, cross-complaint, and response

  • Responsive papers to an order to show cause issued under this rule must be filed and served at least 5 calendar days before the hearing.

  • The complaint must be served on all named defendants and proofs of service on those defendants must be filed with the court within 60 days after the filing of the complaint.

  • When the complaint is amended to add a defendant, the added defendant must be served and proof of service must be filed within 30 days after the filing of the amended complaint.

  • A cross-complaint against a party who has appeared in the action must be accompanied by proof of service of the cross-complaint at the time it is filed.

  • If the cross-complaint adds new parties, the cross-complaint must be served on all parties and proofs of service on the new parties must be filed within 30 days of the filing of the cross-complaint.

Cal. Rules of Court, rule 3.220. Case cover sheet

  • If the plaintiff indicates on the cover sheet that the case is complex under rule 3.400 et seq., or a collections case under rule 3.740, the plaintiff must serve a copy of the cover sheet with the complaint. In all other cases, the plaintiff is not required to serve the cover sheet.

Cal. Rules of Court, rule 3.221. Information about alternative dispute resolution

  • In all general civil cases, the plaintiff must serve a copy of the ADR information package on each defendant together with the complaint.

  • Cross-complainants must serve a copy of the ADR information package on any new parties to the action together with the cross-complaint.

Cal. Rules of Court, rule 3.222. Papers to be served on cross-defendants

  • A cross-complainant must serve a copy of the complaint or, if it has been amended, the most recently amended complaint and any answers thereto on cross-defendants who have not previously appeared.

Cal. Rules of Court, rule 3.250. Limitations on the filing of papers

  • (2) The original of a response must be served, and it must be retained by the person upon whom it is served.

  • (1) Unless the paper served is a response, the party who serves a paper listed in (a) must retain the original with the original proof of service affixed. If served electronically under rule 2.251, the proof of electronic service must meet the requirements in rule 2.251(i).

Cal. Rules of Court, rule 3.252. Service of papers on the clerk when a party's address is unknown

  • When service is made under Code of Civil Procedure section 1011(b) and a party's residence address is unknown, the notice or papers delivered to the clerk, or to the judge if there is no clerk, must be enclosed in an envelope addressed to the party in care of the clerk or the judge.

Cal. Rules of Court, rule 3.254. List of parties

  • Maintain a current list of the parties and their addresses for service of notice on each party;

  • If it serves an order, notice, or pleading on a party who has not yet appeared in the action, serve a copy of the list required under (a) at the same time as the order, notice, or pleading is served.

  • Furnish the first-named plaintiff or petitioner with any changes in its address for service of notice; and

  • Furnish the first-named plaintiff or petitioner with its current address for service of notice when it first appears in the action;

  • Furnish a copy of the list on request to any party or the court.

Cal. Rules of Court, rule 3.300. Related cases

  • (2) Direct counsel for a party to file the notice in all pending cases and serve a copy on all parties.

  • The response must be filed in all pending cases listed in the notice and must be served on all parties in those cases.

  • (b) Duty to provide notice Whenever a party in a civil action knows or learns that the action or proceeding is related to another action or proceeding pending, dismissed, or disposed of by judgment in any state or federal court in California, the party must serve and file a Notice of Related Case.

  • (d) Service and filing of notice The Notice of Related Case must be filed in all pending cases listed in the notice and must be served on all parties in those cases.

  • The duties under (b)-(e) continue when a party files a case knowing of a related action or proceeding and whenever the party later learns of one.

    The rule's wording

    (f) Continuing duty to provide notice The duty under (b)-(e) is a continuing duty that applies when a party files a case with knowledge of a related action or proceeding, and that applies thereafter whenever a party learns of a related action or proceeding.
  • (k) Exception A party is not required to serve and file Notice of Related Case under this rule if another party has already filed a notice and served all parties under this rule on the same case.

  • (1) File a notice of the order in all pending cases and serve a copy of the notice on all parties listed in the Notice of Related Case; or

Cal. Rules of Court, rule 3.350. Consolidation of cases

  • (B) Must be served on all attorneys of record and all nonrepresented parties in all of the cases sought to be consolidated;

Cal. Rules of Court, rule 3.401. Complex case designation

  • filing and serving with the initial complaint the Civil Case Cover Sheet (form CM-010) marked to indicate that the action is a complex case.

Cal. Rules of Court, rule 3.402. Complex case counterdesignations

  • A defendant may file and serve no later than its first appearance a counter Civil Case Cover Sheet (form CM-010) designating the action as a complex case.

  • If a Civil Case Cover Sheet (form CM-010) designating an action as a complex case has been filed and served and the court has not previously declared the action to be a complex case, a defendant may file and serve no later than its first appearance a counter Civil Case Cover Sheet (form CM-010) designating the action as not a complex case.

Cal. Rules of Court, rule 3.500. Transfer and consolidation of noncomplex common-issue actions filed in different courts

  • send it to the Judicial Council and to the presiding judge of the court from which each case is to be transferred.

  • promptly serve the order on all parties to each case

Cal. Rules of Court, rule 3.501. Definitions

  • When a notice or other paper must be given or served on a party to an included or coordinated action, it must be given or served on that party's attorney of record, if any.

    The rule's wording

    (13) "Party" includes all parties to all included actions or coordinated actions, and the word "party," "petitioner," or any other designation of a party includes that party's attorney of record. When a notice or other paper is required to be given or served on a party, the notice or paper must be given to or served on the party's attorney of record, if any.
  • A paper submitted to an assigned judge under this chapter must go to a designated court address with proof of prior service, but must instead be submitted to the Chair of the Judicial Council if there is no assigned judge or the paper is a type included in rule 3.511(a).

    The rule's wording

    (17) "Serve and submit" means that a paper to be submitted to an assigned judge under the rules in this chapter must be submitted to that judge at a designated court address. Every paper so submitted must be accompanied by proof of prior service on each party required to be served under the rules in this chapter. If there is no assigned judge or if the paper is of a type included in rule 3.511(a), the paper must be submitted to the Chair of the Judicial Council.
  • (A) To receive on behalf of and promptly distribute to the parties for whom he or she acts all notices and other documents from the court;

  • (16) "Serve and file" means that a paper filed in a court must be accompanied by proof of prior service of a copy of the paper on each party required to be served under the rules in this chapter.

Cal. Rules of Court, rule 3.503. Requests for extensions of time or to shorten time

  • Unless otherwise ordered, any motion or application for an extension of time to perform an act required by these rules must be served and submitted in accordance with rule 3.501(17).

Cal. Rules of Court, rule 3.506. Liaison counsel

  • Except as otherwise directed by the assigned judge, any party that has made a written request for special notice must be served with a copy of any document thereafter served on the party's liaison counsel.

Cal. Rules of Court, rule 3.510. Service of papers

  • Except as provided in rule 3.506(c), any party for whom liaison counsel has been designated may be served by serving the liaison counsel.

  • A failure to serve specified documents does not prevent coordination, but an unserved defendant or party may assert the failure as a basis for appropriate relief.

    The rule's wording

    Failure to serve any defendant with a copy of the summons and of the complaint, or failure to serve any party with any other paper or order as required by the rules in this chapter, will not preclude the coordination of the actions, but the unserved defendant or party may assert the failure to serve as a basis for appropriate relief.
  • Except as otherwise provided in the rules in this chapter, all papers filed or submitted must be accompanied by proof of prior service on all other parties to the coordination proceeding, including all parties appearing in all included actions and coordinated actions. Service and proof of such service must be made as provided for in civil actions generally.

Cal. Rules of Court, rule 3.512. Electronic submission of documents to the Chair of the Judicial Council

  • (3) At any time after the document is submitted, any other party may serve a demand for production of the original signed document. The demand must be served on all other parties but need not be filed with the court.

Cal. Rules of Court, rule 3.513. Service of memorandums and declarations

  • Unless otherwise provided in the rules in this chapter or directed by the assigned judge, all memorandums and declarations in support of or opposition to any petition, motion, or application must be served and submitted at least nine court days before any hearing on the matter at issue.

Cal. Rules of Court, rule 3.515. Motions and orders for a stay

  • Any memorandums and declarations in opposition to a motion for a stay order must be served and submitted within 10 days after service of the motion.

  • and any such party may serve and submit opposition to the motion for a stay order.

  • If the action to be stayed is not included in the petition for coordination or any response to that petition, the motion for a stay order and all supporting documents must be served on each party to the action to be stayed

  • If the coordination motion judge grants the request for a hearing, the requesting party must provide notice.

  • If a stay order is issued, the party that requested the stay must serve and file a copy of the order in each included action that is stayed.

Cal. Rules of Court, rule 3.520. Motions filed in the trial court

  • If permission to submit a petition is granted, the moving party must serve and file the signed order and submit it to the Chair of the Judicial Council.

Cal. Rules of Court, rule 3.521. Petition for coordination

  • Within five court days after submitting the petition, the petitioner must submit to the Chair proof of service of the notice of submission and the petition required by rule 3.523.

    The rule's wording

    Within five court days of submitting the petition for coordination, the petitioner must submit to the Chair of the Judicial Council proof of filing of the notice of submission of petition required by rule 3.522, and proof of service of the notice of submission of petition and of the petition required by rule 3.523.

Cal. Rules of Court, rule 3.522. Notice of submission of petition for coordination

  • (4) The statement that any written opposition to the petition must be submitted and served at least nine court days before the hearing date.

Cal. Rules of Court, rule 3.523. Service of notice of submission on party

  • The petitioner must serve the notice of submission of petition for coordination that was filed in each included action, the petition for coordination, and supporting documents on each party appearing in each included action and submit the notice to the Chair of the Judicial Council within five court days of submitting the petition for coordination.

Cal. Rules of Court, rule 3.524. Order assigning coordination motion judge

  • The petitioner must serve the order described in (a) on each party appearing in an included action.

    The rule's wording

    (b) Service of order The petitioner must serve the order described in (a) on each party appearing in an included action and send it to each court in which an included action is pending with directions to the clerk to file the order in the included action.

Cal. Rules of Court, rule 3.525. Response in opposition to petition for coordination

  • Any response in opposition must be served and filed at least nine court days before the date set for hearing.

  • Any party to an included action that opposes coordination may serve and submit a memorandum and declarations in opposition to the petition.

Cal. Rules of Court, rule 3.526. Response in support of petition for coordination

  • Any response in support must be served and filed at least nine court days before the date set for hearing.

Cal. Rules of Court, rule 3.527. Notice of hearing on petition for coordination

  • The petitioner must provide notice of the hearing to each party appearing in an included action.

  • If the coordination motion judge determines that a hearing is not required under (b), the hearing date must be vacated and notice provided to the parties.

  • If the coordination motion judge determines that a party that should be served with notice of the petition for coordination has not been served with notice, the coordination motion judge must order the petitioner to promptly serve that party.

Cal. Rules of Court, rule 3.529. Order granting or denying coordination

  • When a petition for coordination is granted or denied, the petitioner must promptly file the order in each included action, serve it on each party appearing in an included action, and submit it to the Chair of the Judicial Council.

Cal. Rules of Court, rule 3.531. Potential add-on case

  • The party must submit notice to the coordination motion judge and the Chair of the Judicial Council and serve it on each party appearing in the included actions in the pending petition and each party appearing in the potential add-on cases.

Cal. Rules of Court, rule 3.532. Petition for coordination when cases already ordered coordinated

  • The petitioner must promptly file the order in each included action, serve it on each party appearing in an included action, and submit a copy to the Chair of the Judicial Council.

Cal. Rules of Court, rule 3.540. Order assigning coordination trial judge

  • The petitioner must serve the assignment order on each party appearing in each coordinated action.

    The rule's wording

    The petitioner must file the assignment order in each coordinated action and serve it on each party appearing in each action, and, if the assignment was made by the presiding judge, submit it to the Chair of the Judicial Council.
  • A copy of the assignment order must be included in any subsequent service of process on any defendant in the action.

Cal. Rules of Court, rule 3.541. Duties of the coordination trial judge

  • At any time following the assignment of the coordination trial judge, a party may serve and submit a proposed agenda for the conference and a proposed form of order covering such matters of procedure and discovery as may be appropriate.

Cal. Rules of Court, rule 3.543. Transfer of action or claim

  • If a party objects to the transfer, the court must hold a hearing on at least 10 days' written notice served on all parties to that action.

  • must serve a copy of the order of transfer on each party appearing in that action.

Cal. Rules of Court, rule 3.544. Add-on cases

  • may allow the parties to serve and submit additional written materials in support of or opposition to the request.

  • Thereafter, within 15 days after submitting a notice of opposition, the party must serve and submit a memorandum and declarations in opposition to the request.

  • An order granting or denying a request to coordinate an add-on case must be served under rule 3.529.

    The rule's wording

    An order granting or denying a request to coordinate an add-on case must be prepared and served under rule 3.529, and an order granting such request automatically stays all further proceedings in the add-on case under rule 3.529.
  • with proof of service of one copy on the Chair of the Judicial Council and proof of service as required by rule 3.510.

  • Within 10 days after the service of a request, any party may serve and submit a notice of opposition to the request.

Cal. Rules of Court, rule 3.545. Termination of coordinated action

  • (2) The appropriate clerks for filing in each pending coordinated action.

  • (1) The clerk of the court in which the action was pending when coordination was ordered, who must promptly enter any judgment and serve notice of entry of the judgment on all parties to the action and on the Chair of the Judicial Council;

Cal. Rules of Court, rule 3.546. Termination of coordination proceeding

  • (2) Notice of intent to make an order terminating the coordination proceeding must be given to all parties to pending coordinated actions in the coordination proceeding, if any, at least 16 court days before issuing the order.

  • (1) The clerk of the court in which any coordinated action was pending when first filed; and

  • (2) The Chair of the Judicial Council.

Cal. Rules of Court, rule 3.650. Duty to notify court and others of stay

  • The notice of stay must be served on all parties who have appeared in the case.

  • Once one party in the action has served and filed a notice of termination or modification of stay, other parties in the action are not required to do so.

  • If that party fails to do so, any other party in the action who has knowledge of the termination or modification of the stay must serve and file a notice of termination or modification of stay.

  • When a stay is vacated, is no longer in effect, or is modified, the party who filed the notice of the stay must immediately serve and file a notice of termination or modification of stay.

  • The party who requested or caused a stay of a proceeding must immediately serve and file a notice of the stay and attach a copy of the order or other document showing that the proceeding is stayed.

Cal. Rules of Court, rule 3.670. Telephone appearance

  • (B) At least two court days before the appearance, notify the court and all other parties of the party's intent to appear by telephone. If the notice is oral, it must be given either in person or by telephone. If the notice is in writing, it must be given by filing a "Notice of Intent to Appear by Telephone" with the court at least two court days before the appearance and by serving the notice by any means authorized by law and reasonably calculated to ensure delivery to the parties at least two court days before the appearance.

  • (4) Any party other than an applicant choosing to appear by telephone at an ex parte appearance under this rule must notify the court and all other parties that have appeared in the action, no later than 2:00 p.m. or the "close of business" (as that term is defined in rule 2.250(b)(10)), whichever is earlier, on the court day before the appearance, of its intent to appear by telephone. If the notice is oral, it must be given either in person or by telephone. If the notice is in writing, it must be given by filing a "Notice of Intent to Appear by Telephone" with the court and by serving the notice on all other parties by any means authorized by law reasonably calculated to ensure delivery to the parties no later than 2:00 p.m. or "the close of business" (as that term is defined in rule 2.250(b)(10)), whichever is earlier, on the court day before the appearance.

  • (B) File and serve the papers in such a way that they will be received by the court and all parties by no later than 10:00 a.m. two court days before the ex parte appearance; and

Cal. Rules of Court, rule 3.672. Remote proceedings

  • Notice to the other parties may be in writing, electronically, or orally in a way reasonably calculated to ensure notice is received no later than 2:00 p.m. on the court day before the proceeding.

  • Notice to the other parties may be provided in writing, electronically, or orally in a way reasonably calculated to ensure notice is received with notice of the moving papers.

  • If any party appears in the case after this notice has been given, form RA-010 must be served on that party.

  • Notice to the other parties may be provided in writing, electronically, or orally in a way reasonably calculated to ensure notice is received no later than two court days before the proceeding.

  • Notice to the other parties may be in writing, electronically, or orally in a way reasonably calculated to ensure notice is received at least 10 court days before the proceeding.

  • Service may be by any means authorized by law.

Cal. Rules of Court, rule 3.680. Service of Notice of Stay and Early Evaluation Conference

  • The defendant who requested a stay and early evaluation conference on a construction-related claim under Civil Code section 55.54 must, within 10 days of issuance of the notice, serve on all other parties the application for stay and any Notice of Stay of Proceedings and Early Evaluation Conference (form DAL-010) issued by the court.

  • Proof of Service-Disability Access Litigation (form DAL-012) may be used to show service of the documents.

  • A proof of service must be filed with the court 15 days before the date set for the early evaluation conference.

Cal. Rules of Court, rule 3.682. Notice of Mandatory Evaluation Conferences

  • The party who requested a mandatory evaluation conference on a construction-related accessibility claim under Civil Code section 55.545 must, within 10 days of issuance of the notice, serve on all other parties the application and any Notice of Mandatory Evaluation Conference (form DAL-020) issued by the court.

Cal. Rules of Court, rule 3.722. Case management conference

  • Notice of the date of the initial case management conference must be given to all parties no later than 45 days before the conference, unless otherwise ordered by the court.

Cal. Rules of Court, rule 3.725. Case Management Statement

  • No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case.

Cal. Rules of Court, rule 3.740. Collections cases

  • The complaint in a collections case must be served on all named defendants, and proofs of service on those defendants must be filed, or the plaintiff must obtain an order for publication of the summons, within 180 days after the filing of the complaint.

  • If a case meets the collections-case definition in (a), the plaintiff must serve form CM-010 with the initial complaint.

    The rule's wording

    If a case meets the definition in (a), a plaintiff must check the case type box on Civil Case Cover Sheet (form CM-010) to indicate that the case is a collections case under rule 3.740 and serve Civil Case Cover Sheet (form CM-010) with the initial complaint.

Cal. Rules of Court, rule 3.751. Electronic service

  • The court may provide in a case management order that documents filed electronically in a central electronic depository available to all parties are deemed served on all parties.

  • Parties may consent to electronic service

  • or the court may require electronic service by local rule or court order, under rule 2.251.

Cal. Rules of Court, rule 3.762. Case conference

  • Within 10 calendar days after receipt of the notice given by the court, the plaintiff must serve a copy of the notice on all parties who have been served in the action, whether they have appeared or not, and must file a declaration of service.

  • Within 10 calendar days after receipt of the notice, the plaintiff must serve a copy on each named party who has not appeared in the action and must file a declaration of service.

  • If notice is given by a defendant, notice must be served only on the parties who have appeared.

  • If notice is given by a named plaintiff, notice must be served on all named parties to the action.

  • The notice must be filed and served on the parties at least 20 calendar days before the scheduled date of the conference.

Cal. Rules of Court, rule 3.764. Motion to certify or decertify a class or amend or modify an order certifying a class

  • Any opposition to the motion must be served and filed at least 20 calendar days before the noticed or continued hearing, unless the court for good cause orders otherwise.

  • Any reply to the opposition must be served and filed at least 11 calendar days before the noticed or continued date of the hearing, unless the court for good cause orders otherwise.

  • Notice of a motion to certify or decertify a class or to amend or modify a certification order must be served on all parties to the action and filed at least 34 calendar days before the date set for hearing.

Cal. Rules of Court, rule 3.766. Notice to class members

  • If the class is certified, the court may require either party to notify the class of the action in the manner specified by the court.

  • If personal notice is unreasonably expensive, individual stakes are insubstantial, or it appears that personal notice cannot reach all class members, the court may order another means reasonably calculated to inform the class about the pending action, including the listed examples.

    The rule's wording

    If personal notification is unreasonably expensive or the stake of individual class members is insubstantial, or if it appears that all members of the class cannot be notified personally, the court may order a means of notice reasonably calculated to apprise the class members of the pendency of the action-for example, publication in a newspaper or magazine; broadcasting on television, radio, or the Internet; or posting or distribution through a trade or professional association, union, or public interest group.

Cal. Rules of Court, rule 3.768. Discovery from unnamed class members

  • (3) A deposition for production of business records and things.

  • A party may not serve interrogatories on a member of a class who is not a party representative or who has not appeared, without a court order.

  • (2) A written deposition; and

  • (1) An oral deposition;

Cal. Rules of Court, rule 3.769. Settlement of class actions

  • If the court has certified the action as a class action, notice of the final approval hearing must be given to the class members in the manner specified by the court.

Cal. Rules of Court, rule 3.770. Dismissal of class actions

  • If class certification has not been decided or required pendency notice was not provided, the court may allow proposed-dismissal notice to specified class members or permit dismissal without notice if it finds no prejudice.

    The rule's wording

    If the court has not ruled on class certification, or if notice of the pendency of the action has not been provided to class members in a case in which such notice was required, notice of the proposed dismissal may be given in the manner and to those class members specified by the court, or the action may be dismissed without notice to the class members if the court finds that the dismissal will not prejudice them.
  • If the court has certified the class, and notice of the pendency of the action has been provided to class members, notice of the dismissal must be given to the class in the manner specified by the court.

  • If the request is disapproved, notice of tentative disapproval must be sent to the attorneys of record.

Cal. Rules of Court, rule 3.771. Judgment

  • Notice of the judgment must be given to the class in the manner specified by the court.

Cal. Rules of Court, rule 3.815. Selection of the arbitrator

  • The stipulation to an arbitrator must be served and filed no later than 10 days after the case has been set for arbitration under rule 3.812.

Cal. Rules of Court, rule 3.816. Disqualification for conflict of interest

  • A copy of any request by a party for the disqualification of an arbitrator under Code of Civil Procedure section 170.1 or 170.6 must be sent to the ADR administrator.

Cal. Rules of Court, rule 3.823. Rules of evidence at arbitration hearing

  • (ii) Not less than 20 days before the hearing the proponent of the deposition delivered to all opposing parties notice of intention to offer the deposition in evidence.

  • If service is in the manner provided by Code of Civil Procedure section 1013, the times prescribed in this rule are increased as provided by that section.

  • (A) The arbitrator must receive them in evidence if copies have been delivered to all opposing parties at least 20 days before the hearing.

  • If service is by electronic means, the times prescribed in this rule for delivery of documents, notices, and demands are increased as provided by Code of Civil Procedure section 1010.6.

  • For purposes of this rule, "delivery" of a document or notice may be accomplished manually, by electronic means under Code of Civil Procedure section 1010.6 and rule 2.251, or in the manner provided by Code of Civil Procedure section 1013.

  • (C) No opposing party has, at least 10 days before the hearing, delivered to the proponent of the evidence a written demand that the witness be produced in person to testify at the hearing.

  • (B) Copies have been delivered to all opposing parties at least 20 days before the hearing; and

Cal. Rules of Court, rule 3.825. The award

  • Within 10 days after the conclusion of the arbitration hearing, the arbitrator must file the award with the clerk, with proof of service on each party to the arbitration.

  • Within the time for filing the award, the arbitrator may file and serve an amended award.

Cal. Rules of Court, rule 3.826. Trial after arbitration

  • Within 60 days after the arbitration award is filed with the clerk of the court, a party may request a trial by filing with the clerk a request for trial, with proof of service of a copy upon all other parties appearing in the case.

Cal. Rules of Court, rule 3.827. Entry of award as judgment

  • Promptly after entry of the award as a judgment, the clerk must serve notice of entry on all parties who appeared in the case.

    The rule's wording

    Promptly upon entry of the award as a judgment, the clerk must serve notice of entry of judgment on all parties who have appeared in the case and must execute a certificate of service and place it in the court's file in the case.

Cal. Rules of Court, rule 3.828. Vacating judgment on award

  • The motion must be heard after notice to the adverse parties and arbitrator.

    The rule's wording

    The motion must be heard upon notice to the adverse parties and to the arbitrator, and may be granted only upon clear and convincing evidence that the grounds alleged are true, and that the motion was made as soon as practicable after the moving party learned of the existence of those grounds.

Cal. Rules of Court, rule 3.894. Attendance, participant lists, and mediation statements

  • At least five court days before the first mediation session, each party must serve a list of its mediation participants on the mediator and all other parties.

  • A party must promptly serve a supplemental list if the party subsequently determines that other persons will attend the mediation with or on behalf of the party.

  • The party, attorney, or representative who is excused or permitted to attend by telephone must promptly send a letter or an electronic communication to the mediator and to all parties confirming the excuse or permission.

Cal. Rules of Court, rule 3.895. Filing of Statement of Agreement or Nonagreement by mediator

  • Within 10 days after conclusion of the mediation, or by another date set by the court, the mediator must complete, serve on all parties, and file a Statement of Agreement or Nonagreement (form ADR-100).

Cal. Rules of Court, rule 3.905. Objections to the appointment

  • The objection must be served on all parties and the referee and filed with the court.

Cal. Rules of Court, rule 3.906. Motion to withdraw stipulation

  • Notice of the motion must be served on all parties and the referee and filed with the court.

Cal. Rules of Court, rule 3.921. Motion for appointment of a referee

  • A motion by a party for the appointment of a referee under Code of Civil Procedure section 639 must be served and filed.

Cal. Rules of Court, rule 3.931. Open proceedings, notice of proceedings, and order for hearing site

  • The application must state facts showing good cause for granting the application, must be served on all parties and the referee, and filed with the court.

Cal. Rules of Court, rule 3.932. Motions or applications to be heard by the court

  • A motion for leave to file a complaint for intervention in a case pending before a referee must be filed with the court and served on all parties and the referee.

  • A motion or application to seal records in a case pending before a referee must be filed with the court and served on all parties that have appeared in the case and the referee.

Cal. Rules of Court, rule 3.1010. Oral depositions by telephone, videoconference, or other remote electronic means

  • (1) Notice is served with the notice of deposition or the subpoena;

  • (3) Any party or attorney of record may be physically present at the deposition at the location of the deponent with written notice of such appearance served by personal delivery, email, or fax, at least five court days before the deposition, and subject to Code of Civil Procedure section 2025.420. An attorney for the deponent may be physically present with the deponent without notice.

  • (1) Written notice of such appearance is served by personal delivery, e-mail, or fax at least five court days before the deposition;

Cal. Rules of Court, rule 3.1109. Notice of determination of submitted matters

  • The notification, which must specifically identify the matter ruled on, may be given by serving electronically or mailing the parties a copy of the ruling, order, or judgment, and it constitutes service of notice only if the clerk is required to give notice under Code of Civil Procedure section 664.5.

Cal. Rules of Court, rule 3.1112. Motions-and other pleadings

  • The timing and place of the filing and service of the motion are at the discretion of the trial judge.

Cal. Rules of Court, rule 3.1113. Memorandum

  • A party may apply to the court ex parte but with written notice of the application to the other parties, at least 24 hours before the memorandum is due, for permission to file a longer memorandum.

  • A party filing a motion, except for a motion listed in rule 3.1114, must serve and file a supporting memorandum.

  • If a proposed order or judgment is submitted, it must be lodged and served with the moving papers but must not be attached to them.

  • Upon the request of a party to the action, any party citing any authority other than California cases, statutes, constitutional provisions, or state or local rules must promptly provide a copy of such authority to the requesting party.

Cal. Rules of Court, rule 3.1150. Preliminary injunctions and bonds

  • A party requesting a preliminary injunction may give notice of the request to the opposing or responding party either by serving a noticed motion under Code of Civil Procedure section 1005 or by obtaining and serving an order to show cause (OSC).

  • If the responding party has not appeared, the OSC must be served in the same manner as a summons and complaint.

Cal. Rules of Court, rule 3.1160. Requests for protective orders to prevent civil harassment, workplace violence, private postsecondary school violence, retail crime, and elder or dependent adult abuse

  • (2) The court may specify another method of service for a request for a civil harassment protective order brought under Code of Civil Procedure section 527.6 if the court determines that the petitioner has been unable to accomplish personal service, and that there is reason to believe that the respondent is evading service or cannot be located.

  • (1) the request for a protective order, notice of hearing, and any temporary restraining order, must be personally served on the respondent at least five days before the hearing, unless the court for good cause orders a shorter time. Service must be made in the manner provided by law for personal service of summons in civil actions.

  • Except for a request under Penal Code section 490.8, if a written response is served on the petitioner or, if the petitioner is represented, on the petitioner’s attorney at least two days before the hearing, the petitioner is not entitled to a continuance on account of the response.

Cal. Rules of Court, rule 3.1161. Request to make minor's information confidential in civil harassment protective order proceedings

  • If the response form contains confidential information, service must be done as soon as possible after the response form has been redacted.

  • If confidentiality is denied and the restraining-order request has not been withdrawn, or an action between the same parties is pending, forms CH-160 and CH-165 must be served on the other party or, if the requester is not a party, both parties.

    The rule's wording

    (ii) If a request for confidentiality is denied and the request for restraining order has not been withdrawn, or if an action between the same parties is pending before the court, then the Request to Keep Minor's Information Confidential (form CH-160) and Order on Request to Keep Minor's Information Confidential (form CH-165) must be served on the other party, or both parties if the person making the request for confidentiality is not a party to the action.
  • Within 10 days after form CH-176 is filed, the clerk must serve the specified forms by first-class mail on the minor or legal guardian who requested confidentiality.

    The rule's wording

    (ii) Within 10 days after filing form CH-176 with the clerk, the clerk must serve, by first-class mail, the following documents on the minor or legal guardian who made the request to keep the minor's information confidential: a. Cover Sheet for Confidential Information (form CH-175); b. Request for Release of Minor's Confidential Information (form CH-176); c. Notice of Request for Release of Minor's Confidential Information (form CH-177); d. Response to Request for Release of Minor's Confidential Information (form CH-178) (blank copy); e. Order on Request for Release of Minor's Confidential Information (form CH-179).
  • If release is denied based on the pleadings, the court must mail form CH-179 to the CH-176 filer and confidentiality requester; parties present at the hearing may be served in court.

    The rule's wording

    c. Service If the court denies the request for release of information based on the pleadings, the court must mail a copy of form CH-179 to the person who filed form CH-176 and the person who made the request to keep the minor's information confidential. Parties may be served in court if present at the hearing.
  • If confidentiality is denied, the restraining-order request is withdrawn, and no other action is pending, forms CH-160 and CH-165 must not be served on the other party or, if the requester is not a party, on either party.

    The rule's wording

    (i) If a request for confidentiality is denied and the request for restraining order has been withdrawn, and if no other action is pending before the court in the case, then the Request to Keep Minor's Information Confidential (form CH-160) and Order on Request to Keep Minor's Information Confidential (form CH-165) must not be served on the other party, or both parties if the person making the request for confidentiality is not a party to the action.
  • If release is granted based on the pleadings, the court must mail form CH-179 to the CH-176 filer and confidentiality requester; parties present at the hearing may be served in court.

    The rule's wording

    c. Service If the court grants the request for release of information based on the pleadings, the court must mail a copy of form CH-179 to the person who filed form CH-176 and the person who made the request to keep the minor's information confidential. Parties may be served in court if present at the hearing.
  • The release request may be decided in whole or in part without a hearing, or heard on at least 10 days' notice to both specified requesters; any hearing must be confidential.

    The rule's wording

    (C) Rulings The request may be granted or denied in whole or in part without a hearing. Alternatively, the court may set the matter for hearing on at least 10 days' notice to the person who made the request for release of confidential information and the person who made the request for confidential information. Any hearing must be confidential.
  • A person filing form CH-178 must serve it on the release requester before filing it with the court, unless the response contains confidential information.

    The rule's wording

    (ii) The person filing a response must serve a copy of the response (form CH-178) on the person requesting release of confidential information. Service must occur before filing the response form with the court unless the response form contains confidential information.
  • When confidentiality is granted, the other party—or both parties if the requester is not a party—must be served with forms CH-160, CH-165, and CH-170, redacted if required under (f)(4).

    The rule's wording

    (D) Service The other party, or both parties if the person making the request for confidentiality is not a party to the action, must be served with a copy of the Request to Keep Minor's Information Confidential (form CH-160), Order on Request to Keep Minor's Information Confidential (form CH-165) and Notice of Order Protecting Information of Minor (form CH-170), redacted if required under (f)(4).

Cal. Rules of Court, rule 3.1162. Service requirement for respondents who appear remotely

  • If the respondent named in an order issued after hearing appears at that hearing through the use of remote technology, and through that appearance has received actual notice of the existence and substance of the restraining order after hearing, no additional proof of service is required for enforcement of the order.

Cal. Rules of Court, rule 3.1176. Confirmation of ex parte appointment of receiver

  • (4) A memorandum supporting the application.

  • Service must be made as soon as reasonably practical, but no later than 5 days after the date on which the order to show cause is issued, unless the court orders another time for service.

  • (3) Any declarations supporting the application; and

  • (1) A copy of the complaint if not previously served;

  • (2) The order to show cause stating the date, time, and place of the hearing;

Cal. Rules of Court, rule 3.1183. Interim fees and objections

  • must be delivered to the receiver and all parties entitled to service of the interim report and accounting.

Cal. Rules of Court, rule 3.1184. Receiver's final account and report

  • Notice of the motion or of the stipulation must be given to every person or entity known to the receiver to have a substantial, unsatisfied claim that will be affected by the order or stipulation, whether or not the person or entity is a party to the action or has appeared in it.

Cal. Rules of Court, rule 3.1203. Time of notice to other parties

  • A party seeking an ex parte order in an unlawful detainer proceeding may provide shorter notice than required under (a) provided that the notice given is reasonable.

  • A party seeking an ex parte order must notify all parties no later than 10:00 a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice.

Cal. Rules of Court, rule 3.1206. Service of papers

  • Parties appearing at the ex parte hearing must serve the ex parte application or any written opposition on all other appearing parties at the first reasonable opportunity. Absent exceptional circumstances, no hearing may be conducted unless such service has been made.

Cal. Rules of Court, rule 3.1300. Time for filing and service of motion papers

  • Unless otherwise ordered or specifically provided by law, all moving and supporting papers must be served and filed in accordance with Code of Civil Procedure section 1005 and, when applicable, the statutes and rules providing for electronic filing and service.

  • Proof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing.

Cal. Rules of Court, rule 3.1306. Evidence at hearing

  • When the statement is filed less than five court days before the hearing, the filing party must serve a copy on the other parties in a manner to assure delivery to the other parties no later than two days before the hearing.

  • A party requesting judicial notice of material under Evidence Code sections 452 or 453 must provide the court and each party with a copy of the material.

Cal. Rules of Court, rule 3.1312. Preparation and submission of proposed order

  • (2) A version of the proposed order in an editable word-processing format must also be sent electronically to the court, with a copy of the e-mail and proposed order also being sent to all parties in the action.

  • Within five days after service, the other party or parties must notify the prevailing party as to whether or not the proposed order is so approved. The opposing party or parties must state any reasons for disapproval.

  • Unless the parties waive notice or the court orders otherwise, the party prevailing on any motion must, within five days of the ruling, serve by any means authorized by law and reasonably calculated to ensure delivery to the other party or parties no later than the close of the next business day a proposed order for approval as conforming to the court's order.

  • Failure to notify the prevailing party within the time required shall be deemed an approval.

Cal. Rules of Court, rule 3.1320. Demurrers

  • A party filing a demurrer must serve the hearing notice with the demurrer; if service is electronic, the cited electronic-service provisions apply.

    The rule's wording

    A party filing a demurrer must serve and file therewith a notice of hearing that must specify a hearing date in accordance with the provisions of Code of Civil Procedure section 1005 and, if service is by electronic means, in accordance with the requirements of Code of Civil Procedure section 1010.6(a)(4) and rule 2.251(h)(2).

Cal. Rules of Court, rule 3.1327. Motions to quash or to stay action in summary proceeding involving possession of real property

  • In an unlawful detainer action or another action under the cited chapter, notice of a motion to quash for lack of jurisdiction or to stay or dismiss for inconvenient forum must comply with the cited Code of Civil Procedure sections.

    The rule's wording

    In an unlawful detainer action or other action brought under chapter 4 of title 3 of part 3 of the Code of Civil Procedure (commencing with section 1159), notice of a motion to quash service of summons on the ground of lack of jurisdiction or to stay or dismiss the action on the ground of inconvenient forum must be given in compliance with Code of Civil Procedure sections 1010.6 or 1013 and 1167.4.
  • Service must be by personal delivery, electronic service, fax transmission, express mail, or other means consistent with Code of Civil Procedure sections 1010, 1010.6, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties no later than the close of business on the court day before the hearing.

Cal. Rules of Court, rule 3.1335. Motion or application to advance, specially set, or reset trial date

  • The request may be granted only upon an affirmative showing by the moving party of good cause based on a declaration served and filed with the motion or application.

Cal. Rules of Court, rule 3.1340. Motion for discretionary dismissal after two years for delay in prosecution

  • If the court intends to dismiss an action on its own motion, the clerk must set a hearing on the dismissal and send notice to all parties at least 20 days before the hearing date.

Cal. Rules of Court, rule 3.1342. Motion to dismiss for delay in prosecution

  • Within five days after service of the response, if any, the opposing party may serve and file a reply.

  • Within 15 days after service of the written opposition, if any, the moving party may serve and file a response.

  • A party seeking dismissal of a case under Code of Civil Procedure sections 583.410-583.430 must serve and file a notice of motion at least 45 days before the date set for hearing of the motion.

  • Within 15 days after service of the notice of motion, the opposing party may serve and file a written opposition.

Cal. Rules of Court, rule 3.1345. Format of discovery motions

  • The separate statement must be served with the discovery motion.

    The rule's wording

    A separate statement is a separate document filed and served with the discovery motion that provides all the information necessary to understand each discovery request and all the responses to it that are at issue.

Cal. Rules of Court, rule 3.1346. Service of motion papers on nonparty deponent

  • A written notice and all moving papers supporting a motion to compel an answer to a deposition question or to compel production of a document or tangible thing from a nonparty deponent must be personally served on the nonparty deponent unless the nonparty deponent agrees to accept service by mail or electronic service at an address or electronic service address specified on the deposition record.

Cal. Rules of Court, rule 3.1347. Discovery motions in summary proceeding involving possession of real property

  • In an unlawful detainer action or other action brought under chapter 4 of title 3 of part 3 of the Code of Civil Procedure (commencing with section 1159), notice of a discovery motion must be given in compliance with Code of Civil Procedure sections 1010.6 or 1013 and 1170.8.

  • Service must be by personal delivery, electronic service, fax transmission, express mail, or other means consistent with Code of Civil Procedure sections 1010, 1010.6, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties no later than the close of business on the court day before the hearing.

Cal. Rules of Court, rule 3.1351. Motions for summary judgment in summary proceeding involving possession of real property

  • In an unlawful detainer action or other action brought under chapter 4 of title 3 of part 3 of the Code of Civil Procedure (commencing with section 1159), notice of a motion for summary judgment must be given in compliance with Code of Civil Procedure sections 1010.6 or 1013 and 1170.7.

  • When a party seeks advance consideration of a written opposition, it must be served on or before the court day before the hearing by a listed or otherwise qualifying method calculated to ensure delivery by close of business that day.

    The rule's wording

    If a party seeks to have a written opposition considered in advance of the hearing, the written opposition must be filed and served on or before the court day before the hearing. Service must be by personal delivery, electronic service, fax transmission, express mail, or other means consistent with Code of Civil Procedure sections 1010, 1010.6, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties no later than the close of business on the court day before the hearing.

Cal. Rules of Court, rule 3.1354. Written objections to evidence

  • Unless otherwise excused by the court on a showing of good cause, all written objections to evidence in support of or in opposition to a motion for summary judgment or summary adjudication must be served and filed at the same time as the objecting party's opposition or reply papers are served and filed.

Cal. Rules of Court, rule 3.1362. Motion to be relieved as counsel

  • The notice of motion and motion, the declaration, and the proposed order must be served on the client and on all other parties who have appeared in the case.

  • The court may delay the effective date of the order relieving counsel until proof of service of a copy of the signed order on the client has been filed with the court.

  • If the service is by mail, Code of Civil Procedure section 1011(b) applies.

  • Merely demonstrating that the notice was sent to the client's last known address and was not returned or no electronic delivery failure message was received is not, by itself, sufficient to demonstrate that the address is current.

  • As used in this rule, "current" means that the address was confirmed within 30 days before the filing of the motion to be relieved.

  • After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case.

  • The notice may be by personal service, electronic service, or mail.

Cal. Rules of Court, rule 3.1372. Petitions for relief from financial obligations during military service

  • Service of the petition for relief and all supporting papers must be made in the manner provided by law for service of summons in civil actions.

Cal. Rules of Court, rule 3.1380. Mandatory settlement conferences

  • No later than five court days before the initial date set for the settlement conference, each party must submit to the court and serve on each party a mandatory settlement conference statement containing:

Cal. Rules of Court, rule 3.1385. Duty to notify court and others of settlement of entire case

  • Each plaintiff or other party seeking affirmative relief must also immediately give oral notice to all of the above if a hearing, conference, or trial is scheduled to take place within 10 days.

  • If an entire case is settled or otherwise disposed of, each plaintiff or other party seeking affirmative relief must immediately file written notice of the settlement or other disposition with the court and serve the notice on all parties and any arbitrator or other court-connected alternative dispute resolution (ADR) neutral involved in the case.

  • If the plaintiff or other party seeking affirmative relief does not notify an arbitrator or other court-connected ADR neutral involved in the case of a settlement at least 2 days before the scheduled hearing or session with that arbitrator or neutral, the court may order the party to compensate the arbitrator or other neutral for the scheduled hearing time.

Cal. Rules of Court, rule 3.1390. Service and filing of notice of entry of dismissal

  • A party that requests dismissal of an action must serve on all parties and file notice of entry of the dismissal.

Cal. Rules of Court, rule 3.1546. Pretrial procedures for mandatory expedited jury trials

  • Except on a showing of good cause, the request to opt out must be served and filed at least 45 days before the date first set for trial or, in cases in which the date first set for trial occurred before July 1, 2016, 45 days before the first trial date after July 1, 2016.

  • Unless good cause is shown, an objection to the opt-out request must be served within 15 days after service of the request.

    The rule's wording

    Except on a showing of good cause, any objection to the request must be served and filed within 15 days after the date of service of the request, on an Objection to Request to Opt Out of Mandatory Expedited Jury Trial Procedures (form EJT-004).

Cal. Rules of Court, rule 3.1548. Pretrial submissions for voluntary expedited jury trials

  • Service under this rule must be by a means consistent with Code of Civil Procedure sections 1010.6, 1011, 1012, and 1013 or rule 2.251 and be reasonably calculated to assure delivery to the other party or parties no later than the close of business on the last allowable day for service as specified below.

  • Motions in limine.

  • Unless good cause is shown for any omission, failure to serve documentary evidence as required under this rule will be grounds for preclusion of the evidence at the time of trial.

  • Any documents produced at the deposition of an expert witness are deemed to have been timely exchanged for the purpose of (c) above.

  • Copies of any documentary evidence that the party intends to introduce at trial (except for documentary evidence to be used solely for impeachment or rebuttal), including, but not limited to, medical bills, medical records, and lost income records;

  • Any proposed verdict forms;

  • No later than 20 days before trial, a party may serve on any other party any additional documentary evidence and a list of any additional witnesses whom the party intends to use at trial in light of the exchange of information under subdivision (b).

  • A copy of any proposed special jury instructions in the form and format described in rule 2.1055;

  • A copy of any audiotapes, videotapes, digital video discs (DVDs), compact discs (CDs), or other similar recorded materials that the party intends to use at trial for evidentiary purposes, except recorded materials to be used solely for impeachment or rebuttal and recorded material intended to be used solely in closing argument;

  • A list of depositions that the party intends to use at trial, except for depositions to be used solely for impeachment or rebuttal;

  • A list of proposed approved introductory instructions, preinstructions, and instructions to be read by the judge to the jury;

  • A special glossary, if the case involves technical or unusual vocabulary; and

  • A list of all witnesses whom the party intends to call at trial, except for witnesses to be used solely for impeachment or rebuttal, and designation of whether the testimony will be in person, by video, or by deposition transcript;

  • A copy of any proposed jury questionnaires (parties are encouraged to agree in advance on a questionnaire);

Cal. Rules of Court, rule 3.1551. Case presentation

  • Anything to be submitted to the jury under (a) as part of the evidentiary presentation of the case in chief must be exchanged 20 days in advance of the trial, unless that period is modified by the consent order or agreement of the parties.

Cal. Rules of Court, rule 3.1580. Request for special findings by jury

  • When a party desires special findings by a jury, unless otherwise ordered, the party must serve copies of the issues or questions on all other parties.

    The rule's wording

    Whenever a party desires special findings by a jury, the party must, before argument, unless otherwise ordered, present to the judge in writing the issues or questions of fact on which the findings are requested, in proper form for submission to the jury, and serve copies on all other parties.

Cal. Rules of Court, rule 3.1590. Announcement of tentative decision, statement of decision, and judgment

  • A party ordered to prepare the statement must serve its proposed statement of decision and judgment as required by the rule.

    The rule's wording

    A party that has been ordered to prepare the statement must within 30 days after the announcement or service of the tentative decision, serve and submit to the court a proposed statement of decision and a proposed judgment.
  • If the court subsequently modifies or changes its announced tentative decision, the clerk must serve a copy of the modification or change on all parties that appeared at the trial.

  • Any party may, within 10 days after service of the proposed judgment, serve and file objections thereto.

  • Unless the announcement is made in open court in the presence of all parties that appeared at the trial, the clerk must immediately serve on all parties that appeared at the trial a copy of the minute entry or written tentative decision.

  • If a party requests a statement under (d) and the court has not ordered a party to prepare it, the court must serve the proposed statement and judgment on all parties who appeared at trial.

    The rule's wording

    If a party requests a statement of decision under (d), the court must, within 30 days of announcement or service of the tentative decision, prepare and serve a proposed statement of decision and a proposed judgment on all parties that appeared at the trial, unless the court has ordered a party to prepare the statement.
  • If no party requests or is ordered to prepare a statement of decision and a written judgment is required, the court must prepare and serve a proposed judgment on all parties that appeared at the trial within 20 days after the announcement or service of the tentative decision or the court may order a party to prepare, serve, and submit the proposed judgment to the court within 10 days after the date of the order.

  • Any party may, within 15 days after the proposed statement of decision and judgment have been served, serve and file objections to the proposed statement of decision or judgment.

Cal. Rules of Court, rule 3.1600. Notice of intention to move for new trial

  • Within 10 days after filing notice of intention to move for a new trial in a civil case, the moving party must serve and file a memorandum in support of the motion, and within 10 days thereafter any adverse party may serve and file a memorandum in reply.

Cal. Rules of Court, rule 3.1700. Prejudgment costs

  • Any notice of motion to strike or to tax costs must be served and filed 15 days after service of the cost memorandum.

  • A prevailing party claiming costs must serve the memorandum of costs by the earlier of the applicable 15-day service-based deadline or the 180-day deadline after entry of judgment.

    The rule's wording

    A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first.

Cal. Rules of Court, rule 3.1702. Claiming attorney's fees

  • A notice of motion to claim attorney's fees for services up to and including the rendition of judgment in the trial court-including attorney's fees on an appeal before the rendition of judgment in the trial court-must be served and filed within the time for filing a notice of appeal under rules 8.104 and 8.108 in an unlimited civil case or under rules 8.822 and 8.823 in a limited civil case.

  • A notice of motion to claim attorney's fees on appeal-other than the attorney's fees on appeal claimed under (b)-under a statute or contract requiring the court to determine entitlement to the fees, the amount of the fees, or both, must be served and filed within the time for serving and filing the memorandum of costs under rule 8.278(c)(1) in an unlimited civil case or under rule 8.891(c)(1) in a limited civil case.

Cal. Rules of Court, rule 3.1804. Periodic payment of judgments against public entities

  • (1) 30 days after the clerk sends, or a party serves, notice of entry of judgment;

  • (2) 60 days after entry of judgment.

Cal. Rules of Court, rule 3.1905. Debtor’s examinations in consumer debt cases

  • When a judgment creditor serves either specified consumer-debt examination application and order under Code of Civil Procedure section 708.111(c), the creditor must serve copies of both specified information forms with it.

    The rule's wording

    A judgment creditor who serves Application and Order to Appear for Examination—Consumer Debt (form EJ-141) or Application and Order to Produce Financial Statement or Appear for Examination—Consumer Debt (form SC-136), as provided in Code of Civil Procedure section 708.111(c), must include copies of Information on Debtor’s Examinations Regarding Consumer Debt (form EJ‑140‑INFO/SC-136-INFO) and Current Dollar Amounts of Exemptions From Enforcement of Judgments (form EJ-156) with the service.

Cal. Rules of Court, rule 3.2102. Substituted service

  • If substituted service is authorized by Code of Civil Procedure section 116.340 or other provisions of law, no due diligence is required in a small claims court action.

Cal. Rules of Court, rule 3.2107. Request for court order

  • For a written request for an order filed before the claim hearing, the requesting party must serve all other parties by mail or personal delivery, or electronically if they agree, except for a request to postpone the hearing when the plaintiff's claim has not been served.

    The rule's wording

    If a party files a written request for a court order before the hearing on the claim, the requesting party must mail, personally deliver, or if agreed on by the parties electronically serve a copy to all other parties in the case. The other parties must be given an opportunity to answer or respond to the request before or at the hearing. This subdivision does not apply to a request to postpone the hearing date if the plaintiff's claim has not been served.
  • If a party files a written request for a court order after notice of entry of judgment, the clerk must send a copy of the request to all other parties in the action.

Cal. Rules of Court, rule 3.2206. Lodging and service

  • (2) a party may request the record in paper format and pay the reasonable cost or show good cause for a court order requiring the party preparing the administrative record to serve the requesting party with one copy of the record in paper format.

  • The party preparing the administrative record must lodge it with the court and serve it on each party.

Cal. Rules of Court, rule 3.2222. Filing and service

  • Other than the petition, which must be served personally, all documents that the rules in this chapter require be served on the parties must be served personally or electronically.

  • Service of the petition or complaint in an action governed by these rules and relating to a Sacramento arena project must be made according to the rules in article 2.

  • If the petition or complaint in an action governed by these rules and relating to a streamlined CEQA project other than the Sacramento arena project is not personally served on any respondent public agency, any real party in interest, and the Attorney General within three court days following filing of the petition, the time for filing petitioner's briefs on the merits provided in rule 3.2227(a) and rule 8.702(f) will be decreased by one day for every additional two court days in which service is not completed, unless otherwise ordered by the court for good cause shown.

  • All parties represented by counsel are deemed to have agreed to accept electronic service.

  • All self-represented parties may agree to such service.

Cal. Rules of Court, rule 3.2224. Response to petition

  • Respondents and real parties in interest must serve the listed answers, motions, and responses within 10 days after service of the petition or complaint on them, or within a different time ordered by the court.

    The rule's wording

    Respondent and any real party in interest must serve and file any answer to the petition; any motion challenging the sufficiency of the petition, including any motion to dismiss the petition; any other response to the petition; any motion to change venue; or any motion to intervene within 10 days after service of petition or complaint on that party or within the time ordered by the court.
  • Any opposition or other response to a motion challenging the sufficiency of the petition or to change venue must be served and filed within 10 days after the motion is served.

Cal. Rules of Court, rule 3.2225. Administrative record

  • Within 10 days after the petition is served on the lead public agency, that agency must lodge the certified final administrative record in electronic form with the court and serve notice on petitioner and real party in interest that the record has been lodged with the court.

  • (1) Any request to augment or otherwise change the contents of the administrative record must be made by motion served and filed no later than the filing of that party's initial brief.

  • Within that same time, the agency must serve a copy of the administrative record in electronic form on any petitioner and real party in interest who has not already been provided a copy.

  • (2) Any opposition or other response to the motion must be served and filed within 10 days after the motion is filed.

Cal. Rules of Court, rule 3.2226. Initial case management conference

  • Petitioner must notify the specified served parties of the conference within one court day after receiving the court’s notice or when serving the petition or complaint, whichever is later.

    The rule's wording

    Petitioner must provide notice of the case management conference to respondent, real party in interest, and any responsible agency or party to the action who has been served before the case management conference, within one court day of receiving notice from the court or at time of service of the petition or complaint, whichever is later.
  • Petitioner and all parties served with the petition must serve the joint case management conference statement at least three court days before the conference.

    The rule's wording

    At least three court days before the case management conference, petitioner and all parties that have been served with the petition must serve and file a joint case management conference statement that addresses the issues identified in (c) and any other pertinent issues.

Cal. Rules of Court, rule 3.2227. Briefing and Hearing

  • (5) Within 10 days after the respondent's brief is filed, the petitioner may serve and file a reply brief.

  • (2) The petitioner must serve and file its brief within 25 days after the case management conference, unless petitioner served and filed the petition within 10 days of the public agency's issuance of its Notice of Determination, in which case petitioner must file and serve its brief within 35 days after the case management conference.

  • (3) Within 25 days after the petitioner's brief is filed, the respondent public agency must-and any real party in interest may-serve and file a respondent's brief.

Cal. Rules of Court, rule 3.2236. Service of Petition

  • The petitioner or plaintiff must file proof of service on each respondent, real party in interest, or agency within one court day of completion of service.

  • The petitioner or plaintiff must serve the petition or complaint on any real party in interest named in the pleading within three court days after the date of filing.

  • Unless the respondent public agency has agreed to accept service of summons electronically, the petitioner or plaintiff must personally serve the petition or complaint on the respondent public agency within three court days after the date of filing.

  • The petitioner or plaintiff must serve the petition or complaint on the Attorney General within three court days after the date of filing

  • The petitioner or plaintiff must serve the petition or complaint on any responsible agencies or public agencies with jurisdiction over a natural resource affected by the project within two court days of receipt of a list of such agencies from respondent public agency.

Cal. Rules of Court, rule 3.2237. List of responsible parties

  • Respondent public agency must provide the petitioner or plaintiff, not later than three court days following service of the petition or complaint on the public agency, with a list of responsible agencies and any public agency having jurisdiction over a natural resource affected by the project.

Cal. Rules of Court, rule 3.2300. Review under Penal Code section 186.35 of law enforcement agency denial of request to remove name from shared gang database

  • (B) The record must be served and filed within 15 days after the date the petition is served on the law enforcement agency as required by subdivision (d)(5) of this rule.

  • Proof of this service must be filed in the superior court with the petition.

  • Any such request for or waiver of oral argument must be served and filed within 15 days after the date the record is served.

  • The court must serve on the Attorney General a copy of any order under (e)(4) or (h) to remove a name from a shared gang database.

  • If the law enforcement agency does not timely file the required record, the superior court clerk must serve the law enforcement agency with a notice indicating that the agency must file the record within five court days of service of the clerk's notice or the court may order the law enforcement agency to remove the name of the person from the shared gang database.

  • (A) The law enforcement agency must serve the record on the person filing the petition and must file the record in the superior court in which the petition was filed.

  • A copy of the petition with the attachment required under (1)(B) must be served either personally or by mail on the law enforcement agency, as provided in Code of Civil Procedure sections 1011-1013a.

  • If oral argument is set, the clerk must send notice at least 20 days before the oral argument date.

  • Any written argument must be served and filed within 15 days after the date the record is served.

Cal. Rules of Court, rule 4.111. Pretrial motions in criminal cases

  • Proof of service of the moving papers must be filed no later than 5 court days before the time appointed for hearing.

  • Unless otherwise ordered or specifically provided by law, pretrial motions accompanied by a memorandum must be served at least 10 court days before the hearing.

    The rule's wording

    Unless otherwise ordered or specifically provided by law, all pretrial motions, accompanied by a memorandum, must be served and filed at least 10 court days, all papers opposing the motion at least 5 court days, and all reply papers at least 2 court days before the time appointed for hearing.

Cal. Rules of Court, rule 4.119. Additional requirements in pretrial proceedings in capital cases

  • (3) No later than 21 days after the clerk notifies trial counsel that it must submit the lists to the court, counsel must submit the lists to the court and serve on all parties a copy of all the lists except the list of Penal Code section 987.9 appearances.

Cal. Rules of Court, rule 4.132. Posttrial hearings on competence under section 1370

  • Upon receiving either specified evaluation, the court must direct the clerk to serve a copy on counsel for both parties.

    The rule's wording

    Upon receipt of an evaluation report under (a) or an evaluation by the State Department of State Hospitals under Welfare and Institutions Code section 4335.2, the court must direct the clerk to serve a copy on counsel for the People and counsel for the defendant.

Cal. Rules of Court, rule 4.133. Probable cause determinations under section 1368.1(a)(2)

  • The prosecuting attorney must serve and file notice of a request for a determination of probable cause on the defense at least 10 court days before the time appointed for the proceeding.

  • A transcript of the determination of probable cause must be provided to the prosecuting attorney and counsel for the defendant consistent with the manner in which a transcript is provided in a preliminary examination.

Cal. Rules of Court, rule 4.151. Motion for change of venue

  • with a copy served on the adverse party at least 10 days before the hearing.

Cal. Rules of Court, rule 4.153. Order on change of venue

  • (2) Transmit to the receiving court a certified copy of the order of transfer and any pleadings, documents, or other papers or exhibits necessary for trying the case.

Cal. Rules of Court, rule 4.210. Traffic court-trial by written declaration

  • After the court decides the case and returns the file and decision, the clerk must immediately deliver or mail the Decision and Notice of Decision (form TR-215) to the defendant and the arresting agency.

  • In trials by written declaration under Vehicle Code section 40902, after receiving a timely written request, the clerk must give or mail the defendant notice of the extended due date with the Request for Trial by Written Declaration, Instructions to Defendant, and any other required forms.

    The rule's wording

    If the clerk receives the defendant's written request for a trial by written declaration by the appearance date indicated on the Notice to Appear, the clerk must, within 15 calendar days after receiving the defendant's written request, extend the appearance date 25 calendar days and must give or mail notice to the defendant of the extended due date on the Request for Trial by Written Declaration (form TR-205) with a copy of the Instructions to Defendant (form TR-200) and any other required forms.
  • The clerk must deliver or mail to the defendant and to the arresting officer's agency the Order and Notice to Defendant of New Trial (Trial de Novo) (form TR-225).

  • If the defendant requests a trial by written declaration and the clerk or the court determines that the defendant is not eligible for a trial by written declaration, the clerk must extend the due date 25 calendar days and notify the defendant by mail of the determination and due date.

  • If the clerk receives the defendant's Request for Trial by Written Declaration (form TR-205) and bail by the due date, the clerk must deliver or mail to the arresting officer's agency Notice and Instructions to Arresting Officer (form TR-210) and Officer's Declaration (form TR-235) with a copy of the Notice to Appear and a specified return date for receiving the officer's declaration.

Cal. Rules of Court, rule 4.230. Additional requirements in capital cases

  • No later than 21 days after the imposition of a sentence of death, counsel must submit the lists to the court and serve on all parties a copy of all the lists except the list of Penal Code section 987.9 appearances.

Cal. Rules of Court, rule 4.315. Setting date for execution of death sentence

  • Before the session at which the execution date will be set, the court must mail notice of the proceeding by prepaid first-class mail to the listed recipients at least 10 days in advance.

    The rule's wording

    At least 10 days before the session of court at which the date will be set, the court must mail notice of the time and place of the proceeding by first-class mail, postage prepaid, to the Attorney General, the district attorney, the defendant at the prison address, the defendant's counsel or, if none is known, counsel who most recently represented the defendant on appeal or in postappeal legal proceedings, and the executive director of the California Appellate Project in San Francisco.
  • If, at the announced session of court, the court sets a date for execution of the judgment of death, the court must mail certified copies of the order setting the date to the warden of the state prison and to the Governor, as required by statute;

  • and must also, within five days of the making of the order, mail by first-class mail, postage prepaid, certified copies of the order setting the date to each of the persons required to be given notice by (a).

Cal. Rules of Court, rule 4.437. Statements in aggravation and mitigation

  • A party seeking consideration of circumstances in aggravation or mitigation may file and serve a statement under section 1170(b) and this rule.

  • Statements in aggravation and mitigation referred to in section 1170(b) must be filed and served at least four days before the time set for sentencing under section 1191 or the time set for pronouncing judgment on revocation of probation under section 1203.2(c) if imposition of sentence was previously suspended.

Cal. Rules of Court, rule 4.472. Determination of presentence custody time credit

  • On referral of the defendant to the probation officer for an investigation and report under section 1203(b) or 1203(g), or on setting a date for sentencing in the absence of a referral, the court must direct the sheriff, probation officer, or other appropriate person to report to the court and notify the defendant or defense counsel and prosecuting attorney within a reasonable time before the date set for sentencing as to the number of days that defendant has been in custody and for which he or she may be entitled to credit.

Cal. Rules of Court, rule 4.530. Intercounty transfer of probation and mandatory supervision cases

  • When the transferring-county probation officer requests transfer, that officer must give written hearing-date, time, and place notice to each listed recipient.

    The rule's wording

    If transfer is requested by the probation officer of the transferring county, the probation officer must provide written notice of the date, time, and place set for hearing on the motion to: (A) The presiding judge of the receiving court or his or her designee; (B) The probation officer of the receiving county or his or her designee; (C) The prosecutor of the transferring county; (D) The victim (if any); (E) The supervised person; and (F) The supervised person's last counsel of record (if any).
  • Upon transfer the probation officer of the transferring county must transmit, at a minimum, any court orders, probation or mandatory supervision reports, and case plans to the probation officer of the receiving county.

  • Upon receipt of notice of a motion for transfer by a party, the probation officer of the transferring county must provide notice to the victim, if any.

  • Notice of a transfer motion must be given at least 60 days before the date set for hearing on the motion.

  • When a party makes the transfer motion after the probation officer refuses to bring it, the party must give written hearing-date, time, and place notice to each listed recipient.

    The rule's wording

    If the party makes the motion, the motion must include a declaration that the probation officer has refused to bring the motion, and the party must provide written notice of the date, time, and place set for hearing on the motion to: (A) The presiding judge of the receiving court or his or her designee; (B) The probation officers of the transferring and receiving counties or their designees; (C) The prosecutor of the transferring county; (D) The supervised person; and (E) The supervised person's last counsel of record (if any).
  • Upon transfer of the case, the transferring court must transmit the entire original court file to the receiving court in all cases in which the supervisee is the sole defendant, except the transferring court shall not transfer (A) exhibits or (B) any records of payments.

  • Upon transfer of the case, the probation officer of the transferring county must notify the supervised person of the transfer order.

  • If transfer is ordered in a case involving more than one defendant, the transferring court must transmit certified copies of the entire original court file, except exhibits and any records of payments, to the receiving court upon transfer of the case.

Cal. Rules of Court, rule 4.551. Habeas corpus proceedings

  • If the informal response consists of records or copies of records, a copy of every record and document furnished to the court must be furnished to the petitioner or counsel.

  • The return must comply with Penal Code section 1480 and must be served on the petitioner.

  • A copy of the order must be mailed to each party.

  • A copy of the request must be sent to the petitioner or, if represented, petitioner’s counsel.

  • Any denial must comply with Penal Code section 1484 and must be served on the respondent.

  • An informal response must be served within 15 days on the petitioner if unrepresented or on the petitioner’s counsel if represented.

    The rule's wording

    The informal response must be in writing and must be served and filed within 15 days. If the petitioner is not represented by counsel in the habeas corpus proceeding, the informal response must be served on the petitioner. If the petitioner is represented by counsel in the habeas corpus proceeding, the informal response must be served on the petitioner’s counsel.

Cal. Rules of Court, rule 4.571. Filing of petition in the superior court

  • (3) Petitioner must serve one copy of the petition and supporting documents on the district attorney, the Attorney General, and on any assisting entity or counsel.

Cal. Rules of Court, rule 4.573. Proceedings after the petition is filed

  • (2) One copy of the informal response and any supporting documents must be served on the petitioner and on any assisting entity or counsel.

  • (1) If the court requests an informal written response, it must serve a copy of the request on the district attorney, the Attorney General, the petitioner and on any assisting entity or counsel.

  • (4) If a reply is filed, the petitioner must serve one copy of the reply and any supporting documents on the district attorney, the Attorney General, and on any assisting entity or counsel.

  • (2) If the response and supporting documents are served in paper form, two copies must be served on the petitioner.

  • (2) The response must be served and filed within 45 days of the filing of the request, or a later date if the court so orders.

Cal. Rules of Court, rule 4.574. Proceedings following an order to show cause

  • (1) Unless the court orders otherwise, within 30 days after the return is filed, or a later date if the court so orders, the petitioner may serve and file a denial.

  • (3) A copy of the return and any supporting documents must be served on the petitioner and on any assisting entity or counsel. If the return is served in paper form, two copies must be served on the petitioner.

  • (3) A copy of the denial and any supporting documents must be served on the district attorney, the Attorney General, and on any assisting entity or counsel.

  • (1) Any return must be served and filed within 45 days after the court issues the order to show cause, or a later date if the court so orders.

Cal. Rules of Court, rule 4.575. Decision on death penalty-related habeas corpus petition

  • The clerk of the court must serve a copy of the decision on the petitioner, the district attorney, the Attorney General, the clerk/executive officer of the Supreme Court, the clerk/executive officer of the Court of Appeal, and on any assisting entity or counsel.

Cal. Rules of Court, rule 4.576. Successive petitions

  • The superior court clerk must send the certificate of appealability to the Court of Appeal when it sends the notice of appeal under rule 8.392(c).

  • The superior court clerk must send a copy of a granted certificate of appealability to each recipient listed in the rule.

    The rule's wording

    The superior court clerk must send a copy of the certificate to the petitioner, the Attorney General, the district attorney, the clerk/executive officer of the Court of Appeal and the district appellate project for the appellate district in which the superior court is located, the assisting counsel or entity, and the clerk/executive officer of the Supreme Court.

Cal. Rules of Court, rule 4.577. Transfer of files

  • Counsel for the petitioner must deliver all files counsel maintained related to the proceeding to the attorney representing petitioner in any appeal taken from the proceeding.

Cal. Rules of Court, rule 5.12. Request for order regarding discovery

  • (4) Service of motion papers on nonparty deponent (rule 3.1346);

Cal. Rules of Court, rule 5.24. Joinder of persons claiming interest

  • A blank copy of Responsive Declaration to Motion for Joinder and Consent Order for Joinder (form FL-373) must be served with the Notice of Motion and accompanying pleading.

  • When the court orders joinder under this rule, it must direct service on the claimant of the joinder notice, attached pleading, joinder order, and summons.

    The rule's wording

    If the court orders that a person be joined as a party to the proceeding under this rule, the court must direct that a summons be issued on Summons (Joinder) (form FL-375) and that the claimant be served with a copy of Notice of Motion and Declaration for Joinder (form FL-371), the pleading attached thereto, the order of joinder, and the summons.
  • All applications for joinder other than for an employee pension benefit plan must be made by serving and filing form a Notice of Motion and Declaration for Joinder (form FL-371).

Cal. Rules of Court, rule 5.50. Papers issued by the court

  • (2) If service is by publication, the publication need not include the standard restraining orders.

  • (1) The summons and standard restraining orders must be issued and filed in the same manner as a summons in a civil action and must be served and enforced in the manner prescribed for any other restraining order.

Cal. Rules of Court, rule 5.52. Declaration under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

  • (1) Petitioner and respondent must each complete, serve, and file a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105/GC-120) if there are children of their relationship under the age of 18 years.

  • To comply with this duty, a party must file an updated UCCJEA form with the court and have it served on the other party.

Cal. Rules of Court, rule 5.62. Appearance by respondent

  • Where a respondent has not appeared, notice of subsequent proceedings need not be given to the respondent except as provided in these rules.

  • After appearance, the respondent or his or her attorney is entitled to notice of all subsequent proceedings of which notice is required to be given by these rules or in civil actions generally.

Cal. Rules of Court, rule 5.63. Request for order to quash proceeding or responsive relief

  • The request for order to quash must be served in compliance with Code of Civil Procedure section 1005(b).

Cal. Rules of Court, rule 5.66. Proof of service

  • Parties must file with the court a completed form to prove that the other party received the petition or complaint or response to petition or complaint.

Cal. Rules of Court, rule 5.68. Manner of service of summons and petition; response; jurisdiction

  • (3) Service by mail with a notice and acknowledgment of receipt (Code Civ. Proc., § 415.30);

  • (4) Service on person outside of the state (Code Civ. Proc., § 415.40);

  • (1) A completed and filed pleading revoking the joint petition (amended Petition—Marriage/Domestic Partnership (form FL-100) or amended Response—Marriage/Domestic Partnership (form FL-120)); and

  • A general appearance of the respondent is equivalent to personal service within this state of the summons and a copy of the petition upon him or her.

  • (A) Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters; or

  • (1) Personal service (Code Civ. Proc., § 415.10);

  • (2) A completed and filed Notice of Revocation of Joint Petition (form FL-720).

  • A response to a family law petition may be served by the methods described in (a) but may also be served by mail without notice and acknowledgment of receipt.

  • (2) Substituted service (Code Civ. Proc., § 415.20);

  • (6) Service by posting or publication (Code Civ. Proc., §§ 415.50 and 413.30).

  • The court has jurisdiction over the parties and control of all subsequent proceedings from the time of service of the summons and a copy of the petition.

  • (B) Inter-American Convention on Letters Rogatory and the Additional Protocol to the Inter-American Convention on Letters Rogatory.

Cal. Rules of Court, rule 5.72. Court order for service by publication or posting when respondent's address is unknown

  • To request service by posting, the petitioner must have obtained an order waiving court fees and costs.

  • If the respondent cannot be found to be served a summons by any method described in Code of Civil Procedure sections 415.10 through 415.40, the petitioner may request an order for service of the summons by publication or posting under Code of Civil Procedure sections 415.50 and 413.30, respectively.

  • If the court finds that the petitioner no longer qualifies for a fee waiver, the court may order service by publication of the documents.

  • Service of summons by posting may be ordered only if the court finds that the petitioner is eligible for a waiver of court fees and costs.

Cal. Rules of Court, rule 5.74. Pleadings and amended pleadings

  • Amendments to pleadings, amended pleadings, and supplemental pleadings may be served under the provisions applicable in civil actions generally.

    The rule's wording

    (1) Amendments to pleadings, amended pleadings, and supplemental pleadings may be served and filed in conformity with the provisions of law applicable to such matters in civil actions generally, but the petitioner is not required to file a reply if the respondent has filed a response.

Cal. Rules of Court, rule 5.78. Actions or proceedings to determine a parental (or nonparental) relationship involving an assisted reproduction agreement

  • (2) The clerk of the court must mail Notice of Entry of Judgment (form FL-190) to the parties or their attorneys, if the parties are represented, as specified in the Clerk’s Certificate of Mailing.

Cal. Rules of Court, rule 5.83. Family centered case resolution

  • The petitioner's preliminary declaration of disclosure should be served within 60 days of the filing of the petition;

Cal. Rules of Court, rule 5.92. Request for court order; responsive declaration

  • Income and Expense Declaration (form FL-150), when the requesting party is serving a competed FL-150 or FL-155.

  • The court granted temporary emergency orders pending the hearing;

  • The moving party must file the documents with the court clerk to obtain a court date and then have a filed copy served on all parties in the case within the timelines required by law.

  • A Request for Order (form FL-300) must be served as specified in Family Code section 215 if filed after entry of a family law judgment or after a permanent order was made in any proceeding in which there was at issue the custody, visitation (parenting time), or support of a child.

  • All other requests for orders and appropriate documents may be served as specified in Code of Civil Procedure section 1010 et seq., including service by mail.

  • A Responsive Declaration to Request for Order (form FL-320) may be served on the parties by mail, unless otherwise required by court order.

  • Requests to change a judgment or permanent order for custody, visitation (parenting time), or support of a child may be served by mail on the other party or parties only if the moving party can verify the other parties' current address.

  • To respond to issues raised in form FL-300 and accompanying papers, the responding party must have form FL-320 served on all parties.

    The rule's wording

    To respond to the issues raised in the Request for Order (form FL-300) and accompanying papers, the responding party must complete, file, and have a Responsive Declaration to Request for Order (form FL-320) served on all parties in the case.
  • Responsive Declaration to Request for Order (form FL-320); and

  • The court ordered personal service on the other party.

  • The responding party has not yet appeared in the case as described in rule 5.62; or

Cal. Rules of Court, rule 5.94. Order shortening time; other filing requirements; failure to serve request for order

  • Proof of service of the Request for Order (FL-300) and supporting papers should be filed five court days before the hearing date.

  • (1) Have the other party served before the hearing with the Request for Order (form FL-300) or other moving papers, such as an order to show cause; supporting documents; and any temporary emergency (ex parte) orders; or

Cal. Rules of Court, rule 5.95. Request to reschedule hearing

  • The requesting party must serve the Order on Request to Reschedule Hearing (form FL-309) on the other party in the case, along with the Request for Order (form FL-300) or other moving papers such as an order to show cause, any temporary emergency (ex parte) orders, and supporting documents.

  • The party must first notify and serve the other party.

  • The party responding to a written request to reschedule may file and serve a responsive declaration to the request to reschedule before the court considers the written request.

Cal. Rules of Court, rule 5.98. Meet-and-confer requirements; document exchange

  • Before or while conferring, parties must exchange all documentary evidence that is to be relied on for proof of any material fact at the hearing. At the hearing, the court may decline to consider documents that were not given to the other party before the hearing as required under this rule. The requirement to exchange documents does not relate to documents that are submitted primarily for rebuttal or impeachment purposes.

Cal. Rules of Court, rule 5.111. Declarations supporting and responding to a request for court order

  • Along with a Request for Order (form FL-300) or a Responsive Declaration (form FL-320), a party must file a supporting declaration with the court clerk and serve it on the other party.

Cal. Rules of Court, rule 5.113. Live testimony

  • Witness lists required by Family Code section 217(c) must be served along with the request for order or responsive papers in the manner required for the service of those documents (Witness List (form FL-321) may be used for this purpose).

Cal. Rules of Court, rule 5.115. Judicial notice

  • A party requesting judicial notice of material under Evidence Code section 452 or 453 must provide the court and each party with a copy of the material.

Cal. Rules of Court, rule 5.125. Preparation, service, and submission of order after hearing

  • (1) If the party ordered by the court to prepare the proposed order fails to serve the proposed order to the other party within 10 calendar days from the court hearing, the other party may prepare the proposed order and serve it to the party or attorney whom the court ordered to prepare the proposed order.

  • (2) If the other party did not appear at the hearing or the matter was uncontested, submit the proposed order directly to the court without the other party's approval. A copy must also be served to the other party or attorney.

  • (1) Serve the proposed order to the other party for approval;

  • The party who prepared the order must serve an endorsed-filed copy to the other party.

  • (3) If the parties fail to resolve their disagreement after meeting and conferring, each party will have 10 calendar days following the date of the meeting to submit to the court and serve on each other the following documents:

  • (B) State any objections to the proposed order and prepare an alternate proposed order. Any alternate proposed order by the objecting party must list the findings and orders in the same sequence as the proposed order. After serving any objections and the alternate proposed order to the other party or attorney, both parties must follow the procedure in (e).

  • (A) Approve the proposed order by signing and serving it on the party or attorney who drafted the proposed order;

  • The court may prepare the order after hearing and serve copies on the parties or their attorneys.

  • (A) Approve the proposed order by signing and serving it to the party or attorney who drafted the proposed order; or

  • (B) State any objections to the proposed order and prepare an alternate proposed order. Any alternate proposed order prepared by the objecting party must list the findings and orders in the same sequence as the proposed order. After serving any objections and the alternate proposed order to the party or attorney, both parties must follow the procedure in (e).

Cal. Rules of Court, rule 5.130. Request for Special Immigrant Juvenile findings

  • (3) Any other person who has physical custody or is likely to claim a right to physical custody of the child who is the subject of the request.

  • A person entitled to notice under (c) may serve a response to a covered SIJ request using form FL-358.

    The rule's wording

    Any person entitled under (c) to notice of a request for SIJ findings with respect to a child may file and serve a response to such a request using Confidential Response to Request for Special Immigrant Juvenile Findings (form FL-358).
  • (2) All alleged, biological, and presumed parents of the child who is the subject of the request; and

  • (1) All parties to the underlying family law case;

  • To obtain a hearing on a request for SIJ findings, a person must file and serve a Confidential Request for Special Immigrant Juvenile Findings-Family Law (form FL-356) for each child who is the subject of such a request.

Cal. Rules of Court, rule 5.151. Request for temporary emergency (ex parte) orders; application; required documents

  • (D) Attempt to determine whether the opposing party will appear to oppose the application (if the court requires a hearing) or whether the opposing party will submit responsive pleadings before the court rules on the request for emergency orders.

Cal. Rules of Court, rule 5.165. Requirements for notice

  • (C) Giving notice would result in immediate and irreparable damage to or loss of property subject to disposition in the case;

  • If a party provided notice of the request for emergency orders to all parties and their attorneys later than 10:00 a.m. the court day before the appearance, the party must request in a declaration regarding notice that the court approve the shortened notice.

  • Notice of appearance at a hearing to request emergency orders may be given personally or by telephone, voicemail, fax transmission, electronic means (if permitted), overnight mail, or other overnight carrier.

  • A party seeking emergency orders under this chapter must give notice to all parties or their attorneys so that it is received no later than 10:00 a.m. on the court day before the matter is to be considered by the court.

  • (D) The parties agreed in advance that notice will not be necessary with respect to the matter that is the subject of the request for emergency orders; and

  • (A) Giving notice would frustrate the purpose of the order;

  • (B) Giving notice would result in immediate and irreparable harm to the applicant or the children who may be affected by the order sought;

  • (E) The party made reasonable and good faith efforts to give notice to the other party, and further efforts to give notice would probably be futile or unduly burdensome.

  • A party may ask the court to waive notice to all parties and their attorneys of the request for emergency orders.

  • A judicial officer may approve a waiver of notice for good cause, which may include that:

  • After providing notice, each party must be served with the documents requesting emergency orders as described in rule 5.167 or as required by local rule.

Cal. Rules of Court, rule 5.167. Service of application; temporary restraining orders

  • A party seeking emergency orders and a party providing written opposition must serve the papers on the other party or on the other party's attorney at the first reasonable opportunity before the hearing.

  • If the judicial officer signs the applicant's proposed emergency orders, the applicant must obtain and have the conformed copy of the orders personally served on all parties.

  • Absent exceptional circumstances, no hearing may be conducted unless such service has been made.

  • The court may waive this requirement in extraordinary circumstances if good cause is shown that imminent harm is likely if documents are provided to the other party before the hearing.

Cal. Rules of Court, rule 5.170. Matters not requiring notice to other parties

  • (6) An order or judgment that the other party or opposing counsel approved or agreed not to oppose; and

  • (4) An earnings assignment order based on an existing support order;

  • (3) An order or judgment after a default court hearing;

  • (5) An order for service of summons by publication or posting;

  • (2) Stipulations by the parties;

  • (1) Applications to restore a former name after judgment;

  • (7) Application for an order waiving filing fees.

Cal. Rules of Court, rule 5.220. Court-ordered child custody evaluations

  • Complete, file, and serve Confidential Child Custody Evaluation Report Under Family Code Section 3118 (form FL-329) on the parties or their attorneys and any attorney appointed for the child under Family Code section 3150.

  • File and serve a report on the parties or their attorneys and any attorney appointed for the child under Family Code section 3150;

Cal. Rules of Court, rule 5.242. Qualifications, rights, and responsibilities of counsel appointed to represent a child in family law proceedings

  • (2) Counsel must serve notices and pleadings on all parties consistent with the requirements for parties.

Cal. Rules of Court, rule 5.260. General provisions regarding support cases

  • The party requesting court orders must provide the local child support agency timely notice of any request to establish, change, or enforce any child, spousal, or domestic partner support order if the agency is providing support enforcement services or has intervened in the case as described in Family Code section 17400.

  • Except as provided below, for all hearings involving child, spousal, or domestic partner support, both parties must complete, file, and serve a current Income and Expense Declaration (form FL-150) on all parties.

  • A party requesting support orders must include a current, completed Income and Expense Declaration (form FL-150) with the Request for Order (form FL-300) that is filed with the court and served on all parties.

  • A party responding to a request for support orders must include a current, completed Income and Expense Declaration (form FL-150) with the Responsive Declaration to Request for Order (form FL-320) that is filed with the court and served on all parties.

Cal. Rules of Court, rule 5.350. Procedures for hearings to cancel (set aside) voluntary declarations of parentage or paternity when no previous action has been filed

  • If the local child support agency is providing services in the case, the person requesting the set-aside must also serve a copy of the request for hearing on the agency.

  • If the voluntary declaration of parentage or paternity is canceled (set aside), the clerk must mail a copy of the order to the Department of Child Support Services in order that the voluntary declaration of parentage or paternity be purged from the records.

  • When no previous action has been filed, the person seeking cancellation must personally serve or mail the other signer or signers a copy of the hearing request and a blank form FL-285.

    The rule's wording

    The person who is asking that the voluntary declaration of parentage or paternity be canceled (set aside) must serve, either by personal service or by mail, a copy of the request for hearing and a blank Responsive Declaration to Application to Cancel (Set Aside) Voluntary Declaration of Parentage or Paternity (form FL-285) on the other person or people who signed the voluntary declaration of parentage or paternity.

Cal. Rules of Court, rule 5.324. Telephone appearance in title IV-D hearings and conferences

  • This request must be served on the other parties, the local child support agency, and attorneys, if any. Service must be by personal delivery, fax, express mail, or other means reasonably calculated to ensure delivery by the close of the next court day.

  • In a Title IV-D support action, the court must notify the requester, parties, and any attorneys of its decision at least five court days before the hearing, using one of the stated methods or another method reasonably calculated to ensure timely notice.

    The rule's wording

    At least five court days before the hearing, the court must notify the person or agency requesting the telephone appearance, the parties, and attorneys, if any, of its decision. The court may direct the court clerk, the court-approved vendor, the local child support agency, a party, or an attorney to provide the notification. This notice may be given in person or by telephone, fax, express mail, e-mail, or other means reasonably calculated to ensure notification no later than five court days before the hearing date.
  • Service on the person or agency requesting the telephone appearance; all parties, including the other parent, a parent who has not been joined to the action, the local child support agency; and attorneys, if any, must be accomplished using one of the methods listed in (e)(2).

Cal. Rules of Court, rule 5.325. Procedures for clerk's handling of combined summons and complaint

  • A copy of form FL-600 so conformed must be served on the defendant in accordance with Code of Civil Procedure section 415.10 et seq.

Cal. Rules of Court, rule 5.330. Procedures for child support case registry form

  • At least once per month all forms received must be mailed to the California Department of Social Services.

  • A blank copy of the Child Support Case Registry Form (form FL-191) must be sent with the notice of entry of judgment to the party who did not submit the judgment or order.

Cal. Rules of Court, rule 5.335. Procedures for hearings on interstate income withholding orders

  • The support obligor must provide the clerk with sufficiently postaged envelopes addressed to the obligor, the sending support enforcement agency, and the obligor's employer, plus an envelope for the designated support-payment recipient if different from that agency.

    The rule's wording

    The support obligor must provide the clerk with envelopes addressed to the obligor, the support enforcement agency that sent the income withholding order, and the obligor's employer. The support obligor must also provide an envelope addressed to the person or agency designated to receive the support payments if that person or agency is different than the support enforcement agency that sent the income withholding order. The support obligor must provide sufficient postage to mail each envelope provided.
  • Upon scheduling the hearing, the clerk must mail a copy of the request for hearing in each envelope provided by the support obligor.

Cal. Rules of Court, rule 5.360. Appearance by local child support agency

  • The agency must file the original of the notice in the action or proceeding with proof of service by mail on the parties.

Cal. Rules of Court, rule 5.372. Transfer of title IV-D cases between tribal court and state court

  • If the tribal court determines that retaining jurisdiction is not in the child’s or parties’ best interest, the tribe may move to transfer the case to superior court after notice to all parties and the state child support agency.

    The rule's wording

    If a tribal court determines that it is not in the best interest of the child or the parties for the tribal court to retain jurisdiction of a child support case, the tribe may, upon noticed motion to all parties and the state child support agency, file a motion with the superior court to transfer the case to the jurisdiction of the superior court along with copies of the tribal court's order transferring jurisdiction and the entire file.

Cal. Rules of Court, rule 5.380. Agreement and judgment of parentage in Domestic Violence Prevention Act cases

  • When an Agreement and Judgment of Parentage (form DV-180) is filed, the court must serve a Notice of Entry of Judgment (form FL-190) on the parties.

Cal. Rules of Court, rule 5.382. Request to make minor's information confidential in domestic violence protective order proceedings

  • If confidentiality is denied, the restraining-order request is withdrawn, and no other action is pending, forms DV-160 and DV-165 must not be served on the other party or parties.

    The rule's wording

    (i) If a request for confidentiality is denied and the request for restraining order has been withdrawn, and if no other action is pending before the court in the case, then the Request to Keep Minor's Information Confidential (form DV-160) and Order on Request to Keep Minor's Information Confidential (form DV-165) must not be served on the other party, or both parties if the person making the request for confidentiality is not a party to the action.
  • Within 10 days after form DV-176 is filed with the clerk, the clerk must serve the listed forms by first-class mail on the minor or legal guardian who requested confidentiality.

    The rule's wording

    (ii) Within 10 days after filing form DV-176 with the clerk, the clerk must serve, by first-class mail, the following documents on the minor or legal guardian who made the request to keep the minor's information confidential: a. Cover Sheet for Confidential Information (form DV-175); b. Request for Release of Minor's Confidential Information (form DV-176); c. Notice of Request for Release of Minor's Confidential Information (form DV-177); d. Response to Request for Release of Minor's Confidential Information (form DV-178) (blank copy); e. Order on Request for Release of Minor's Confidential Information (form DV-179).
  • Any information that is made confidential from the restrained person must be redacted from the copy that will be served on the restrained person.

  • The person filing form DV-178 must serve it on the release requester before filing, unless it contains confidential information, in which case service must occur as soon as possible after redaction.

    The rule's wording

    (ii) The person filing a response must serve a copy of the response (form DV-178) on the person requesting release of confidential information. Service must occur before filing the response form with the court unless the response form contains confidential information. If the response form contains confidential information, service must be done as soon as possible after the response form has been redacted.
  • The other party, or both parties if the confidentiality requester is not a party, must be served with forms DV-160, DV-165, and DV-170, redacted if required under (f)(4).

    The rule's wording

    The other party, or both parties if the person making the request for confidentiality is not a party to the action, must be served with a copy of the Request to Keep Minor's Information Confidential (form DV-160), Order on Request to Keep Minor's Information Confidential (form DV-165), and Notice of Order Protecting Information of Minor (form DV-170), redacted if required under (f)(4).
  • If the release request is granted based on the pleadings, the court must mail form DV-179 to both requesters; parties present at a hearing may instead be served in court.

    The rule's wording

    If the court grants the request for release of information based on the pleadings, the court must mail a copy of form DV-179 to the person who filed form DV-176 and the person who made the request to keep the minor's information confidential. Parties may be served in court if present at the hearing.
  • If the release request is denied based on the pleadings, the court must mail form DV-179 to both requesters; parties present at a hearing may instead be served in court.

    The rule's wording

    If the court denies the request for release of information based on the pleadings, the court must mail a copy of form DV-179 to the person who filed form DV-176 and the person who made the request to keep the minor's information confidential. Parties may be served in court if present at the hearing.
  • If confidentiality is denied and the restraining-order request has not been withdrawn, or an action between the same parties is pending, forms DV-160 and DV-165 must be served on the other party or parties.

    The rule's wording

    (ii) If a request for confidentiality is denied and the request for restraining order has not been withdrawn, or if an action between the same parties is pending before the court, then the Request to Keep Minor's Information Confidential (form DV-160) and Order on Request to Keep Minor's Information Confidential (form DV-165) must be served on the other party, or both parties if the person making the request for confidentiality is not a party to the action.

Cal. Rules of Court, rule 5.390. Bifurcation of issues

  • then served on the plan administrator.

  • the clerk must serve copies to the parties

Cal. Rules of Court, rule 5.392. Interlocutory appeals

  • Within 10 days after service of the motion, an adverse party may serve and file an opposition to it.

  • If the certificate is granted, a party may, within 15 days after the court serves the notice of the order granting it, serve and file in the Court of Appeal a motion to appeal the decision on the bifurcated issue.

  • The clerk must promptly serve notice of the decision on the motion to the parties.

  • A copy of the motion must be served on the trial court.

Cal. Rules of Court, rule 5.394. Trial or hearing brief

  • The parties must serve the trial or hearing brief on all parties and file the brief with the court a minimum of 5 court days before the trial or long-cause hearing.

Cal. Rules of Court, rule 5.413. Notice of entry of judgment

  • (2) A judgment of dissolution;

  • (4) A judgment establishing parental relationship (on form FL-190); or

  • (1) A judgment of legal separation;

  • (5) A judgment regarding custody or support.

  • (3) A judgment of nullity;

Cal. Rules of Court, rule 5.415. Completion of notice of entry of judgment

  • If there has been no appearance by the other party, the address stated in the affidavit of mailing in part 3 of the Request to Enter Default (form FL-165) must be the party's last known address and must be used for mailing form FL-190 to that party.

Cal. Rules of Court, rule 5.425. Limited scope representation; application of rules

  • Electronic service of notices and documents described in this rule is permitted if the client previously agreed in writing to accept service of documents electronically from the attorney.

  • The objection-including the date, time, and location of the hearing-must be served on the limited scope attorney and all other parties in the case (or on their attorneys, if they are represented). Unless the court orders a different time for service, the objection must be served by the deadline specified in Information for Client About Notice of Completion of Limited Scope Representation (form FL-955-INFO).

  • Must file the final Notice of Completion of Limited Scope Representation (form FL-955) with the court, and attach the proofs of service of both the "Proposed" and "Final" notices of completion;

  • Before being relieved as counsel, the limited scope attorney must file and serve the order after hearing or judgment following the hearing or trial at which he or she provided representation unless:

  • The attorney is responsible for filing and serving the order on the client and other parties after the hearing, unless the court directs otherwise.

  • Documents that relate to all other issues outside the scope of the attorney's representation must be served directly on the party or the attorney representing the party on those issues.

  • A blank Objection to Proposed Notice of Completion of Limited Scope Representation (form FL-956).

  • If the attorney wishes, he or she may file and serve a Response to Objection to Proposed Notice of Completion of Limited Scope Representation (form FL-957). Unless otherwise directed by the court, any response should be filed with the court and served on the client and other parties, or their attorneys, at least nine court days before the hearing.

  • A party and an attorney must provide the required notice of their agreement for limited scope representation by serving other parties and filing with the court a Notice of Limited Scope Representation (form FL-950).

  • Is deemed to be relieved as attorney on the date that the final notice of completion is served on the client.

  • Must serve the client and the other parties or, if represented, their attorneys, with a Notice of Completion of Limited Scope Representation (form FL-955) with the "Final" box marked;

  • A Notice of Completion of Limited Scope Representation (form FL-955) with the "Proposed" box marked and the deadline for the client to file the objection completed by the attorney;

  • Information for Client About Notice of Completion of Limited Scope Representation (form FL-955-INFO);

  • The attorney must be served only with documents that relate to the issues identified in the Notice of Limited Scope Representation (form FL-950);

Cal. Rules of Court, rule 5.427. Attorney's fees and costs

  • Both parties must complete, file, and serve a current Income and Expense Declaration (form FL-150).

  • Except as provided in Family Code section 2031(b), to request attorney's fees and costs, a party must complete, file and serve the following documents:

  • To respond to the request for attorney's fees and costs, a party must complete, file, and serve the following documents:

Cal. Rules of Court, rule 5.475. Custody and visitation orders following termination of a juvenile court proceeding or probate court guardianship proceeding

  • Within 15 court days of receiving the order, the clerk must send an endorsed filed copy of the order showing the case number assigned by the receiving court by first-class mail to each of the child's parents and to the court that issued the order, with a completed clerk's certificate of mailing, for inclusion in the issuing court's file.

  • If no related proceeding is pending, the terminating court must direct transmission of its order to the superior court in the specified county, following the stated order of preference.

    The rule's wording

    If no such proceeding is pending, the court terminating jurisdiction will direct the transmission of its order to the superior court of, in order of preference, the county in which the parent with sole physical custody resides; if none, the county where the child's primary residence is located; or, if neither exists, a county or location where any custodial parent resides.
  • On termination of juvenile court jurisdiction under rule 5.700 or termination of a probate guardianship under rule 7.1008, the juvenile court or probate court will direct the transmission of its custody or visitation orders to any superior court in which a related family law custody proceeding or probate guardianship proceeding is pending for filing in that proceeding.

Cal. Rules of Court, rule 5.481. Inquiry and notice

  • Whenever new information is received, that information must be expeditiously provided to the tribes.

  • Notice to an Indian child's tribe must be sent to the tribal chairperson unless the tribe has designated another agent for service.

  • When it is known or there is reason to know an Indian child is involved in a proceeding listed in rule 5.480, except a wardship proceeding under Welfare and Institutions Code sections 601 and 602 et seq., the specified sender must send form ICWA-030 to the parent or legal guardian, Indian custodian, and tribe in the manner specified by the cited statutes for initial hearings that may result in the listed orders.

    The rule's wording

    If it is known or there is reason to know an Indian child is involved in a proceeding listed in rule 5.480, except for a wardship proceeding under Welfare and Institutions Code sections 601 and 602 et seq., the social worker, petitioner, or in probate guardianship and conservatorship proceedings, if the petitioner is unrepresented, the court, must send Notice of Child Custody Proceeding for Indian Child (form ICWA-030) to the parent or legal guardian and Indian custodian of an Indian child, and the Indian child's tribe, in the manner specified in Welfare and Institutions Code section 224.3, Family Code section 180, and Probate Code section 1460.2 for all initial hearings that may result in the foster care placement, termination of parental rights, preadoptive placement, or adoptive placement, or an order of guardianship, conservatorship, or custody under Family Code section 3041.
  • For all other hearings, and for continued hearings, notice must be provided to the child's parents, legal guardian or Indian custodian, and tribe in accordance with Welfare and Institutions Code sections 292, 293, and 295.

  • If it is known or there is reason to know that an Indian child is involved in a wardship proceeding under Welfare and Institutions Code sections 601 and 602 et seq., the probation officer must send Notice of Child Custody Proceeding for Indian Child (form ICWA-030) to the parent or legal guardian, Indian custodian, if any, and the child's tribe, in accordance with Welfare and Institutions Code section 727.4(a)(2) in any case described by rule 5.480(2)(A)-(C).

Cal. Rules of Court, rule 5.482. Proceedings after notice

  • (A) Notice of the detention hearing must be given as soon as possible after the filing of the petition initiating the proceeding;

Cal. Rules of Court, rule 5.493. Requirement to request adoption under California law of a child born in a foreign country when the adoption is finalized in the foreign country (Fam. Code, §§ 8912, 8919)

  • (B) Provide a copy of the adoption request to each adoption agency that provided the adoption services to the adoptive parent or parents.

  • (B) Provide a file-marked copy of the request to the adoptive parent and to any other adoption agency that provided services to the adoptive parent within five business days of filing.

Cal. Rules of Court, rule 5.496. Service requirement for proposed restrained persons who appear remotely

  • If the proposed restrained person named in an order issued after hearing appears at that hearing through the use of remote technology, and through that appearance has received actual notice of the existence and substance of the restraining order after hearing, no additional proof of service is required for enforcement of the order.

Cal. Rules of Court, rule 5.502. Definitions and use of terms

  • A notice filed with the court must include proof of service on each required party, and any required service on a party must be made on that party’s attorney of record, if any.

    The rule's wording

    (27) "Notice" means a paper to be filed with the court accompanied by proof of service on each party required to be served in the manner prescribed by these rules. If a notice or other paper is required to be given to or served on a party, the notice or service must be given to or made on the party's attorney of record, if any.

Cal. Rules of Court, rule 5.512. Joint assessment procedure

  • Within 5 calendar days after the hearing, the clerk of the juvenile court must transmit the court's findings and orders to any other juvenile court with current jurisdiction over the child.

  • At least 5 calendar days before the hearing, notice of the hearing and copies of the joint assessment report must be provided to the child, the child's parent or guardian, all attorneys of record, any CASA volunteer, and any other juvenile court having jurisdiction over the child.

Cal. Rules of Court, rule 5.516. Factors to consider

  • Copies of the certification, the accusatory pleading, any police reports, and the order of a superior court, certifying that the accused person was under the age of 18 on the date of the alleged offense, must immediately be delivered to the clerk of the juvenile court.

Cal. Rules of Court, rule 5.523. Electronic service (§ 212.5)

  • (2) Unless otherwise provided by law, a document in a juvenile court matter may be served electronically as prescribed by Code of Civil Procedure section 1010.6 and in accordance Welfare and Institutions Code section 212.5.

  • (3) A party or other person may subsequently withdraw his or her consent to electronic service by completing the appropriate Judicial Council form.

  • (1) Electronic service of medical or psychological documentation related to a child is prohibited, with the exception of the summary required under Welfare and Institutions Code section 16010 when included as part of a required report to the court.

  • Electronic service is permitted on a child who is 16 or 17 years of age only if the child, after consultation with his or her attorney, expressly consents by completing the appropriate Judicial Council form.

  • (2) The importance of maintaining confidentiality and what means of electronic communication the child intends to use to communicate about his or her case and whether it is private and secure; and

  • (2) Electronic service on a party or other person is permitted only if the party or other person has expressly consented, as provided in Code of Civil Procedure section 1010.6.

  • (1) Electronic service is authorized only if the court and county agencies required to serve in juvenile court permit electronic service.

  • (3) If the noticing entity knows or should know that a child or nonminor who has consented to electronic service is in custody at the time that a notice will issue, the entity must also provide service of the notice by first-class mail.

  • (1) Whether the child has regular and reliable access to a means of electronic communication for purposes of communication regarding his or her case;

  • (3) Whether the child understands his or her rights with respect to the provision and withdrawal of consent to electronic service.

  • Electronic service is permitted on a child who is 10 to 15 years of age only upon express consent of the child and the child's attorney by completing the appropriate Judicial Council form.

Cal. Rules of Court, rule 5.524. Form of petition; notice of hearing

  • After reasonable notification by counsel representing the child, or representing the child's parents or guardian, the clerk must notify such counsel of the hearings as prescribed in section 630.1.

  • Immediately after the filing of a petition to detain a child, the probation officer or the prosecuting attorney must issue and serve notice as prescribed in section 630.

  • Notice required by sections 290.1 and 630 may be given orally.

  • When the petition is filed, the probation officer or social worker must serve a notice of hearing under section 290.1, with a copy of the petition attached.

  • Notice under sections 290.1 and 290.2 may not be served electronically.

  • A person may waive service of notice by a voluntary appearance noted in the minutes of the court, or by a written waiver of service filed with the clerk.

  • CASA volunteers are entitled to the same notice as stated in sections 290.1 and 290.2.

  • If the county and the court choose to allow notice by electronic service of hearings under sections 291-295, the court must develop a process for obtaining consent from persons entitled to notice that complies with section 212.5 and ensures that notice can be effectuated according to statutory timelines.

  • When a petition is filed, the clerk must issue and serve a notice of hearing in accordance with sections 658, 659, and 660 with a copy of the petition attached.

  • On filing of the petition, the clerk must issue and serve notice as prescribed in section 290.2, along with a copy of the petition.

Cal. Rules of Court, rule 5.530. Persons present

  • In dependency proceedings concerning a child with a section 300 petition, notice of the listed hearings must be sent to the incarcerated parent as required by the cited statutes.

    The rule's wording

    Notice must be sent to an incarcerated parent of a detention hearing under section 319 as required by sections 290.1 and 290.2; a jurisdictional hearing under section 355 or a dispositional hearing under section 358 or 361 as required by section 291; a review hearing under section 366.21, 366.22, or 366.25 as required by section 293; or a permanency planning hearing under section 366.26 as required by section 294.
  • When the court issues an order under (f)(2) or (f)(3) in a dependency proceeding concerning a child with a section 300 petition, the attached forms must be served on the parent, the parent's attorney, the institution's person in charge, and the county sheriff's department at least 15 days before the hearing.

    The rule's wording

    When issuing an order under (2) or (3), the court must require that Order for Prisoner's Appearance at Hearing Affecting Parental Rights (form JV-450) and a copy of Prisoner's Statement Regarding Appearance at Hearing Affecting Parental Rights (form JV-451) be attached to the notice of hearing and served on the parent, the parent's attorney, the person in charge of the institution, and the sheriff's department of the county in which the order is issued by the person responsible for giving notice of the hearing at issue not less than 15 days before the date of the hearing.

Cal. Rules of Court, rule 5.534. General provisions-all proceedings

  • When form JV-290 or a caregiver letter is filed, the court clerk must provide the social worker, all unrepresented parties, and all attorneys with a copy of the completed form or letter immediately upon receipt.

  • Instruction Sheet for Caregiver Information Form (form JV-290-INFO).

  • For any child who has been removed from the home, the court must ensure that notice of statutory review hearings, permanency hearings, and section 366.26 hearings has been provided to the current caregiver of the child, including foster parents, preadoptive parents, relative caregivers, and nonrelative extended family members.

  • Form EFS-005-JV/JV-141 must be served on all legal parties and their attorneys of record, including the listed participants in the action.

    The rule's wording

    The persons required to be served form EFS-005-JV/JV-141 are all legal parties to the action and their attorneys of record, including, but not limited to, the social services agency, the child, any parent, a legal guardian, a Court Appointed Special Advocate, and a guardian ad litem.
  • In the case of an Indian child, the Indian custodian, if any, and the child's tribe must be served pursuant to section 224.2.

  • When form JV-285 or a relative's letter is received by the court, the clerk must provide the social worker or probation officer, all self-represented parties, and all attorneys with a copy of the completed form or letter.

  • If a person under 18 years old files form EFS-005-JV/JV-141, he or she must ask his or her attorney or another adult to serve the document on the other parties and persons required to be served in the case.

  • Caregiver Information Form (form JV-290); and

  • Notice of dispositional hearings also must be provided to these individuals when the dispositional hearing is serving as a permanency hearing under section 361.5(f).

  • The clerk may use any technology designed to speed the distribution process, including drop boxes in the courthouse, e-mail, fax, or other electronic transmission, as defined in rule 2.250, to distribute the JV-290 form or letter and proof of service form.

  • The judge may order service to be made on additional parties or persons.

  • A summary of his or her recommendations for disposition, and any recommendations for change in custody or status;

Cal. Rules of Court, rule 5.538. Conduct of proceedings held before a referee not acting as a temporary judge

  • In each case, the referee must furnish and serve the findings and order and provide an explanation of the right to review the order in accordance with sections 248 and 248.5.

Cal. Rules of Court, rule 5.544. Prehearing motions (§ 700.1)

  • (1) At least 5 judicial days before the date the jurisdiction hearing is set to begin if the child is detained or the motion is one to suppress evidence obtained as a result of an unlawful search and seizure; or

  • (2) At least 10 judicial days before the date the jurisdiction hearing is set to begin if the child is not detained and the motion is other than one to suppress evidence obtained as a result of an unlawful search and seizure.

Cal. Rules of Court, rule 5.550. Continuances

  • In order to obtain a continuance, written notice with supporting documents must be filed and served on all parties at least two court days before the date set for hearing, unless the court finds good cause for hearing an oral motion.

  • In order to obtain a continuance, written notice with supporting documents must be filed and served on all parties at least two court days before the date set for the hearing, unless the court finds good cause for failure to comply with these requirements.

Cal. Rules of Court, rule 5.552. Procedure for requesting any juvenile delinquency case file and a living child’s juvenile dependency case file (§§ 827(a)(1), 827.12, 828)

  • The clerk must give notice of the hearing to the persons and entities listed in (b)(1).

  • At least 10 days before submitting the petition, the petitioner must serve the listed recipients personally or by first-class mail with forms JV-570 and JV-571 and a blank form JV-572.

    The rule's wording

    At least 10 days before the petition is submitted to the court, the petitioner must personally or by first-class mail serve Petition for Access to Juvenile Delinquency Case File or a Living Child’s Juvenile Dependency Case File (form JV-570), Notice of Petition for Access to Juvenile Delinquency Case File or a Living Child’s Juvenile Dependency Case File (form JV-571), and a blank copy of Objection to Release of Juvenile Delinquency Case File or a Living Child’s Juvenile Dependency Case File (form JV-572) on the following:
  • Serve personally or by first-class mail to the last known address a copy of Petition for Access to Juvenile Delinquency Case File or a Living Child’s Juvenile Dependency Case File (form JV-570), Notice of Petition for Access to Juvenile Delinquency Case File or a Living Child’s Juvenile Dependency Case File (form JV-571), and a blank copy of Objection to Release of Juvenile Delinquency Case File or a Living Child’s Juvenile Dependency Case File (form JV-572);

  • For release of information for human-subject research, the probation department must notify the public defender’s office or the juvenile’s retained attorney 30 days before court authorization so an objection may be filed.

    The rule's wording

    If the information is being released for human subject research as defined in 45 Code of Federal Regulations part 46, the probation department must provide notice to the office of the public defender or the juvenile’s retained attorney 30 days before the court authorizes the release of the information so that the office has an opportunity to file an objection to the release with the court.

Cal. Rules of Court, rule 5.553. Procedure for requesting a deceased child’s juvenile dependency case file (§ 827(a)(2))

  • (A) Serve on those parties, personally or by first-class mail to the last known address, a copy of Petition for Public Disclosure of a Deceased Child’s Juvenile Dependency Case File (JV-584), Notice of Petition for Public Disclosure of a Deceased Child’s Juvenile Dependency Case File (JV-585), and a blank copy of Objection to Public Disclosure of a Deceased Child’s Juvenile Dependency Case File (form JV-586); and

  • (B) Complete Proof of Service—Petition for Public Disclosure of a Deceased Child’s Juvenile Dependency Case File (form JV-583) and file it with the court.

  • (2) The petitioner must complete Proof of Service—Petition for Public Disclosure of a Deceased Child’s Juvenile Dependency Case File (form JV-583) and file it with the court.

  • Upon filing a section 827(a)(2) petition, the petitioner must serve the specified petition, notice, and blank objection form on the listed recipients whose identities and contact information are known, using personal service or first-class mail.

    The rule's wording

    (1) Upon filing a petition under section 827(a)(2), the petitioner must personally or by first-class mail serve a copy of the Petition for Public Disclosure of a Deceased Child’s Juvenile Dependency Case File (form JV-584) that was filed with the court, Notice of Petition for Public Disclosure of a Deceased Child’s Juvenile Dependency Case File (form JV-585), and a blank copy of Objection to Public Disclosure of a Deceased Child’s Juvenile Dependency Case File (form JV-586) on the following, to the extent that their identity and contact information is known by the petitioner: (A) The custodian of records, as defined in section 10850.4(k)(2); (B) The county counsel, city attorney, or any other attorney representing the custodian of records; (C) Any surviving sibling, child, or nonminor dependent whose information is directly or indirectly included in the deceased child’s juvenile case file or who may be identified by information in the deceased child’s juvenile case file; (D) Any of the following who is authorized to represent the interest of a surviving sibling, child, or nonminor dependent described in (C): (i) The parent or guardian of any surviving minor sibling or child; and (ii) The attorney of record or legal representative of any surviving sibling, child, or nonminor dependent; (E) Anyone with a surviving interest protected by another state or federal law prohibiting or limiting the release of the juvenile case file or any portions thereof under section 827(a)(3); (F) The attorney of record or legal representative of the individual protected under section 827(a)(3); (G) The Indian tribe—and, if applicable, the Indian custodian—of any surviving sibling, child, nonminor dependent, or individual protected under section 827(a)(3), who is or was an Indian child as defined in section 224.1(b); and (H) Any other interested party as determined by the court.

Cal. Rules of Court, rule 5.555. Hearing to consider termination of juvenile court jurisdiction over a nonminor-dependents or wards of the juvenile court in a foster care placement and nonminor dependents (§§ 224.1(b), 303, 366.31, 391, 451, 452, 607.2, 607.3, 16501.1 (g)(16))

  • Notice of the hearing must be given as required by section 295.

  • the social worker or probation officer must provide copies of the report and other documents to the nonminor, the nonminor's parent, and all attorneys of record.

  • If the nonminor is under juvenile court jurisdiction as a nonminor dependent, the social worker or probation officer is not required to provide copies of the report and other documents to the nonminor dependent's parent, unless the parent is receiving court-ordered family reunification services.

  • Notice of the hearing to the parent of a nonminor dependent as defined in section 11400(v) is not required, unless the parent is receiving court-ordered family reunification services or the nonminor is living in the home of the parent or former legal guardian.

Cal. Rules of Court, rule 5.565. Hearing on subsequent and supplemental petitions (§§ 342, 364, 386, 387)

  • For petitions filed under section 342 or section 387, notice must be provided in accordance with section 297.

  • For petitions filed under section 364, notice must be provided in accordance with section 292.

Cal. Rules of Court, rule 5.570. Request to change court order (petition for modification)

  • (1) If a petition is filed under section 388 or section 778 to terminate juvenile court jurisdiction over a nonminor, notice of the hearing must be given as required by section 295.

  • (2) For hearings on all other petitions filed under section 388 or section 778, notice of the hearing must be provided as required under section 297, or sections 776 and 779, except that notice to parents or former guardians of a nonminor must be provided only if the nonminor requests, in writing on the face of the petition, that such notice be provided, or if the parent or legal guardian is receiving court-ordered family reunification services.

Cal. Rules of Court, rule 5.575. Joinder of agencies

  • The clerk must cause the notice to be served on the agency and all parties, attorneys of record, the CASA volunteer, any other person or entity entitled to notice under section 291 or 658, and, if the hearing might address educational or developmental-services issues, the educational rights holder by first-class mail within 5 court days of the signing of the notice.

Cal. Rules of Court, rule 5.580. Hearing on violation of probation (§ 777)

  • The report must be furnished to all parties at least 48 hours, excluding noncourt days, before the beginning of the hearing unless the child is represented by counsel and waives the right to service of the report.

  • Notice of a hearing to be held under section 777 must be issued and served as provided in sections 658, 660, and 777 and prepared:

Cal. Rules of Court, rule 5.590. Advisement of right to review in section 300, 601, or 602 cases

  • If the parent or guardian is not present at the hearing, the advisement must be made by the clerk of the court by first-class mail to the last known address of the party or by electronic service in accordance with section 212.5.

  • If the notice is for a hearing at which the social worker will recommend the termination of parental rights, the notice may be electronically served in accordance with section 212.5, but only in addition to service of the notice by first-class mail.

  • (2) If a party is not present when the court orders a hearing under section 366.26, within 24 hours of the hearing, the advisement must be made by the clerk of the court by first-class mail to the last known address of the party or by electronic service in accordance with section 212.5.

Cal. Rules of Court, rule 5.605. Emancipation of minors

  • The petitioner is responsible for notifying all other persons to whom the court requires notice.

  • If the court sets the matter for hearing, the clerk must notify the district attorney of the hearing’s time and date.

    The rule's wording

    If the court orders the matter set for hearing, the clerk must notify the district attorney of the time and date of the hearing, which must be within 30 days of the order prescribing notice and setting for hearing.

Cal. Rules of Court, rule 5.614. Out-of-county placements

  • (3) Notice must be by either first-class mail, sent to the last known address of the person to be noticed; electronic service in accordance with Welfare and Institutions Code section 212.5; or personal service;

  • (1) Notice must be served by either first-class mail, sent to the last known address of the person to be noticed; electronic service in accordance with Welfare and Institutions Code section 212.5; or personal service at least 14 days before the placement, unless the child's health or well-being is endangered by delaying the action or would be endangered if prior notice were given;

  • If the requirements for emergency placement in section 361.4 are met, the agency must provide notice as required in section 16010.6.

  • (4) The child's CASA program, if any.

  • (2) If the party objecting to the removal is represented by counsel, that counsel must provide notice of the hearing to the agency and the participants listed in (b);

  • (2) Notice to the child's identified Indian tribe and Indian custodian must comply with the requirements of section 224.3; and

  • (1) If the party objecting to the removal is not represented by counsel, the clerk must provide notice of the hearing to the agency and the participants listed in (b);

  • (3) The Indian child's Indian custodian, if any; and

  • (3) Proof of Notice (form JV-326) must be filed with the court before any hearing on the proposed out-of-county placement.

  • (2) The Indian child's identified Indian tribe, if any;

  • (1) The persons listed in section 361.2(h);

  • (5) Proof of Notice (form JV-326) must be filed with the court before the hearing on the proposed removal.

  • (4) Notice to the child's identified Indian tribe and Indian custodian must comply with the requirements of section 224.3; and

Cal. Rules of Court, rule 5.618. Placement in short-term residential therapeutic program (§§ 361.22, 727.12)

  • (7) The district attorney, if the youth is a ward of the juvenile court;

  • (4) A nonminor dependent's guardian ad litem if one has been appointed under Code of Civil Procedure section 372 and Probate Code sections 810-813;

  • (5) The district attorney, if the youth is a ward of the juvenile court;

  • (6) The child's or nonminor dependent's Court Appointed Special Advocate volunteer, if applicable; and

  • (1) The child's parents and their attorneys of record, if parental rights have not been terminated, or a nonminor dependent's parents and their attorneys of record, if the parent is receiving family reunification services;

  • (5) The child's or nonminor dependent's Indian tribe and any Indian custodian, in the case of an Indian child, and their attorneys of record;

  • (9) The child's or nonminor dependent's Court Appointed Special Advocate volunteer, if applicable.

  • (3) The attorney of record for the child or nonminor dependent, or their CAPTA guardian ad litem as defined by rule 5.662, and the child if 10 years of age or older, or the nonminor dependent;

  • (2) The child's legal guardians, if applicable, and their attorneys of record or a nonminor dependent's legal guardians and their attorneys of record, if the legal guardian is receiving family reunification services;

  • (3) The attorney of record for the child or nonminor dependent, or their CAPTA guardian ad litem as defined by rule 5.662, and the child, if 10 years of age or older, or the nonminor dependent;

  • (6) The social worker or probation officer;

  • (4) The child's or nonminor dependent's Indian tribe and any Indian custodian, in the case of an Indian child, and their attorneys of record;

  • (7) A nonminor dependent's guardian ad litem, if one has been appointed under Code of Civil Procedure section 372 and Probate Code sections 810-813.

  • (8) The county counsel, if the youth is a dependent of the juvenile court; and

  • (B) No later than 5 court days before the hearing date, the placing agency has filed Proof of Service-Short-Term Residential Therapeutic Program Placement or Community Treatment Facility (JV-237) verifying that the parties listed in (e)(1) were served, no later than 10 court days before the hearing date, a copy of the report described in section 361.22(c) or 727.12(c) and a completed Notice of Request for Approval of Short-Term Residential Therapeutic Program or Community Treatment Facility Without a Hearing (form JV-240);

  • (4) Local county practice and local rules of court determine the procedures for completing, filing, and serving form JV-236, except as otherwise provided in this rule.

  • (2) The child's legal guardians, if applicable, and their attorneys of record or the nonminor dependent's legal guardians and their attorneys of record, if the legal guardian is receiving family reunification services;

  • (2) The report must be served on the individuals listed in (c) of this rule no later than seven calendar days before the hearing.

Cal. Rules of Court, rule 5.619. Voluntary placement in psychiatric residential treatment facility (Welf. & Inst. Code, §§ 361.23, 727.13)

  • The social worker or probation officer must orally notify the parties identified in section 361.23(b)(3), 361.23(e)(3), 727.13(b)(3), or 727.13(e)(3) of the date, time, and location of the hearing.

  • The court must immediately notify the social worker or probation officer and the child, nonminor, or nonminor dependent's counsel of the date, time, and location of the hearing.

  • At least 10 days before the hearing, the child welfare agency or probation department must provide notice of the date, time, and location of the hearing to review the placement to all parties identified in section 361.23(b)(3), 361.23(e)(3), 727.13(b)(3), or 727.13(e)(3).

Cal. Rules of Court, rule 5.620. Orders after filing under section 300

  • The clerk of the probate court must file the notice in the probate file and send a copy of the notice to all parties of record identified in that file.

  • If the court terminates or modifies a previously established probate guardianship, the court must provide notice of the order to the probate court that made the original appointment.

  • The notice requirements in section 294 apply.

Cal. Rules of Court, rule 5.625. Orders after filing of petition under section 601 or 602

  • The notice requirements in section 294 apply.

  • The clerk of the probate court must file the notice in the probate file and send a copy of the notice to all parties of record identified in that file.

  • If the court terminates or modifies a previously established probate guardianship, the court must provide notice of the order to the probate court that made the original appointment.

Cal. Rules of Court, rule 5.630. Restraining orders

  • When any of the listed restraining orders is served, it must be served with blank forms JV-270 and JV-270-INFO, although failure to serve those forms does not invalidate service of the order.

    The rule's wording

    When service of Temporary Restraining Order—Juvenile (form JV-250), Temporary Restraining Order Against a Child (form JV-260), Juvenile Restraining Order After Hearing (form JV-255), or Juvenile Restraining Order Against a Child—Order After Hearing (form JV-265) is made, it must be served with a blank Receipt for Firearms, Firearm Parts, and Ammunition (form DV-800/JV-270) and How Do I Turn In, Sell, or Store Firearms, Firearm Parts, and Ammunition? (form DV-800-INFO/JV-270-INFO). Failure to serve form JV-270 or JV-270-INFO does not make service of form JV-250, form JV-255, form JV-260, or form JV-265 invalid.
  • If an oral application results in a temporary order, the court may direct the requesting party to serve the order on the restrained person.

    The rule's wording

    If the application is made orally and the court grants a temporary order, the court may direct the requesting party to prepare a temporary order, as directed in (8) below, obtain the judicial officer's signature, file the order with the court, and serve the order on the restrained person.

Cal. Rules of Court, rule 5.635. Parentage

  • When an alleged parent is identified for a child with a petition under section 300, 601, or 602, the clerk must send that person the petition, hearing notice, and form JV-505 by certified mail, return receipt requested, to the last known address, unless an exception applies.

    The rule's wording

    If, after inquiry by the court or through other information obtained by the county welfare department or probation department, one or more persons are identified as alleged parents of a child for whom a petition under section 300, 601, or 602 has been filed, the clerk must provide to each named alleged parent, at the last known address, by certified mail, return receipt requested, a copy of the petition, notice of the next scheduled hearing, and Statement Regarding Parentage (Juvenile) (form JV-505) unless:

Cal. Rules of Court, rule 5.637. Family Finding (§§ 309(e), 628(d))

  • (B) An explanation in writing of the available options to participate in the child's care and placement, including the information set forth in section 309(e)(1)(B); and

  • A social worker or probation officer who determines that notification of kin is inappropriate under this subdivision must notify the court that kin has not been notified and explain the reasoning underlying that lack of notification.

  • (B) An explanation in writing of the available options to participate in the child's care and placement, including the information set forth in section 628(d)(2)(B).

  • (C) A copy of Relative Information (form JV-285) for providing information to the social worker and the court regarding the child's needs and to request permission to address the court, if desired.

  • Oral notification in person or by telephone of the information must also be provided to the child's kin, when appropriate.

  • (A) Written notification that the child has been removed from the parent, guardian, or Indian custodian's custody;

  • The social worker or probation officer is not required to notify kin whose personal history of family or domestic violence would make notification inappropriate.

  • (A) Written notification that the child has been removed from the parent, guardian, or Indian custodian's custody; and

Cal. Rules of Court, rule 5.640. Psychotropic medications

  • If a hearing is set, the clerk must notify the listed recipients of its date, time, and location at least two court days beforehand, with notice also going to the probation officer and district attorney when the child is a ward.

    The rule's wording

    If the court sets the matter for a hearing, the clerk of the court must provide notice of the date, time, and location of the hearing to the parents, legal guardians, or Indian custodian, their attorneys of record, the dependent child if 12 years of age or older, a ward of the juvenile court of any age, the child's attorney of record, the child's current caregiver, the child's social worker or probation officer, the social worker's or probation officer's attorney of record, the child's Child Abuse Prevention and Treatment Act guardian ad litem, the child's Court Appointed Special Advocate, if any, and the Indian child's tribe at least two court days before the hearing. Notice must be provided to the child's probation officer and the district attorney, if the child is a ward of the juvenile court.
  • If the child is living in a group home or a short-term residential therapeutic program, notice to the caregiver must be by notice to the facility administrator as defined in California Code of Regulations, title 22, section 84064, or to the administrator's designee.

  • When a progress review is not held with a status review hearing, notice must comply with section 293 or 295, may not electronically serve psychological or medical documentation, and must identify the progress review and include blank forms JV-218 and JV-219.

    The rule's wording

    If the progress review is not held at the time of the status review hearing, notice must be provided as required under section 293 or 295, except that electronic service of psychological or medical documentation related to a child is not permitted. The notice must include a statement that the hearing will be a progress review on previously ordered psychotropic medication; and must include a blank copy of Child's Opinion About the Medicine (form JV-218) and a blank copy of Statement About Medicine Prescribed (form JV-219).
  • When a progress review is held with a status review hearing, notice must comply with section 293 or 295, may not electronically serve psychological or medical documentation, and must identify the progress review and include blank forms JV-218 and JV-219.

    The rule's wording

    If the progress review is held at the time of the status review hearing, notice must be provided as required under section 293 or 295, except that electronic service of psychological or medical documentation related to a child is not permitted. The notice must include a statement that the hearing will also be a progress review on previously ordered psychotropic medication, and must include a blank copy of Child's Opinion About the Medicine (form JV-218) and a blank copy of Statement About Medicine Prescribed (form JV-219).
  • Notice of the psychotropic medication application must be provided to the listed parents, guardians, custodians, attorneys, caregiver, advocate, and, for an Indian child, the tribe.

    The rule's wording

    Notice of the application must be provided to the parents, legal guardians, or Indian custodian, their attorneys of record, the child's attorney of record, the child's Child Abuse Prevention and Treatment Act guardian ad litem, the child's current caregiver, the child's Court Appointed Special Advocate, if any, and where a child has been determined to be an Indian child, the Indian child's tribe (see also 25 U.S.C. § 1903(4)-(5); Welf. & Inst. Code, §§ 224.1(a) and (e) and 224.3).
  • The person or persons responsible for providing notice as required by local court rules or local practice protocols are encouraged to use the most expeditious legally authorized manner of service possible to ensure timely notice.

  • The copy of the order must be provided in person or mailed within two court days of when the order is signed.

  • Psychological or medical documentation related to a minor may not be served electronically.

Cal. Rules of Court, rule 5.642. Authorization to release psychotropic medication prescription information to Medical Board of California

  • The California Department of Social Services must also notify the child's, nonminor dependent's, or former dependent's or ward's attorney, including in cases when jurisdiction has been terminated.

  • If the California Department of Social Services releases identifying information to the Medical Board of California, the California Department of Social Services must notify the child, nonminor dependent, or former dependent or ward, at the last known address.

  • Within three court days of filing, the clerk of the superior court must send form JV-229 to the California Department of Social Services at the address indicated on the form.

  • Within three court days of filing, the clerk of the superior court must send form JV-228 to the California Department of Social Services at the address indicated on the form.

Cal. Rules of Court, rule 5.647. Medi-Cal: Presumptive Transfer of Specialty Mental Health Services

  • If a hearing is requested, form JV-214 must be provided to the placing agency within seven court days of the petitioner's being noticed of the placing agency's determination on the request for waiver of presumptive transfer.

  • (A) The parents-unless parental rights have been terminated-or guardians of the child; (B) The petitioner; (C) The social worker or probation officer; (D) The mental health care decision maker for the child or nonminor, if one has been appointed under section 361(a)(1); (E) The Indian child's tribe, if applicable, as defined in rule 5.502; (F) The child-if 10 years of age or older-or nonminor; and (G) All other persons entitled to notice under section 293 or section 727.4(a).

  • The social worker or probation officer must provide the report in (d) to the court, all parties to the case, and the person or agency that requested the waiver no later than two court days after the hearing is set under (c)(1).

Cal. Rules of Court, rule 5.649. Right to make educational or developmental-services decisions

  • After each hearing where a party has requested a modification, limitation, or restoration of educational or developmental-services decisionmaking rights, the court clerk must serve the most current forms JV-535 and JV-535(A) on each applicable party.

Cal. Rules of Court, rule 5.650. Appointed educational rights holder

  • The completed and signed form must be provided no later than five court days from the date the order is signed.

  • When the court refers a child to the local educational agency for surrogate-parent appointment, form JV-536 must be served by first-class mail on the agency no later than five court days after the order is signed.

    The rule's wording

    If the court refers a child to the local educational agency for appointment of a surrogate parent, the court must order that Local Educational Agency Response to JV-535-Appointment of Surrogate Parent (form JV-536) be attached to form JV-535 and served by first-class mail on the local educational agency no later than five court days from the date the order is signed.
  • (A) The parents or guardians, unless otherwise indicated on the most recent form JV-535, parental rights have been terminated, or the child has reached 18 years of age; (B) Each attorney of record; (C) The social worker or probation officer; (D) The CASA volunteer; and (E) All other persons or entities entitled to notice under section 293.

  • The clerk must also ensure that any immediately preceding educational rights holder, surrogate parent, or authorized representative, if any, is notified that the previous court order has been vacated and their appointment terminated.

  • Whenever a surrogate parent resigns or the local educational agency terminates the appointment of a surrogate parent, replaces a surrogate parent, or appoints another surrogate parent, it must notify the court, the child's attorney, and the social worker or probation officer on form JV-536 within five court days of the resignation, termination, replacement, or appointment.

  • Whenever the local educational agency appoints a surrogate parent for a dependent or ward under Government Code section 7579.5(a)(1), it must notify the court on form JV-536 within five court days of the appointment and, at the same time, must send copies of the notice to the child's attorney and to the social worker or probation officer identified on the form.

  • The clerk will make copies of the form available to the parents or guardians, unless otherwise indicated on the form, parental rights have been terminated, or the child has reached 18 years of age and reunification services have been terminated; to the CASA volunteer; and, if requested, to all other persons or entities entitled to notice under section 293.

  • If the local educational agency does not appoint a surrogate parent within 30 days of receipt of a judicial request, it must notify the court within the next five court days on form JV-536 of the following:

  • The educational rights holder must receive notice of all regularly scheduled juvenile court hearings and other judicial hearings that might affect the child's or youth's education and developmental services, including joint assessment hearings under rule 5.512 and joinder proceedings under rule 5.575.

  • The child's attorney, the social worker, or the probation officer may request a hearing for appointment of a new educational rights holder by filing Request for Hearing Regarding Child's Access to Services (form JV-539) and must provide notice of the hearing as provided in (g)(2).

  • Whenever the order identifies or appoints a new or different educational rights holder or includes any other changes, the clerk will provide a copy of the completed and signed form JV-535, form JV-535(A) if attached, and any received form JV-536 or JV-537 to: (1) The child, if 10 years of age or older, or youth; (2) The attorney for the child or youth; (3) The social worker or probation officer; (4) The Indian child's tribe, if applicable, as defined in rule 5.502; (5) The local foster youth educational liaison, as defined in Education Code section 48853.5; (6) The county office of education foster youth services coordinator; (7) The regional center service coordinator, if applicable; and (8) The educational rights holder.

Cal. Rules of Court, rule 5.651. Educational and developmental-services decisionmaking rights

  • After receipt of the form, the clerk must notify the persons in (e)(2)(A)(ii) of the hearing date.

  • If the attorney requests a hearing, the attorney must notify the listed recipients of a hearing date no later than five court days after filing form JV-539, subject to the stated exceptions to notice to parents or guardians.

    The rule's wording

    Provide notice of the hearing date, which will be no later than five court days after the form was filed, to the parents or guardians, unless otherwise indicated on form JV-535, parental rights have been terminated, or the youth has reached 18 years of age and reunification services have been terminated; the social worker or probation officer; the educational rights holder or surrogate parent; the foster youth educational liaison; the Court Appointed Special Advocate (CASA) volunteer; and all other persons or entities entitled to notice under section 293.

Cal. Rules of Court, rule 5.652. Access to pupil records for truancy purposes

  • serve it with Local Educational Agency Response to JV-530 (form JV-531), by first-class mail to the local educational agency.

Cal. Rules of Court, rule 5.655. Program requirements for Court Appointed Special Advocate programs

  • This rule must also specify that the CASA court report must be distributed to the persons entitled to receive it at least two court days before the hearing for which the report was prepared.

Cal. Rules of Court, rule 5.661. Representation of the child on appeal

  • The child's trial counsel or guardian ad litem must serve a copy of the recommendation filed in the Court of Appeal on the district appellate project and the trial court.

Cal. Rules of Court, rule 5.684. Contested hearing on petition

  • The social study must be provided to all parties and their counsel by the county welfare department within a reasonable time before the hearing.

Cal. Rules of Court, rule 5.690. General conduct of disposition hearing

  • and the clerk must make the copies available to the parties and attorneys.

Cal. Rules of Court, rule 5.695. Findings and orders of the court-disposition

  • When the court orders a section 366.26 hearing, notice to parties who are not present must be served by first-class mail or electronic service under section 212.5.

    The rule's wording

    When the court orders a hearing under section 366.26, the court must advise orally all parties present, and by first-class mail or by electronic service in accordance with section 212.5 for parties not present, that if the party wishes to preserve any right to review on appeal of the order setting the hearing under section 366.26, the party must seek an extraordinary writ by filing a Notice of Intent to File Writ Petition and Request for Record (California Rules of Court, Rule 8.450) (form JV-820) or other notice of intent to file a writ petition and request for record and a Petition for Extraordinary Writ (California Rules of Court, Rules 8.452, 8.456) (form JV-825) or other petition for extraordinary writ.
  • (A) Within 24 hours of the hearing, notice by first-class mail or by electronic service in accordance with section 212.5 must be provided by the clerk of the court to the last known address of any party who is not present when the court orders the hearing under section 366.26.

  • (C) If the notice is for a hearing at which the social worker will recommend the termination of parental rights, the notice may be electronically served in accordance with section 212.5, but only in addition to service of the notice by first-class mail.

Cal. Rules of Court, rule 5.697. Disposition Hearing for a Nonminor (Welf. & Inst. Code, §§ 224.1, 295, 303, 358, 358.1, 361, 366.31, 390, 391)

  • The social worker must serve a copy of the Nonminor's Informed Consent to Hold Disposition Hearing (form JV-463) with the notice to the youth.

  • The social worker must serve written notice of the hearing in the manner provided in section 291 to all persons required to receive notice under section 295, including the nonminor's parent or guardian.

  • After receiving the social study copies, the clerk must make them available to the parties and attorneys.

    The rule's wording

    The petitioner must submit the social study and copies of it to the court clerk at least 48 hours before the disposition hearing is set to begin, and the clerk must make the copies available to the parties and attorneys.

Cal. Rules of Court, rule 5.700. Termination of jurisdiction-custody and visitation orders (§§ 302, 304, 361.2, 362.4, 726.5)

  • Within 15 court days of receiving the order, the clerk of the receiving court must send an endorsed filed copy of the order showing the case number assigned by the receiving court by first-class mail or by electronic means in accordance with section 212.5 to the child's parents and the originating juvenile court, with a completed clerk's certificate of service, for inclusion in the child's file.

Cal. Rules of Court, rule 5.706. Family maintenance review hearings (§ 364)

  • The petitioner or the court clerk must give notice of review hearings on Notice of Review Hearing (form JV-280), in the manner provided in section 292, to all persons required to receive notice under section 292 and to any CASA volunteer that has been appointed on the case.

Cal. Rules of Court, rule 5.708. General review hearing requirements

  • If the child signed form JV-228, the social worker must provide a blank form JV-229 before the hearing when it is the last hearing before the child turns 18 or the social worker recommends terminating juvenile court jurisdiction.

    The rule's wording

    If the child has signed Position on Release of Information to Medical Board of California (form JV-228), the social worker must provide the child with a blank copy of Withdrawal of Release of Information to Medical Board of California (form JV-229) before the hearing if it is the last hearing before the child turns 18 years of age or if the social worker is recommending termination of juvenile court jurisdiction.
  • At least 10 calendar days before the hearing, the social worker must file the report and provide copies to the parent or legal guardian and his or her counsel, to counsel for the child, to any CASA volunteer, and, in the case of an Indian child, to the child's identified Indian tribe.

  • The social worker must provide a summary of the recommendations to any foster parents, relative caregivers, or certified foster parents who have been approved for adoption.

  • The petitioner or the clerk must serve written notice of review hearings on Notice of Review Hearing (form JV-280), in the manner provided in sections 224.2 or 293 as appropriate, to all persons or entities entitled to notice under sections 224.2 and 293 and to any CASA volunteer, educational rights holder, or surrogate parent appointed to the case.

  • (1) The court must ensure that notice is provided as required by section 294.

Cal. Rules of Court, rule 5.725. Selection of permanent plan (§§ 366.24, 366.26, 727.3, 727.31)

  • notice must be given to any CASA volunteer, Indian custodian, and de facto parent on Notice of Hearing on Selection of a Permanent Plan (form JV-300).

  • At least 10 calendar days before the hearing, the petitioner must file the assessment, provide copies to each parent or guardian and all counsel of record, and provide a summary of the recommendations to the present custodians of the child, to any CASA volunteer, and to the tribe of an Indian child.

Cal. Rules of Court, rule 5.726. Prospective adoptive parent designation (§§ 366.26(n), 16010.6)

  • (G) The child's CASA program if any.

  • (E) The child's identified Indian tribe if any;

  • (C) The clerk must provide notice of the hearing to the participants listed in (1) above, if the court, caregiver, or child requested the hearing.

  • (B) The current caregiver,

  • (D) The child, if the child is 10 years of age or older;

  • (D) The child's attorney must provide notice of the hearing to the participants listed in (1) above, if the child's attorney requested the hearing.

  • (F) The child's Indian custodian if any; and

  • (A) Service of the notice must be either by first-class mail or electronic service in accordance with section 212.5 sent at least 15 calendar days before the hearing date to the last known address of the person to be noticed, or by personal service on the person at least 10 calendar days before the hearing.

  • (A) The adoption agency;

  • (C) The child's attorney;

  • (2) If the request for designation is made at the same time as a request for hearing on a proposed or emergency removal, notice of the designation hearing must be provided with notice of the hearing on proposed removal, as stated in rule 5.727(f).

Cal. Rules of Court, rule 5.727. Proposed removal (§ 366.26(n))

  • (8) The child's sibling's attorney, if the change in placement of a dependent child will result in the separation of siblings currently placed together.

  • (4) Proof of Notice Under 366.26(n) (form JV-326) must be filed with the court before the hearing on the proposed removal.

  • (3) Notice must be by personal service or by telephone. Notice by personal service must include a copy of the completed forms Notice of Intent to Remove Child (form JV-323) and Objection to Removal (form JV-325). Telephone notice must include the reasons for and against the removal, as indicated on forms JV-323 and JV-325.

  • (3) The child's attorney;

  • (1) The court;

  • (4) Notice to the child's identified Indian tribe and Indian custodian must comply with the requirements of section 224.2.

  • (1) DSS or the agency must serve notice either by first-class mail or by electronic service in accordance with section 212.5, sent to the last known address of the person to be noticed, or by personal service.

  • (3) If service is made through electronic means, service is completed and time to respond is extended in accordance with Code of Civil Procedure section 1010.6.

  • (5) Proof of Notice Under Section 366.26(n) (form JV-326) must be filed with the court before the hearing on the proposed removal.

  • (2) The current caregiver, if that caregiver either is a designated prospective adoptive parent or, on the date of service of the notice, meets the criteria in section 366.26(n)(1);

  • (5) The child's identified Indian tribe if any;

  • (4) The child, if the child is 10 years of age or older;

  • (2) If service is by first-class mail, service is completed and time to respond is extended by five calendar days.

  • (2) The child's attorney must provide notice of the hearing to the agency and the participants listed in (b) above, if the child's attorney requested the hearing.

  • (7) The child's CASA program if any; and

  • (6) The child's Indian custodian if any;

  • (1) The clerk must provide notice of the hearing to the agency and the participants listed in (b) above, if the court, caregiver, or child requested the hearing.

Cal. Rules of Court, rule 5.728. Emergency removal (§ 366.26(n))

  • (2) The child's attorney must provide notice of the hearing to the agency and the participants listed in (b) above, if the child's attorney requested the hearing.

  • (6) The child's Indian custodian if any;

  • Notice must be made in accordance with section 1010.6 of the Code of Civil Procedure section 1010.6.

  • (4) The child if the child is 10 years of age or older;

  • (1) The court;

  • (7) The child's CASA program if any; and

  • (2) Notice must be either by telephone or by personal service of the form.

  • (1) The agency must provide notice of the emergency removal as soon as possible but no later than two court days after the removal.

  • (3) The child's attorney;

  • (8) The child's sibling's attorney, if the change in placement of a dependent child will result in the separation of siblings currently placed together.

  • (2) The caregiver, who is a prospective adoptive parent or who, on the date of service of the notice, may meet the criteria in section 366.26(n)(1);

  • (5) Notice to the court must be served by filing Notice of Emergency Removal (form JV-324) and Proof of Notice Under 366.26(n) (form JV-326) with the court.

  • (3) Notice must be by personal service or by telephone. Notice by personal service must include a copy of the completed Notice of Emergency Removal (form JV-324). Telephone notice must include the reasons for and against the removal, as indicated on forms JV-324 and JV-325.

  • (1) The clerk must provide notice of the hearing to the agency and the participants listed in (b) above, if the court, caregiver, or child requested the hearing.

  • (5) The child's identified Indian tribe if any;

Cal. Rules of Court, rule 5.730. Adoption

  • (5) The California Department of Social Services.

  • (1) Any attorney of record for the child;

  • (2) Any CASA volunteer;

  • (4) The tribe of an Indian child; and

  • (3) The child welfare agency;

Cal. Rules of Court, rule 5.735. Legal guardianship

  • Unless the court proceeds under section 360(a) at the dispositional hearing, notice of the hearing at which the court considers appointing a legal guardian must be given under section 294

Cal. Rules of Court, rule 5.740. Hearings after selection of a permanent plan (§§ 366.26, 366.3, 16501.1)

  • Not less than 15 court days before the hearing date, the clerk must cause notice of the hearing to be given to the department of social services; the guardian; the child, if 10 years or older; parents whose parental rights have not been terminated; the court that established the guardianship, if in another county; and counsel of record for those entitled to notice.

  • Parents whose parental rights have not been terminated must be notified of the hearing on the new plan.

  • If the court terminates a guardianship established in another county, the clerk of the county of current dependency jurisdiction must transmit a certified copy of the order terminating guardianship within 15 days to the court that established the original guardianship.

  • Notice of the hearing must be given as provided in section 295.

Cal. Rules of Court, rule 5.766. General provisions

  • In no case may notice be given following the attachment of jeopardy.

  • Notice of the transfer hearing must be given at least five judicial days before the hearing.

Cal. Rules of Court, rule 5.768. Report of probation officer

  • The probation officer's report on the behavioral patterns and social history of the youth must be furnished to the youth, the parent or guardian, and all counsel at least two court days before commencement of the hearing on the motion.

Cal. Rules of Court, rule 5.776. Grounds for continuance of jurisdiction hearing

  • (1) In order to obtain a continuance, written notice with supporting documents must be filed and served on all parties at least two court days before the date set for the hearing, unless the court finds good cause for failure to comply with these requirements.

Cal. Rules of Court, rule 5.785. General conduct of hearing

  • For the social study submitted before the disposition hearing, the clerk must make copies available to the parties and attorneys.

    The rule's wording

    (2) The probation officer must submit the social study and copies of it to the clerk at least 48 hours before the disposition hearing is set to begin, and the clerk must make the copies available to the parties and attorneys.

Cal. Rules of Court, rule 5.800. Deferred entry of judgment

  • The form must be personally served on the custodial adult at least 24 hours before the time set for the appearance hearing.

Cal. Rules of Court, rule 5.804. Commitment to secure youth treatment facility

  • The proposed plan must be filed with the court and a copy of the plan must be provided to the prosecuting attorney, the youth, and counsel for the youth at least 5 calendar days before the hearing.

Cal. Rules of Court, rule 5.807. Secure youth treatment facility progress review process

  • The moving party must serve the motion on the prosecution, the youth if the youth is not the moving party, and the probation department if the probation department is not the moving party.

Cal. Rules of Court, rule 5.810. Reviews, hearings, and permanency planning

  • At least 10 calendar days before each hearing, the probation officer must file the report and provide copies of the report to the ward, the parent or guardian, all attorneys of record, and any CASA volunteer.

  • No earlier than 30 nor later than 15 calendar days before each hearing date, the probation officer must serve written notice on all persons entitled to notice under section 727.4, as well as the current caregiver, any CASA volunteer or educational rights holder, and all counsel of record.

Cal. Rules of Court, rule 5.811. Modification to transition jurisdiction for a ward older than 17 years and 5 months with a petition subject to dismissal (Welf. & Inst. Code, §§ 450, 451, 727.2(i)-(j), 778; Pen. Code, § 236.14)

  • (2) Proof of service of notice must be filed by the probation officer at least five court days before the hearing.

  • (1) The probation officer must serve written notice of the hearing in the manner provided in section 295.

Cal. Rules of Court, rule 5.813. Modification to transition jurisdiction for a ward older than 18 years and younger than 21 years of age (§§ 450, 451)

  • (1) The probation officer must serve written notice of the hearing in the manner provided in section 295.

  • (2) Proof of service of notice must be filed by the probation officer at least five court days before the hearing.

Cal. Rules of Court, rule 5.814. Modification to transition jurisdiction for a ward older than 17 years, 5 months of age and younger than 18 years of age (§§ 450, 451)

  • Proof of service of notice must be filed by the probation officer at least five court days before the hearing.

  • The probation officer must serve written notice of the hearing in the manner provided in section 295.

Cal. Rules of Court, rule 5.815. Legal guardianship-wards (§§ 366.26, 727.3, 728)

  • The clerk must provide notice of the hearing to the child, the child's parents, and other individuals as required by section 294.

Cal. Rules of Court, rule 5.840. Dismissal of petition and sealing of records (§ 786)

  • The clerk of the issuing court must send a copy of the order to each agency and official listed in the order and provide a copy of the order to the individual whose records have been sealed and his or her attorney.

Cal. Rules of Court, rule 5.860. Prosecuting attorney request to access sealed juvenile case files

  • The juvenile court must notify the person with the sealed record and that person's attorney of record using the documents prepared by the prosecuting attorney within two court days of the request being filed.

Cal. Rules of Court, rule 5.903. Nonminor dependent status review hearing (§§ 224.1(b), 295, 366.1, 366.3, 366.31)

  • The social worker or probation officer must file with the court the report prepared for the hearing and the Transitional Independent Living Case Plan at least 10 calendar days before the hearing, and provide copies of the report and other documents to the nonminor dependent, all attorneys of record, and for the nonminor dependent who has elected to have the Indian Child Welfare Act continue to apply, the tribal representative.

  • The social worker or probation officer must serve written notice of the hearing in the manner provided in section 295, and to all persons required to receive notice under section 295, except notice to the parents of the nonminor dependent is not required.

Cal. Rules of Court, rule 5.906. Request by nonminor for the juvenile court to resume jurisdiction (§§ 224.1(b), 303, 388(e), 388.1)

  • If the nonminor had a CASA and requested notice to the former CASA in JV-466, serve hearing notice on the local CASA office.

    The rule's wording

    The notice of the date, time, place, and purpose of the hearing must be served on the local CASA office if the nonminor had a CASA and included on the form JV-466 a request that notice be provided to the nonminor's former CASA.
  • The court clerk must serve on the placing agency a copy of the written order.

  • The juvenile court clerk must serve notice as soon as possible, but no later than five court days before the date the hearing is set, as follows:

  • A copy of How to Ask to Return to Juvenile Court Jurisdiction and Foster Care (form JV-464-INFO); and

  • A copy of the written order;

  • Hearing notice stating its date, time, place, and purpose, together with JV-466, must be served on the nonminor, counsel, the supervising agency, and the specified agency or tribal attorney.

    The rule's wording

    The notice of the date, time, place, and purpose of the hearing and a copy of the form JV-466 must be served on the nonminor, the nonminor's attorney, the child welfare services agency, the probation department, or the Indian tribal agency that was supervising the nonminor when the juvenile court terminated its delinquency, dependency, or transition jurisdiction over the nonminor, and the attorney for the child welfare services agency, the probation department, or the Indian tribe.
  • At least two court days before the hearing, the social worker, probation officer, or tribal case worker must file the report and any supporting documentation with the court and provide a copy to the nonminor and to the nonminor's attorney of record; and

  • Proof of service of notice must be filed by the juvenile court clerk at least two court days prior to the hearing.

  • Service must be by personal service, by first-class mail, or by electronic service in accordance with section 212.5 within three court days of the issuance of the order.

  • Serve hearing notice on the nonminor’s parents only if the nonminor requested parental notice in form JV-466.

    The rule's wording

    The notice of the date, time, place, and purpose of the hearing must be served on the nonminor's parents only if the nonminor included in the form JV-466 a request that notice be provided to the nonminor's parents.
  • The names and contact information for those attorneys approved by the court to represent children in juvenile court proceedings who have agreed to provide a consultation to any nonminor whose request was denied due to the failure to make a prima facie showing.

  • In addition to serving the written order under (i)(3), the clerk must serve the nonminor with blank forms JV-466 and JV-468 and a copy of form JV-464-INFO.

    The rule's wording

    In addition to the service of a copy of the written order as required in (i)(3), the juvenile court clerk must cause to be served on the nonminor a blank copy of the Request to Return to Juvenile Court Jurisdiction and Foster Care (form JV-466) and Confidential Information-Request to Return to Juvenile Court Jurisdiction and Foster Care (form JV-468), and a copy of How to Ask to Return to Juvenile Court Jurisdiction and Foster Care (form JV-464-INFO).
  • Service must be by personal service, by first-class mail, or by electronic service in accordance with section 212.5 within two court days of the issuance of the order.

  • Notice must not be served on the prosecuting attorney if delinquency jurisdiction has been dismissed, and the nonminor's petition is for the court to assume or resume transition jurisdiction under section 450.

  • If the nonminor is an Indian child who elected in JV-466 to have the Indian Child Welfare Act apply, serve hearing notice on the tribal representative.

    The rule's wording

    The notice of the date, time, place, and purpose of the hearing must be served on the nonminor's tribal representative if the nonminor is an Indian child and indicated on the form JV-466 the nonminor's choice to have the Indian Child Welfare Act apply to the nonminor as a nonminor dependent.
  • A proof of service must be filed.

  • When a prima facie showing is denied, the clerk must serve the nonminor with blank forms JV-466 and JV-468.

    The rule's wording

    A blank copy of Request to Return to Juvenile Court Jurisdiction and Foster Care (form JV-466) and Confidential Information-Request to Return to Juvenile Court Jurisdiction and Foster Care (form JV-468);
  • Service of the notice must be by personal service, by first-class mail, or by electronic service in accordance with section 212.5.

  • The written findings and order must be served by the juvenile court clerk on all persons provided with notice of the hearing under (g)(1).

Cal. Rules of Court, rule 7.51. Service of notice of hearing

  • If the predeceased beneficiary is a "transferee" under Probate Code section 21110(c), to the issue of the predeceased beneficiary determined under Probate Code section 240 and to the residuary beneficiaries of the decedent or to the decedent's heirs if decedent's will does not provide for distribution of the residue of the estate.

  • If a notice is required or permitted to be given to a person who is represented by an attorney of record in the proceeding, the notice must be sent as required in Probate Code section 1214.

  • When a guardian or conservator has been appointed for a person entitled to notice, the notice must be sent to the guardian or conservator.

  • If the court or the petitioner knows or has reason to know, as described in section 224.2(d) of the Welfare and Institutions Code, that an Indian child is the subject of a guardianship or specified conservatorship proceeding, notice must be given as prescribed in rule 7.1015(e).

  • Except as permitted in Probate Code section 1460.1 for guardianships, conservatorships, and certain protective proceedings under division 4 of the Probate Code, notice to a minor must be sent directly to the minor.

  • A separate copy of the notice must be sent to the person or persons having legal custody of the minor, with whom the minor resides.

  • If no personal representative has been appointed for the postdeceased beneficiary, notice must be sent to his or her beneficiaries or other persons entitled to succeed to his or her interest in the decedent's estate.

  • A copy of the notice must also be sent to the ward or conservatee unless: (A) The court dispenses with such notice; or (B) Under Probate Code section 1210 in a decedent's estate proceeding, the notice is personally served on a California- resident guardian or conservator of the estate of the ward or conservatee.

  • A notice mailed to a person in care of another person is insufficient unless the person entitled to notice is an adult and has directed the party giving notice in writing to send the notice in care of the second person.

  • Except as otherwise permitted in the Probate Code, a notice sent by mail under Probate Code section 1220 must be mailed individually and directly to the person entitled to notice.

  • When a beneficiary under the will of the decedent died before the decedent or fails to survive the decedent for a period required by the decedent's will, notice must be sent to the persons named in the decedent's will as substitute beneficiaries of the gift to the predeceased beneficiary.

  • If the predeceased beneficiary is not a "transferee" under Probate Code section 21110(c), to the residuary beneficiaries of the decedent or to the decedent's heirs if decedent's will does not provide for distribution of the residue of the estate.

  • Notices mailed to more than one person in the same household must be sent separately to each person.

  • Notice must be sent to the personal representative of a beneficiary who died after the decedent and survived for a period required by the decedent's will.

Cal. Rules of Court, rule 7.52. Service of notice when recipient's address unknown

  • Mailing notice to a person at a county seat is not a manner of giving notice reasonably calculated to give actual notice.

  • If a person entitled to notice cannot be located after diligent search, the court may prescribe the manner of giving notice to that person or may dispense with notice to that person.

Cal. Rules of Court, rule 7.53. Notice of hearing of amended or supplemented pleadings

  • An amended pleading or an amendment to a pleading requires the same notice of hearing (including publication) as the pleading it amends.

  • A supplement to a pleading does not require additional notice of hearing, but a copy of a supplement to a pleading must be served if service of a copy of the pleading was required, unless waived by the court.

Cal. Rules of Court, rule 7.54. Publication of Notice of Petition to Administer Estate

  • Publication and service of a Notice of Petition to Administer Estate (form DE-121) under Probate Code sections 8110–8125 is sufficient notice of any instrument offered for probate that is filed with, and specifically referred to in, the petition for which notice is given.

  • a new notice must be published and served.

Cal. Rules of Court, rule 7.55. Ex parte application for order

  • Proofs of service of special notice or written waivers of special notice must be filed with the application.

Cal. Rules of Court, rule 7.401. Personal representative's action on the claim

  • (2) Serve a copy of the allowance or rejection on the creditor and the creditor's attorney;

  • (3) File a copy of the allowance or rejection with proof of service with the court.

Cal. Rules of Court, rule 7.576. Final account of conservator of the estate

  • A conservator of the estate who has resigned or been removed must deliver a copy of the conservator's final account and the petition for its settlement with the notice of hearing required by Probate Code section 1460(b)(1) to the successor conservator of the estate in any manner permitted by Probate Code section 1215, unless the court dispenses with that notice.

  • After termination of a conservatorship, a conservator of the estate must deliver a copy of the conservator's final account and the petition for its settlement with the notice of hearing required by Probate Code section 1460(b)(2)-(3) to both the former conservatee and the spouse or domestic partner of the former conservatee in any manner permitted by Probate Code section 1215, unless the court dispenses with that notice.

Cal. Rules of Court, rule 7.704. Apportionment of statutory compensation

  • If there has been a change of personal representative or a substitution of attorneys for the personal representative, notice of hearing of any interim or final petition seeking or waiving an award of statutory compensation must be given to all prior personal representatives or attorneys unless:

  • The court's file and the petition demonstrate that the commissions or fees of the prior personal representatives or attorneys have been previously provided for and allowed by the court.

  • A written, signed agreement on the allocation of statutory commissions or fees between the present personal representative or attorney and all prior personal representatives or attorneys is on file or is included in or filed with the petition; or

  • A waiver of notice executed by all prior personal representatives or attorneys is on file or is filed with the petition;

Cal. Rules of Court, rule 7.801. Objections and responses

  • If the court continues a matter to allow a written objection or response to be made, and the responding or objecting party fails to serve and file a timely objection or response, the court may deem the objections or responses waived.

Cal. Rules of Court, rule 7.802. Electronic filing and service in contested probate proceedings

  • The provisions of Code of Civil Procedure section 1010.6 and rules 2.250–2.261 of the California Rules of Court concerning filing and service by electronic means apply to contested proceedings under the Probate Code and the Probate Rules to the same extent as they apply to other contested civil proceedings in each superior court in this state.

Cal. Rules of Court, rule 7.1003. Confidential guardianship status report form

  • (3) Mail by first class mail to each appointed guardian no later than one month prior to the date the status report is due under (a) a blank copy of Confidential Guardianship Status Report (form GC-251) for each child under guardianship under the same case number.

Cal. Rules of Court, rule 7.1005. Service of copy of final account or report after resignation or removal of guardian

  • A resigned or removed guardian of the estate must serve a copy of the guardian's final account or report and the petition for its settlement, with the notice of hearing that must be served on the successor guardian of the estate under Probate Code section 1460(b)(1), unless the court dispenses with such service.

Cal. Rules of Court, rule 7.1006. Service of copy of final account on termination of guardianship

  • If the minor is deceased, in addition to service of notices of hearing required under Probate Code section 1460(b), on termination of the guardianship the guardian of the estate must serve a notice of hearing and a copy of the guardian's final account and petition for its settlement on the personal representative of the deceased minor's estate, unless the court dispenses with such service.

  • In addition to service of notices of hearing required under Probate Code section 1460(b), on termination of the guardianship the guardian of the estate must serve a copy of the guardian's final account and petition for its settlement on the minor, unless the court dispenses with such service.

  • If the minor is deceased and no personal representative of the minor's estate has been appointed or qualified or if the personal representative of the minor's estate is also the guardian, on termination of the guardianship, in addition to the notices of hearing required under Probate Code section 1460(b), the guardian of the estate must serve a notice of hearing and a copy of the guardian's final account and petition for its settlement on the persons entitled to succeed to the deceased minor's estate, unless the court dispenses with such service.

Cal. Rules of Court, rule 7.1008. Visitation by former guardian after termination of guardianship

  • An order transmitted to the court in the county where the custodial parent resides may be sent to the receiving court's Court Operations Manager, Family Division, or similar senior manager or clerk responsible for the operations of the family law departments of the court.

  • If the receiving court has more than one location, the order may be sent to the main or central district of the court.

  • Following the termination of the guardianship the clerk of the superior court issuing the visitation order concerning the guardian or former guardian and the ward or former ward must promptly transmit an endorsed filed copy of the order to the superior court of the county where a custody proceeding under the Family Code is pending or, if none, to the superior court of the county in which the custodial parent resides.

Cal. Rules of Court, rule 7.1012. The good cause exception to notice of the hearing on a petition for appointment of a temporary guardian

  • (5) Financial emergency. The emergency must be immediate and substantial and other means shown likely to be ineffective to prevent loss or further loss to the proposed ward's estate or loss of support for the proposed ward during the notice period.

  • (3) Changing the required manner of giving notice, including requiring notice by telephone, fax, e-mail, or a combination of these methods, instead of notice by personal delivery to the proposed ward's parents or to a person with a visitation order.

  • (4) Medical emergency. The emergency must be immediate and substantial and treatment (1) must be reasonably unavailable unless a temporary guardian is appointed and (2) cannot be deferred for the notice period because of the proposed ward's pain or extreme discomfort or a significant risk of harm.

  • (1) Waiving notice to one, more than one, or all persons entitled to notice;

  • (2) Harm that one or more persons entitled to notice might do to the proposed ward, including abduction; or harm to the proposed ward's estate if notice to those persons is given. Such a showing would not support an exception to the requirement to give notice to any other person entitled to notice unless it also demonstrates that notice cannot reasonably be given to the other person without also giving notice to the persons who might cause harm.

  • (1) Harm caused by the passage of time. The showing must demonstrate the immediate and substantial harm to the ward or the ward's estate that could occur during the notice period.

  • (2) Requiring a different period of notice; and

  • (3) The death or incapacity of the proposed ward's custodial parent and the petitioner's status as the custodial parent's nominee.

  • Good cause for an exception to the notice required by section 2250(e) must be based on a showing that the exception is necessary to protect the proposed ward or his or her estate from immediate and substantial harm.

Cal. Rules of Court, rule 7.1013. Change of ward’s residence (Prob. Code, §2352)

  • (1) A guardian of the person must file a notice of any change of the ward’s residence with the court no more than 30 days after the date of the change. Unless waived by the court for good cause to prevent harm to the ward, the guardian, the guardian’s attorney, or an employee of the attorney must also deliver notice to each person listed below and file proof of delivery with the court.

  • (2) Except as provided in (e), notice must be delivered using one of the methods authorized by Probate Code section 1215 to:

  • After delivering pre-change notice, the guardian must file the original notice form and proof of delivery with the court.

    The rule's wording

    (1) Unless an emergency requires a shorter notice period a guardian of the person must deliver notice of an intended change of the ward’s residence to each person listed below at least 15 days before the date of the proposed change and then file the original notice form and proof of delivery with the court.
  • (1) The guardian, the guardian’s attorney, or an employee of the attorney may complete delivery of notice and, if applicable, sign and file the proof of delivery by mail on page 2 of the form.

  • For a ward who is at least 18 but not yet 21 years of age, notice under this rule must be delivered only to the ward and the ward’s attorney of record.

  • For post-change notice, the guardian must notify the listed recipients; for a ward aged 18 to 20, notice goes only to the ward and the ward’s attorney of record.

    The rule's wording

    (A) The ward’s attorney of record; (B) The ward’s parents and any former Indian custodian; (C) Any person who had legal custody of the ward when the first petition for appointment of a guardian was filed in the proceeding; (D) Any guardian of the ward’s estate; (E) Any person who was nominated as guardian of the ward but was not appointed; and (F) The ward’s tribe, if the ward is an Indian child and the tribe has intervened in the proceeding.
  • (2) The guardian, the guardian’s attorney, or an employee of the attorney may complete delivery of notice and, if applicable, sign and file the proof of delivery by mail on page 2 of the form.

  • For pre-change notice, the guardian must notify the listed recipients, including the ward if at least 12 years old; for a ward aged 18 to 20, notice goes only to the ward and the ward’s attorney of record.

    The rule's wording

    (A) The ward, if 12 years of age or older; (B) The ward’s attorney of record; (C) The ward’s parents and any former Indian custodian; (D) Any person who had legal custody of the ward when the first petition for appointment of a guardian was filed in the proceeding; (E) Any guardian of the ward’s estate; (F) Any person who was nominated as guardian of the ward but was not appointed; (G) The ward’s tribe, if the ward is an Indian child and the tribe has intervened in the proceeding; and (H) Any interested person who has requested special notice of the matter under Probate Code section 2700.

Cal. Rules of Court, rule 7.1015. Guardianship and certain conservatorship proceedings involving Indian children (Prob. Code, §§ 1449, 1459, 1459.5, 1460.2, 1511(b), (i); Welf. & Inst. Code, §§ 224-224.6; 25 U.S.C. §§ 1901-1963; 25 C.F.R. §§ 23.1-23.144)

  • After a petition for appointment of a guardian or conservator for a minor is filed, if the court or petitioner knows or has reason to know under the cited provisions that the child is an Indian child, the petitioner and court must give the specified recipients notice of the proceeding and the tribe’s right to intervene in the manner prescribed by the cited provisions.

    The rule's wording

    If, at any time after the filing of a petition for appointment of a guardian or conservator for a minor child, the court or petitioner knows or has reason to know, within the meaning of Welfare and Institutions Code section 224.2(d) and rule 5.481(b), that an Indian child is the subject of the proceeding, the petitioner and the court must give notice of the proceeding and the right of the child's tribe to intervene in the manner prescribed by Welfare and Institutions Code section 224.3(a) and rule 5.481(c) to the child's parents, the child's Indian custodian or previously appointed guardian of the person, if any, and the child's tribe or, if the child's tribe has not been determined, all tribes of which the child may be a member or eligible for membership.

Cal. Rules of Court, rule 7.1020. Special Immigrant Juvenile Findings in Guardianship Proceedings

  • Notice of a hearing of a request for findings under this rule, and a copy of the request, must be sent to the minor's parents and the persons listed in section 1460(b) of the Probate Code, in the manner and within the time provided in that section, subject to the provisions of subdivision (e) of that section and sections 1202 and 1460.1 of that code.

Cal. Rules of Court, rule 7.1062. The good cause exception to notice of the hearing on a petition for appointment of a temporary conservator

  • (2) Harm that one or more persons entitled to notice might do to the proposed conservatee or the proposed conservatee's estate if notice is given. Such a showing would not support an exception to the requirement to give notice to any other person entitled to notice unless it also demonstrates that notice cannot reasonably be given to the other person without also giving notice to the persons who might cause harm.

  • (1) Waiving notice to one, more than one, or all persons entitled to notice;

  • (4) Financial emergency. The emergency must be immediate and substantial and other means shown likely to be ineffective to prevent loss or further loss to the proposed conservatee's estate during the notice period.

  • (3) Changing the required manner of giving notice, including requiring notice by telephone, fax, e-mail, or personal delivery, or a combination of these methods, instead of or in addition to notice by mail to the proposed conservatee's spouse or registered domestic partner and relatives.

  • Good cause for an exception to the notice required by section 2250(e) must be based on a showing that the exception is necessary to protect the proposed conservatee or his or her estate from immediate and substantial harm.

  • (2) Requiring a different period of notice; and

  • (3) Medical emergency. The emergency must be immediate and substantial and treatment (1) must be reasonably unavailable unless a temporary conservator is appointed and (2) cannot be deferred for the notice period because of the proposed conservatee's pain or extreme discomfort or a significant risk of harm.

  • (1) Harm caused by the passage of time. The showing must demonstrate the immediate and substantial harm to the conservatee or the conservatee's estate that could occur during the notice period.

Cal. Rules of Court, rule 7.1063. Change of conservatee’s residence; determination of level of care (Prob. Code, §§ 2352, 2352.5)

  • (B) The conservatee’s attorney of record;

  • The conservator, the conservator’s attorney, or an employee of the attorney may complete delivery of notice and, if applicable, sign and file the proof of delivery by mail on page 2 of the form

  • (A) The conservatee;

  • (E) Any interested person who has requested special notice of the matter under Probate Code section 2700.

  • (3) The conservatee’s relatives within the second degree or—if the conservator does not know of any spouse, domestic partner, or relatives within the second degree—the conservatee’s “deemed relatives” under Probate Code section 1821(b)(1)–(4); and

  • (1) The conservatee’s attorney of record;

  • Unless waived by the court for good cause to prevent harm to the conservatee, the conservator must deliver notice to each person listed below and file a proof of delivery with the court.

  • (2) The conservatee’s spouse or registered domestic partner, if any; and

  • (4) Any interested person who has requested special notice of the matter under Probate Code section 2700.

  • (C) The conservatee’s spouse or registered domestic partner, if any;

  • The conservator, the conservator’s attorney, or an employee of the attorney may complete delivery of notice and, if applicable, sign and file the proof of delivery by mail on page 2 of the form.

  • Unless an emergency requires a shorter notice period, a conservator of the person must deliver notice of an intended change of the conservatee’s residence to each person listed below at least 20 days before the date of the proposed change and file the original notice form and proof of delivery with the court.

  • (D) The conservatee’s relatives within the second degree or—if the conservator does not know of any spouse, domestic partner, or relatives within the second degree—the conservatee’s “deemed relatives” under Probate Code section 1821(b)(1)–(4); and

Cal. Rules of Court, rule 7.2210. General provisions

  • The respondent must serve the motion to seal on the other parties not later than the close of the next court day after the motion is filed.

Cal. Rules of Court, rule 7.2223. Venue and transfer (§ 5973)

  • When a proceeding is ordered transferred to the superior court of the respondent's county of residence, the transferring court's clerk must mail notice and a copy of the order to the listed recipients, including the respondent's supporter only with the respondent's express consent.

    The rule's wording

    (1) The clerk of the transferring court must mail notice and a copy of the order to: (A) The petitioner and petitioner's counsel, if any; (B) A former petitioner to whom the court has assigned notice rights under section 5977(b)(7)(B)(ii), if any; (C) The respondent, the respondent's counsel, if any, and, with the respondent's express consent given in writing or orally in court, the respondent's supporter, if any; (D) The county behavioral health agency of the county in which the petition was filed and the agency's counsel, if the agency is not the petitioner; (E) The county agency preparing a report ordered under section 5977(a)(3)(B) and the agency's counsel; and (F) The county behavioral health agency in the respondent's county of residence and the agency's counsel.
  • (3) When a court receives the case file of a transferred proceeding, the receiving court must send written notification of receipt to the transferring court.

  • (2) The clerk of the transferring court must transmit to the clerk of the receiving court a certified copy of the order and all papers on file in the proceeding.

Cal. Rules of Court, rule 7.2230. Counsel for respondent (§§ 5976(c), 5977(a)(3)(A), (a)(5)(C) & (b)(1))

  • On appointment, the court must provide to counsel a copy of the petition.

Cal. Rules of Court, rule 7.2235. Notice of proceedings (§§ 5977-5977.3, 5979)

  • By fax transmission as provided in rule 2.306; or

  • If the court grants the county agency additional time to engage the respondent in voluntary treatment and services before filing the report, the county agency must, within five calendar days of the order, serve written notice of the extended report deadline on the respondent, the respondent's counsel, and the petitioner on form CARE-106 as provided in (d).

  • Nothing in these rules limits the right of the respondent to waive personal service of notice or to choose to receive notice through their attorney or by other means.

  • Electronically as provided in Code of Civil Procedure section 1010.6 and rule 2.251.

  • For hearings after the initial appearance, notice to the respondent must be served personally or, if personal service is impracticable, by a method reasonably calculated to give actual notice.

    The rule's wording

    Notice to the respondent must be served personally or, if personal service is not practicable, by any method reasonably calculated to give the respondent actual notice and include a copy of Notice of Respondent's Rights-CARE Act Proceedings (form CARE-113). Proof of service on the respondent by any method other than personal service must include an explanation why personal service is impracticable and why the alternative method of service used is reasonably calculated to give the respondent actual notice.
  • For the initial appearance under section 5977(b), the county must give at least five court days’ notice of its date, time, and location to the listed recipients, subject to the stated petitioner and residence conditions.

    The rule's wording

    The county must give at least five court days' notice of the date, time, and location of the initial appearance under section 5977(b) to the respondent and the respondent's counsel, the petitioner and the petitioner's counsel unless the county behavioral health agency is the petitioner, and, if the respondent does not reside in the county where the petition is filed, the county behavioral health agency in the respondent's county of residence and the agency's counsel.
  • Notice must be given on Notice of Hearing-CARE Act Proceedings (form CARE-115) and, except as provided in (3), served as provided in (d).

  • Before engaging the respondent and preparing the ordered report, the county agency must give written notice personally or, if personal service is impracticable, by a method reasonably calculated to give actual notice.

    The rule's wording

    Before engaging the respondent and preparing a report ordered under section 5977(a)(3)(B), the county agency ordered to file the report and serve notice of that order must give written notice to the respondent by serving the respondent personally or, if personal service is not practicable, by any method reasonably calculated to give the respondent actual notice. Proof of service on the respondent by any method other than personal service must include an explanation why personal service is impracticable and why the alternative method of service used is reasonably calculated to give the respondent actual notice.
  • Notice must be served on the respondent's counsel by any method provided in (d).

  • Notice must be served on all other persons entitled to receive notice by any method provided in (d).

  • The county must give at least five court days' notice of any hearing after the initial appearance to the respondent, the respondent's counsel, any local government entity the court has joined as a party to the proceedings, and, with the respondent's express consent given in writing or orally in court, the respondent's supporter.

  • Notice of the initial appearance must be served on the respondent personally or, if personal service is impracticable, by a method reasonably calculated to give actual notice.

    The rule's wording

    Notice must be served personally on the respondent or, if personal service is not practicable, by any method reasonably calculated to give the respondent actual notice. Proof of service on the respondent by any method other than personal service must include an explanation why personal service is impracticable and why the alternative method of service used is reasonably calculated to give the respondent actual notice.
  • The county agency must give notice to the respondent's counsel and the petitioner as provided in (d).

  • Personally or by first-class mail, express mail, or overnight delivery on any person;

  • Any such waiver must be in writing or made orally in open court.

Cal. Rules of Court, rule 7.2240. Joinder of local government entity (§ 5977.1(d)(4))

  • The moving party must serve the order to show cause on the local government entity in the manner of a summons as provided in Code of Civil Procedure sections 415.10 and 416.50.

Cal. Rules of Court, rule 7.2301. Order to show cause (§ 5979(b))

  • When a presiding judge or the presiding judge's designee issues an order to show cause why the county or other local government entity should not be fined for not complying with court orders, as provided in section 5979(b)(2)(A), the clerk must serve the order to show cause on the county or other local government entity and the parties and their counsel no fewer than 15 calendar days before the date set for hearing.

Cal. Rules of Court, rule 8.25. Service, filing, and filing fees

  • The party must attach to the document presented for filing a proof of service showing service on each person or entity required to be served under (1), or, if using an electronic filing service provider's automatic electronic document service, the party may have the electronic filing service provider generate a proof of service.

  • The proof must name each party represented by each attorney served.

  • Before filing any document, a party must serve one copy of the document on the attorney for each party separately represented, on each unrepresented party, and on any other person or entity when required by statute or rule.

Cal. Rules of Court, rule 8.29. Service on nonparty public officer or agency

  • (B) A case in which the state or a state officer in his or her official capacity is a party; or

  • (C) A case in which a county is a party, unless the county's interest conflicts with that of the state or a state officer in his or her official capacity.

  • (A) A criminal case;

  • (1) Questions the constitutionality of a state statute;

  • When a statute or this rule requires a party to serve any document on a nonparty public officer or agency, the party must file proof of such service with the document unless a statute permits service after the document is filed, in which case the proof of service must be filed immediately after the document is served on the public officer or agency.

Cal. Rules of Court, rule 8.32. Address and other contact information of record; notice of change

  • An attorney or unrepresented party whose mailing address, telephone number, fax number, or e-mail address changes while a case is pending must promptly serve and file a written notice of the change in the reviewing court in which the case is pending.

Cal. Rules of Court, rule 8.36. Substituting parties; substituting or withdrawing attorneys

  • Substitution of parties in an appeal or original proceeding must be made by serving and filing a motion in the reviewing court.

  • But if the court grants the motion, the withdrawing attorney must promptly provide the court and the opposing party with the party's current or last known address and telephone number.

  • A party may substitute attorneys by serving and filing in the reviewing court a substitution signed by the party represented and the new attorney.

  • Unless the court orders otherwise, the motion need be served only on the party represented and the attorneys directly affected.

  • In all appeals and in original proceedings related to a superior court proceeding, the party must also serve the superior court.

Cal. Rules of Court, rule 8.40. Cover requirements for documents filed in paper form

  • The inclusion of a fax number or e-mail address on any document does not constitute consent to service by fax or e-mail unless otherwise provided by law.

Cal. Rules of Court, rule 8.46. Sealed records

  • Unless the court orders otherwise, serve parties with access to the sealed record with both versions and other parties only with the public redacted version; if only an attorney had access, only that attorney may receive the unredacted version.

    The rule's wording

    Unless the court orders otherwise, any party who had access to the sealed record in the trial court or other proceedings under review must be served with both the unredacted version of all papers as well as the redacted version. Other parties must be served with only the public redacted version. If a party's attorney but not the party had access to the record in the trial court or other proceedings under review, only the party's attorney may be served with the unredacted version.
  • Unless the court orders otherwise, any party that had access to the record in the trial court or other proceedings under review must be served with a complete, unredacted version of all papers as well as a redacted version.

  • Unless the court orders otherwise, parties with access to the sealed record must be served both complete unredacted and redacted papers; if only the party's attorney had access, only that attorney may receive the unredacted version.

    The rule's wording

    Unless the court orders otherwise, any party that had access to the sealed record in the trial court or other proceedings under review must be served with a complete, unredacted version of all papers as well as a redacted version. If a party's attorney but not the party had access to the record in the trial court or other proceedings under review, only the party's attorney may be served with the complete, unredacted version.
  • Unless the court orders otherwise, any party who had access to the conditionally sealed record in the trial court or other proceedings under review must be served with both the unredacted version of all papers as well as the redacted version. Other parties must be served with only the public redacted version.

Cal. Rules of Court, rule 8.47. Confidential records

  • If the defendant does not timely serve and file opposition to the application, the reviewing court clerk must send to the People a copy of the reporter's transcript of, and documents filed or lodged by a defendant in connection with, the in-camera hearing.

  • The People may serve and file an application requesting a copy of the reporter's transcript of, and documents filed or lodged by a defendant in connection with, the in-camera hearing.

  • When a reviewing-court filing must disclose confidential-record material, a party may serve and file a motion or application seeking permission to file it under seal.

    The rule's wording

    To maintain the confidentiality of material contained in a confidential record, if it is necessary to disclose such material in a filing in the reviewing court, a party may serve and file a motion or application in the reviewing court requesting permission for the filing to be under seal.
  • Within 10 days after the application is filed, the defendant may serve and file opposition to this application on the basis that the transcript or documents contain confidential material not relevant to the issues raised by the defendant in the reviewing court.

Cal. Rules of Court, rule 8.50. Applications

  • For good cause, the Chief Justice or presiding justice may excuse advance service.

  • Except as these rules provide otherwise, parties must serve and file all applications in the reviewing court, including applications to extend the time to file records, briefs, or other documents, and applications to shorten time.

Cal. Rules of Court, rule 8.54. Motions

  • Unless these rules provide otherwise, a party making a motion in a reviewing court must serve the written motion.

    The rule's wording

    (1) Except as these rules provide otherwise, a party wanting to make a motion in a reviewing court must serve and file a written motion stating the grounds and the relief requested and identifying any documents on which the motion is based.
  • (3) Any opposition must be served and filed within 15 days after the motion is filed.

Cal. Rules of Court, rule 8.60. Extending time

  • An application to extend time must include a declaration stating facts, not mere conclusions, and must be served on all parties.

Cal. Rules of Court, rule 8.70. Application, construction, and definitions

  • The rules in this article must be construed to authorize and permit filing and service by electronic means to the extent feasible.

Cal. Rules of Court, rule 8.72. Responsibilities of court and electronic filer

  • (2) Furnish one or more electronic service addresses, in the manner specified by the court, at which the electronic filer agrees to accept receipt and filing confirmations under rule 8.77 and, if applicable, at which the electronic filer agrees to receive electronic service; and

Cal. Rules of Court, rule 8.74. Format of electronic documents

  • The electronic media must be served on the parties in accordance with the requirements for service of paper documents.

  • The inclusion of a fax number or email address on any electronic document does not constitute consent to service by fax or email unless otherwise provided by law.

Cal. Rules of Court, rule 8.75. Requirements for signatures on documents

  • At any time after the electronic version of the document is filed, any other party may serve a demand for production of the original signed document. The demand must be served on all other parties but need not be filed with the court.

  • The order must specify the date, time, and place for the production and must be served on all parties.

Cal. Rules of Court, rule 8.77. Actions by court on receipt of electronically submitted document; date and time of filing

  • A record on appeal, brief, or petition in an appeal or original proceeding that is filed and endorsed electronically may be printed and served on the appellant or respondent in the same manner as if it had been filed in paper form.

Cal. Rules of Court, rule 8.78. Electronic service

  • (B) Adopting a local rule stating that the court accepts electronic service.

  • A document may be electronically served on a court if the court consents to electronic service or electronic service is otherwise provided for by law or court order.

  • (A) If electronic service is provided for by law or court order; or

  • (A) Serving a notice on all parties that the court accepts electronic service.

  • (2) Preserve the document served without any change, alteration, or modification from the time the document is posted until the time the hyperlink is terminated; and

  • A party may serve documents electronically directly, by an agent, or through a designated electronic filing service provider.

  • A party may indicate agreement to accept electronic service by registering with the court's electronic filing service provider and providing an electronic service address, subject to the stated opt-out notice procedure.

    The rule's wording

    (B) Registering with the court's electronic filing service provider and providing the party's electronic service address. Registration with the court's electronic filing service provider is deemed to show that the party agrees to accept service at the electronic service address that the party has provided, unless the party serves a notice on all parties and files the notice with the court that the party does not accept electronic service and chooses instead to be served paper copies at an address specified in the notice.
  • A party whose electronic service address changes while the appeal or original proceeding is pending must promptly file a notice of change of address electronically with the court and must serve this notice electronically on all other parties.

  • Notwithstanding (b), parties are responsible for electronic service on all other parties in the case.

  • (B) If the recipient agrees to accept electronic services as provided by these rules and the document is otherwise authorized to be served by mail, express mail, overnight delivery, or fax transmission.

  • A document may be electronically served on a nonparty if the nonparty consents to electronic service or electronic service is otherwise provided for by law or court order.

  • (3) Maintain the hyperlink until the case is final.

  • A party's election to contract with an electronic filing service provider to electronically file and serve documents or to receive electronic service of documents on the party's behalf does not relieve the party of its duties under (1).

  • All provisions of this rule that apply or relate to a party also apply to any nonparty who has agreed to or is otherwise required by law or court order to accept electronic service or to electronically serve documents.

  • The court may deliver any notice, order, opinion, or other document issued by the court by electronic means.

  • (1) Ensure that the documents served can be viewed and downloaded using the hyperlink provided;

Cal. Rules of Court, rule 8.79. Court order requiring electronic service

  • If the reviewing court proposes to make an order under (1) on its own motion, the court must mail notice to the parties.

  • (A) Order a self-represented party to electronically serve or accept electronic service of documents; or

  • (A) Serve all documents electronically, except when personal service is required by statute or rule;

  • (B) Order a trial court to electronically serve documents.

  • When it is not feasible for a party to convert a document to electronic form by scanning, imaging, or another means, the court may allow that party to serve the document in paper form.

  • (B) Accept electronic service of documents.

Cal. Rules of Court, rule 8.100. Filing the appeal

  • To appeal from a superior court judgment or an appealable order of a superior court, other than in a limited civil case, an appellant must serve and file a notice of appeal in that superior court.

  • The appellant must serve the completed Civil Case Information Statement and its required judgment or order attachment.

    The rule's wording

    Within 15 days after the reviewing court assigns the appeal a case number, the appellant must serve and file in the reviewing court a completed Civil Case Information Statement (form APP-004), attaching a copy of the judgment or appealed order that shows the date it was entered.
  • Failure to serve the notice of appeal neither prevents its filing nor affects its validity, but the appellant may be required to remedy the failure.

Cal. Rules of Court, rule 8.104. Time to appeal

  • Service under (1)(A) and (B) may be by any method permitted by the Code of Civil Procedure, including electronic service when permitted under Code of Civil Procedure section 1010.6 and rules 2.250-2.261.

Cal. Rules of Court, rule 8.108. Extending the time to appeal

  • Service under this rule may be by any method permitted by the Code of Civil Procedure, including electronic service when permitted under Code of Civil Procedure section 1010.6 and rules 2.250-2.261.

  • An order or notice that is served must be accompanied by proof of service.

Cal. Rules of Court, rule 8.112. Petition for writ of supersedeas

  • (2) A separately filed request for a temporary stay must be served on the respondent. For good cause, the Chief Justice or presiding justice may excuse advance service.

  • (1) Unless otherwise ordered, any opposition must be served and filed within 15 days after the petition is filed.

Cal. Rules of Court, rule 8.121. Notice designating the record on appeal

  • an appellant must serve and file a notice in the superior court designating the record on appeal.

  • The clerk must promptly send the reviewing court a copy of any notice filed under this rule.

Cal. Rules of Court, rule 8.122. Clerk's transcript

  • Within 10 days after the appellant serves its notice designating a clerk's transcript, the respondent may serve and file a notice in superior court designating any additional documents the respondent wants included in the transcript.

Cal. Rules of Court, rule 8.123. Record of administrative proceedings

  • If the request under (2) is unsuccessful, the requesting party may serve and file in the reviewing court a notice identifying the administrative record and requesting that the possessing party deliver the administrative record to the requesting party or, if the possessing party prefers, to the reviewing court.

  • If an appellant does not request that an administrative record admitted in evidence, refused, or lodged in the superior court be transmitted to the reviewing court, the respondent, within 10 days after the appellant serves its notice designating the record on appeal, may serve and file in the superior court a notice requesting that this administrative record be transmitted to the reviewing court.

  • Immediately notify the requesting party that it has sent the administrative record to the reviewing court.

Cal. Rules of Court, rule 8.124. Appendixes

  • When the remittitur issues, the reviewing court must return all documents or exhibits to the party that sent them, if they were sent non-electronically.

  • The respondent serves and files a notice in the superior court electing to use an appendix under this rule within 10 days after the appellant's notice designating the record on appeal is filed and no waiver of the fee for a clerk's transcript is granted to the appellant. If the appellant has a fee waiver, the respondent cannot elect an appendix instead of a clerk's transcript.

  • Immediately notify the requesting party that it has sent the document or exhibit to the reviewing court.

  • The party must first ask the party possessing the document or exhibit to provide a copy or lend it for copying.

  • On request, the reviewing court may return a document or an exhibit to the party that sent it non-electronically.

  • The possessing party must comply with the request within 10 days after the notice was served.

  • All parties should reasonably cooperate with such requests.

  • If the party possessing the document or exhibit sends it to the requesting party non-electronically, that party must copy and return it to the possessing party within 10 days after receiving it.

  • Unless the superior court orders otherwise on a motion served and filed within 10 days after the notice of election is served, this rule governs if:

  • Serve the appendix on each party, unless otherwise agreed by the parties or ordered by the reviewing court; and

  • On request of the reviewing court or any party, the designating party must provide a copy of the materials incorporated by reference to the court or another party or lend them for copying as provided in (c).

  • When a party files a notice electing to use an appendix under this rule, the superior court clerk must promptly send a copy of the register of actions, if any, to the attorney of record for each party and to any unrepresented party.

Cal. Rules of Court, rule 8.128. Superior court file instead of clerk's transcript

  • The clerk must send copies of the index to all attorneys of record and any unrepresented parties for their use in paginating their copies of the file to conform to the index.

  • The parties must serve the reviewing court with a copy of the stipulation.

Cal. Rules of Court, rule 8.130. Reporter's transcript

  • Except when a party submits a certified transcript that contains all the designated proceedings under (b)(3)(C) with the notice of designation, the notice of designation must be served on each known reporter of the designated proceedings.

  • If the appellant serves and files a notice designating a reporter's transcript, the respondent may, within 10 days after such service, serve and file a notice in superior court designating any additional proceedings the respondent wants included in the transcript.

Cal. Rules of Court, rule 8.137. Settled statement

  • If the appellant does not serve and file a corrected or modified statement as directed, the appellant will be deemed to be in default and rule 8.140 will apply.

  • If the appellant does not serve and file a new proposed statement as directed, the appellant will be deemed to be in default, and rule 8.140 will apply.

  • If under (f) the trial court judge orders the appellant to prepare a statement incorporating corrections and modifications, the appellant must serve and file the corrected or modified statement within the time ordered by the court.

  • (2) An appellant intending to proceed under this rule for reasons other than those listed in (1) must serve and file in superior court with its notice designating the record on appeal under rule 8.121 a motion to use a settled statement instead of a reporter's transcript.

  • If the respondent does not elect to provide a reporter's transcript, the appellant must serve the proposed statement within the applicable 30-day period after filing the notice or after the order granting the motion is sent or served.

    The rule's wording

    (1) If the respondent does not file a notice under (b)(4)(A) electing to provide a reporter's transcript in lieu of proceeding with a settled statement, the appellant must serve and file a proposed statement in superior court within 30 days after filing its notice under (b)(1) or within 30 days after the superior court clerk sends, or a party serves, an order granting a motion under (b)(2).
  • (4) If a hearing is ordered, the court must promptly set the hearing date and provide the parties with at least 5 days' written notice of the hearing date.

  • (1) If the trial court judge makes any corrections or modifications to the proposed statement under (f), the clerk must serve copies of the corrected or modified statement on the parties.

  • (2) The parties may serve and file a stipulation that the statement as originally served under (c) or as corrected or modified under (f)(3), (f)(4), or (g)(3) is correct.

  • (1) Proposed amendments to the proposed statement; or

Cal. Rules of Court, rule 8.140. Failure to procure the record

  • If the superior court clerk fails to give a notice required by (a), a party may serve and file a motion for sanctions under (b) in the reviewing court

Cal. Rules of Court, rule 8.147. Record in multiple or later appeals in same case

  • On request of the trial court clerk, the designating party must provide a copy of or lend the materials to be copied to the clerk.

  • On request of the reviewing court or any party, the designating party must provide a copy of the materials incorporated by reference to the reviewing court or another party or lend them as provided in rule 8.153.

Cal. Rules of Court, rule 8.153. Lending the record

  • The other party must then lend its copy of the record when it serves its brief.

Cal. Rules of Court, rule 8.155. Augmenting and correcting the record

  • The reviewing court clerk must send all parties notice of the receipt and filing of any matter under this rule.

  • The party must serve a copy of the notice on the reviewing court.

Cal. Rules of Court, rule 8.200. Briefs by parties and amici curiae

  • (4) The proposed brief must be served and must accompany the application, and may be combined with it.

  • If no respondent’s brief is filed, the Attorney General must serve and file the amicus curiae brief within 34 days after the respondent’s brief could have been filed.

  • The Attorney General must serve and file the brief within 14 days after the last appellant's reply brief is filed or could have been filed under rule 8.212, whichever is earlier.

  • (2) Each respondent must serve and file a respondent's brief.

  • Any party choosing to file a supplemental opening brief after the specified Supreme Court remand or transfer must serve it.

    The rule's wording

    (1) Within 15 days after finality of a Supreme Court decision remanding or order transferring a cause to a Court of Appeal for further proceedings, any party may serve and file a supplemental opening brief in the Court of Appeal.
  • (1) Within 14 days after the last appellant's reply brief is filed or could have been filed under rule 8.212, whichever is earlier, any person or entity may serve and file an application for permission of the presiding justice to file an amicus curiae brief.

  • Within 15 days after such a brief is filed, any opposing party may serve and file a supplemental responding brief.

  • (1) Each appellant must serve and file an appellant's opening brief.

  • Any party may serve and file an answer within 14 days after the brief is filed.

  • The answer must be served on all parties and the amicus curiae.

Cal. Rules of Court, rule 8.208. Certificate of Interested Entities or Persons

  • A party that learns of changed or additional information that must be disclosed under (e) must promptly serve and file a supplemental certificate in the reviewing court.

  • Except as otherwise provided in this rule, if a party files a motion, an application, or an opposition to such motion or application in the Court of Appeal before filing its principal brief, the party must serve and file its certificate at the time it files the first such motion, application, or opposition and must include a copy of this certificate in the party's principal brief.

Cal. Rules of Court, rule 8.212. Service and filing of briefs

  • One copy of each brief must be served on a public officer or agency when required by rule 8.29.

  • If it would cause undue hardship for the party filing the brief to submit an electronic copy of the brief to the Court of Appeal, the party may instead serve four paper copies of the brief on the Supreme Court.

  • Stipulations must be signed by and served on all parties.

  • One copy of each brief must be served on the superior court clerk for delivery to the trial judge.

Cal. Rules of Court, rule 8.224. Transmitting exhibits

  • Any party in possession of designated exhibits returned by the superior court must put them into numerical or alphabetical order and send them to the reviewing court.

  • If the reviewing court clerk finds the list correct, the clerk must sign and return a copy to the superior court clerk.

  • The superior court clerk must put any designated exhibits in the clerk's possession into numerical or alphabetical order and send them to the reviewing court.

  • On request, the reviewing court may return an exhibit to the superior court or to the party that sent it.

  • When the remittitur issues, the reviewing court must return all exhibits not transmitted electronically to the superior court or to the party that sent them.

  • A party filing a notice under (1) or (2) must serve a copy on the reviewing court.

  • Within 10 days after the last respondent's brief is filed or could be filed under rule 8.220, a party wanting the reviewing court to consider any original exhibits that were admitted in evidence, refused, or lodged but that were not copied in the clerk's transcript under rule 8.122 or the appendix under rule 8.124 must serve and file a notice in superior court designating such exhibits.

  • If the reviewing court clerk finds the list correct, the clerk must sign and return a copy to the party.

  • Within 10 days after a notice under (1) is served, any other party wanting the reviewing court to consider additional exhibits must serve and file a notice in superior court designating such exhibits.

  • At any time the reviewing court may direct the superior court or a party to send it an exhibit.

Cal. Rules of Court, rule 8.240. Calendar preference

  • A party seeking calendar preference must promptly serve and file a motion for preference in the reviewing court.

Cal. Rules of Court, rule 8.244. Settlement, abandonment, voluntary dismissal, and compromise

  • Before the record is filed in the Court of Appeal, the appellant may serve and file in superior court an abandonment of the appeal or a stipulation to abandon the appeal.

  • If the parties have designated a clerk's or a reporter's transcript and the record has not been filed in the Court of Appeal, the appellant must also immediately serve a copy of the notice on the superior court clerk.

  • If a civil case settles after a notice of appeal has been filed either as a whole or as to any party, the appellant who has settled must immediately serve and file a notice of settlement in the Court of Appeal.

  • After the record is filed in the Court of Appeal, the appellant may serve and file in that court a request or a stipulation to dismiss the appeal.

Cal. Rules of Court, rule 8.248. Prehearing conference

  • Order one or more parties to serve and file a concise statement describing the nature of the case and the issues presented;

Cal. Rules of Court, rule 8.252. Judicial notice; findings and evidence on appeal

  • (1) To obtain judicial notice by a reviewing court under Evidence Code section 459, a party must serve and file a separate motion with a proposed order.

Cal. Rules of Court, rule 8.254. New Authorities

  • The letter must be served and filed before the court files its opinion and as soon as possible after the party learns of the new authority.

Cal. Rules of Court, rule 8.264. Filing, finality, and modification of decision

  • The clerk/executive officer must send one filed-endorsed copy of the consent to the superior court with the remittitur.

  • (1) The clerk/executive officer of the Court of Appeal must promptly file all opinions and orders of the court and promptly send copies showing the filing date to the parties and, when relevant, to the lower court or tribunal.

  • If a Court of Appeal decision conditions the affirmance of a money judgment on a party's consent to an increase or decrease in the amount, the judgment is reversed unless, before the decision is final under (b), the party serves and files a copy of a consent in the Court of Appeal.

Cal. Rules of Court, rule 8.268. Rehearing

  • Any answer must be served and filed within 8 days after the order is filed unless the court orders otherwise.

  • (D) The filing of a consent under rule 8.264(d).

  • (C) A modification order changing the appellate judgment under rule 8.264(c)(2); or

  • (A) The filing of the decision;

  • (B) A publication order restarting the finality period under rule 8.264(b)(3), if the party has not already filed a petition for rehearing;

Cal. Rules of Court, rule 8.272. Remittitur

  • The clerk must send the lower court or tribunal the Court of Appeal remittitur, a copy of the Supreme Court remittitur, and a filed-endorsed copy of the Supreme Court opinion or order.

  • The clerk/executive officer must send the lower court or tribunal the Court of Appeal remittitur and a filed-endorsed copy of the opinion or order.

  • If a decision without further trial court proceedings changes a specified state prison sentence, credit, or maximum confinement, the clerk/executive officer must send the remittitur and opinion or order to the relevant state department or division.

    The rule's wording

    If, without requiring further proceedings in the trial court, the decision changes the length of a state prison sentence, applicable credits, or the maximum permissible confinement to the Department of Corrections and Rehabilitation, Division of Juvenile Justice, the clerk/executive officer must send a copy of the remittitur and opinion or order to either the Department of Corrections and Rehabilitation or the Division of Juvenile Justice.
  • The clerk/executive officer must immediately send the parties notice of issuance of the remittitur, showing the date of entry.

Cal. Rules of Court, rule 8.276. Sanctions

  • A party must serve a motion for sanctions before any order dismissing the appeal and no later than 10 days after the appellant's reply brief is due.

    The rule's wording

    (1) A party's motion under (a) must include a declaration supporting the amount of any monetary sanction sought and must be served and filed before any order dismissing the appeal but no later than 10 days after the appellant's reply brief is due.
  • Within 10 days after the court sends such notice, a party or attorney may serve and file an opposition, but failure to do so will not be deemed consent. An opposition may not be filed unless the court sends such notice.

Cal. Rules of Court, rule 8.278. Costs on appeal

  • Within 40 days after issuance of the remittitur, a party claiming costs awarded by a reviewing court must serve and file in the superior court a verified memorandum of costs under rule 3.1700.

  • A party may serve and file a motion in the superior court to strike or tax costs claimed under (1) in the manner required by rule 3.1700.

Cal. Rules of Court, rule 8.312. Stay of execution and release on appeal

  • The application must be served on the district attorney and on the Attorney General.

Cal. Rules of Court, rule 8.340. Augmenting or correcting the record in the Court of Appeal

  • (2) If there is any additional document or transcript related to the amended judgment or new order that any rule or order requires be included in the record, the clerk must send this document or transcript with the amended abstract of judgment or other order. The clerk must promptly copy and certify any such document, and the reporter must promptly prepare and certify any such transcript.

  • After the record is certified, if the trial court amends or recalls the judgment or makes another order, the clerk must promptly certify and send the order as an augmentation to the listed recipients, including the non-appeal counsel for the People only if that office requested the clerk's transcript.

    The rule's wording

    (1) If, after the record is certified, the trial court amends or recalls the judgment or makes any other order in the case, including an order affecting the sentence or probation, the clerk must promptly certify and send a copy of the amended abstract of judgment or other order-as an augmentation of the record-to: (A) The reviewing court, the probation officer, the defendant, (B) The defendant's appellate counsel for each defendant represented by separate counsel, and the Attorney General or the district attorney, whichever is counsel for the People on appeal; and (C) The district attorney or Attorney General, whichever is not counsel for the People on appeal, if he or she requested a copy of the clerk's transcript under 8.336(c)(3).
  • When the clerk or reporter learns after certification that a required document or transcript is missing, the clerk or reporter must promptly prepare and certify it, and the clerk must promptly send it as an augmentation to those listed in (a)(1) without a court order.

    The rule's wording

    (1) If, after the record is certified, the superior court clerk or the reporter learns that the record omits a document or transcript that any rule or order requires to be included, the clerk must promptly copy and certify the document or the reporter must promptly prepare and certify the transcript. Without the need for a court order, the clerk must promptly send the document or transcript-as an augmentation of the record-to all those who are listed under (a)(1).
  • The clerk must send any document or transcript added to the record to all those who are listed under (a)(1).

  • If the defendant is not represented by appellate counsel when the record is augmented or corrected, the clerk must send that defendant's counsel's copy of the augmentations or corrections to the district appellate project.

Cal. Rules of Court, rule 8.346. Settled statement

  • The applicant must prepare, serve, and file in superior court an original and, if the statement is filed in paper form, three copies of the settled statement.

  • As soon as a party learns that any portion of the oral proceedings cannot be transcribed, the party may serve and file in superior court an application for permission to prepare a settled statement.

Cal. Rules of Court, rule 8.360. Briefs by parties and amici curiae

  • Defendant's appellate counsel must serve each brief for the defendant on the People and the district attorney, and must send a copy of each to the defendant personally unless the defendant requests otherwise.

  • The proof of service under (1) must state that a copy of the defendant's brief was sent to the defendant, or counsel must file a signed statement that the defendant requested in writing that no copy be sent.

  • The People must serve two copies of their briefs on the appellate counsel for each defendant who is a party to the appeal and one copy on the district appellate project. If the district attorney is representing the People, one copy of the district attorney's brief must be served on the Attorney General.

  • A copy of each brief must be served on the superior court clerk for delivery to the trial judge.

Cal. Rules of Court, rule 8.361. Certificate of interested entities or persons

  • In criminal cases in which an entity is a defendant, that defendant must comply with the requirements of rule 8.208 concerning serving and filing a certificate of interested entities or persons.

Cal. Rules of Court, rule 8.385. Proceedings after the petition is filed

  • If the response is served in paper form, two copies must be served on the petitioner's counsel.

  • If a response is filed, the court must notify the petitioner that a reply may be served and filed within 15 days or as the court specifies.

  • The response must be served and filed within 15 days or as the court specifies.

  • If the petitioner is represented by counsel in the habeas corpus proceeding, the response must be served on the petitioner's counsel.

  • The court must send a copy of any request to the petitioner.

  • If the petitioner is not represented by counsel in the habeas corpus proceeding, one copy of the informal response and any supporting documents must be served on the petitioner.

  • If the petitioner is represented by court-appointed counsel other than the State Public Defender's Office or Habeas Corpus Resource Center, one copy must also be served on the applicable appellate project.

Cal. Rules of Court, rule 8.386. Proceedings if the return is ordered to be filed in the reviewing court

  • The return and any supporting documents must be served on the petitioner's counsel.

  • If the petitioner is represented for the habeas corpus proceeding by court-appointed counsel other than the State Public Defender's Office or Habeas Corpus Resource Center, one copy must be served on the applicable appellate project.

  • Unless the court orders otherwise, any return must be served and filed within 30 days after the court issues the order to show cause.

  • If the return is served in paper form, two copies must be served on the petitioner's counsel.

  • Unless the court orders otherwise, within 30 days after the respondent files a return, the petitioner may serve and file a traverse.

Cal. Rules of Court, rule 8.392. Filing the appeal; certificate of appealability

  • Any answer must be served on the parties and the assisting entity or counsel and filed within five days after the order is filed unless the court orders otherwise.

  • To appeal from a superior court decision in a death penalty-related habeas corpus proceeding, the petitioner or the People must serve and file a notice of appeal in that superior court.

Cal. Rules of Court, rule 8.394. Stay of execution on appeal

  • The application must be served on the People.

Cal. Rules of Court, rule 8.396. Briefs by parties and amici curiae

  • (4) A copy of each brief must be served on the superior court clerk for delivery to the superior court judge who issued the order being appealed.

  • (2) The proof of service must state that a copy of the petitioner's brief was delivered to the petitioner or will be delivered in person to the petitioner within 30 days after the filing of the brief, or counsel must file a signed statement that the petitioner requested in writing that no copy be delivered.

  • (1) The petitioner's appellate counsel must serve each brief for the petitioner on the assisting entity or counsel, the Attorney General, and the district attorney, and must deliver a copy of each to the petitioner unless the petitioner requests otherwise.

  • (3) The People must serve each of their briefs on the appellate counsel for the petitioner, the assisting entity or counsel, and either the district attorney or the Attorney General, whichever is not representing the People on appeal.

Cal. Rules of Court, rule 8.405. Filing the appeal

  • (5) The mailing of a notification is a sufficient performance of the clerk's duty despite the discharge, disqualification, suspension, disbarment, or death of the attorney.

  • (vi) The reviewing court clerk; and

  • (iv) Any Court Appointed Special Advocate (CASA) volunteer;

  • (iii) Any person currently awarded by the juvenile court the status of the child's de facto parent;

  • (B) Notify the reporter, in a manner providing immediate notice, to prepare a reporter's transcript and deliver it to the clerk within 20 days after the notice of appeal is filed.

  • (i) Each party other than the appellant, including the child if the child is 10 years of age or older;

  • (v) If the court knows or has reason to know that an Indian child is involved, the Indian custodian, if any, and tribe of the child or the Bureau of Indian Affairs, as required under Welfare and Institutions Code section 224.2; and

  • (ii) The attorney of record for each party;

Cal. Rules of Court, rule 8.409. Preparing and sending the record

  • When transcripts are certified as correct in a juvenile appeal other than a case governed by rules 8.416 and 8.417, the clerk must send the relevant counsel's transcript copy to the district appellate project if the stated appellant, respondent, or child counsel conditions apply, and must send the copy to an intervening tribe if it is not represented by counsel.

    The rule's wording

    (2) If appellate counsel has not yet been retained or appointed for the appellant or the respondent, or if a recommendation has been made to the Court of Appeal for appointment of counsel for the child under rule 8.403(b)(2) and that recommendation is either pending with or has been approved by the Court of Appeal but counsel has not yet been appointed, when the transcripts are certified as correct, the clerk must send that counsel's copy of the transcripts to the district appellate project. If a tribe that has intervened is not represented by counsel when the transcripts are certified as correct, the clerk must send that counsel's copy of the transcripts to the tribe.
  • (3) The clerk must not send a copy of the transcripts to the Attorney General or the district attorney unless that office represents a party.

  • (iv) The child.

  • (A) The original transcripts to the reviewing court, noting the sending date on each original; and

  • (iii) The child's Indian tribe if the tribe has intervened; and

  • (ii) The respondent;

  • (i) The appellant;

Cal. Rules of Court, rule 8.410. Augmenting and correcting the record in the reviewing court

  • If, after the record is certified, the trial court amends or recalls the judgment or makes any other order in the case, the trial court clerk must notify each entity and person to whom the record is sent under rule 8.409(e).

  • After the record is certified, if the clerk or reporter learns that a required document or transcript was omitted, the clerk must promptly send the certified document or transcript as an augmentation of the record to those listed under 8.409(e), without a motion or court order.

    The rule's wording

    If, after the record is certified, the superior court clerk or the reporter learns that the record omits a document or transcript that any rule or order requires to be included, without the need for a motion or court order, the clerk must promptly copy and certify the document or the reporter must promptly prepare and certify the transcript and the clerk must promptly send the document or transcript-as an augmentation of the record-to all those who are listed under 8.409(e).

Cal. Rules of Court, rule 8.411. Abandoning the appeal

  • (B) The reviewing court; and

  • (A) Every other party;

  • (C) The reporter if the appeal is abandoned before the reporter has filed the transcript.

  • (2) If the abandonment is filed in the reviewing court and the reviewing court orders the appeal dismissed, the clerk must immediately send a notification of the order of dismissal to every party.

Cal. Rules of Court, rule 8.412. Briefs by parties and amici curiae

  • In all other cases the parties must not serve copies of their briefs on the Attorney General or the district attorney unless that office represents a party.

  • A copy of each brief must be served on the superior court clerk for delivery to the superior court judge.

  • In delinquency cases the parties must serve copies of their briefs on the Attorney General and the district attorney.

  • The county child welfare department and the People must serve two copies of their briefs on that counsel;

  • The parties must not serve copies of their briefs on the Supreme Court under rule 8.44(b)(1).

  • Each party must serve a copy of its brief on the district appellate project.

  • A copy of each brief must be served on the child's trial counsel, or, if the child is not represented by trial counsel, on the child's guardian ad litem appointed under rule 5.662.

Cal. Rules of Court, rule 8.416. Appeals from all terminations of parental rights; dependency appeals in Orange, Imperial, and San Diego Counties and in other counties by local rule

  • The appellant must serve the opening brief within 30 days after the record is filed in the reviewing court.

    The rule's wording

    To permit determination of the appeal within 250 days after the notice of appeal is filed, the appellant must serve and file the appellant's opening brief within 30 days after the record is filed in the reviewing court.
  • Unless the reviewing court orders otherwise, counsel must serve and file any request for oral argument no later than 15 days after the appellant's reply brief is filed or due to be filed.

  • A respondent must serve and file any such motion within 15 days after the appellant's opening brief is filed.

  • An appellant must serve and file any motion for augmentation or correction within 15 days after receiving the record.

Cal. Rules of Court, rule 8.417. Appeals from orders transferring a minor from juvenile court to a court of criminal jurisdiction

  • If appellate counsel has not yet been retained or appointed for the minor, when the transcripts are certified as correct, the clerk must send that counsel's copies of the transcripts to the district appellate project.

  • An appellant must serve and file any motion for augmentation or correction within 15 days after receiving the record.

  • Unless the reviewing court orders otherwise, counsel must serve and file any request for oral argument no later than 15 days after the appellant's reply brief is filed or due to be filed.

  • A respondent must serve and file any such motion within 15 days after the appellant's opening brief is filed.

  • The original transcripts to the reviewing court by the most expeditious method, noting the sending date on each original; and

  • The clerk must certify and send any supplemental transcripts as required by (d).

  • The appellant must serve and file the appellant's opening brief within 30 days after the record is filed in the reviewing court.

  • One copy of each transcript to the district appellate project and to the appellate counsel for the following, if they have appellate counsel, by any method as fast as United States Postal Service express mail:

Cal. Rules of Court, rule 8.450. Notice of intent to file writ petition to review order setting hearing under Welfare and Institutions Code section 366.26

  • (B) The petitioner if the clerk sent the notice of intent to the Indian custodian, tribe of the child, or the Bureau of Indian Affairs.

  • (2) When the record is filed in the reviewing court, that court's clerk must immediately notify the parties, stating the date on which the 10-day period for filing the writ petition under rule 8.452(c)(1) will expire.

  • (B) Each party, including the child if the child is 10 years of age or older;

  • (C) Any known sibling of the child who is the subject of the hearing if that sibling either is the subject of a dependency proceeding or has been adjudged to be a dependent child of the juvenile court as follows:

  • (E) The child's legal guardian, if any;

  • (ii) If the sibling is 10 years of age or over, on the sibling and the sibling's attorney.

  • (J) If the court knows or has reason to know that an Indian child is involved, the Indian custodian, if any, and tribe of the child or the Bureau of Indian Affairs as required under Welfare and Institutions Code section 224.2.

  • (H) Any Court Appointed Special Advocate (CASA) volunteer;

  • (1) The original transcripts to the reviewing court by the most expeditious method, noting the sending date on each original, and

  • (F) Any person currently awarded by the juvenile court the status of the child's de facto parent;

  • (A) The attorney of record for each party;

  • (i) If the sibling is under 10 years of age, on the sibling's attorney;

  • (A) The reviewing court; and

  • (C) Send a copy of the marked notice of intent and clerk's notice to the party's counsel of record, if applicable.

  • (G) The probation officer or social worker;

  • (I) The grandparents of the child, if their address is known and if the parents' whereabouts are unknown; and

  • (2) One copy of each transcript to each counsel of record and any unrepresented party by any means as fast as United States Postal Service express mail.

  • (D) The mother, the father, and any presumed and alleged parents;

Cal. Rules of Court, rule 8.452. Writ petition to review order setting hearing under Welfare and Institutions Code section 366.26

  • Any response must be served on each of the people and entities listed above and filed:

  • (i) If the sibling is under 10 years of age, on the sibling's attorney;

  • (E) Any person currently awarded by the juvenile court the status of the child's de facto parent; and

  • (A) Each attorney of record;

  • (ii) If the sibling is 10 years of age or over, on the sibling and the sibling's attorney.

  • (D) The child's Court Appointed Special Advocate (CASA) volunteer;

  • (F) If the court sent the notice of intent to file the writ petition to an Indian custodian, tribe, or Bureau of Indian Affairs, then to that Indian custodian, tribe of the child, or the Bureau of Indian Affairs as required under Welfare and Institutions Code section 224.2.

  • (B) Any unrepresented party, including the child if the child is 10 years of age or older;

  • The petition must be served and filed within 10 days after the record is filed in the reviewing court.

Cal. Rules of Court, rule 8.454. Notice of intent to file writ petition under Welfare and Institutions Code section 366.28 to review order designating specific placement of a dependent child after termination of parental rights

  • (1) The original transcripts to the reviewing court by the most expeditious method, noting the sending date on each original;

  • (B) The petitioner if the clerk sent a copy of the notice of intent to the Indian custodian, tribe of the child, or the Bureau of Indian Affairs.

  • The superior court clerk must mark a late notice of intent to file a writ petition under section 366.28 "Received [date] but not filed," notify the party that the notice was not filed because it was late, and send a copy of the marked notice to the party's counsel of record, if applicable.

  • (2) One copy of each transcript to each counsel of record and any unrepresented party and unrepresented custodian of the dependent child by any means as fast as United States Postal Service express mail.

  • (A) The reviewing court; and

  • The notice must be served and filed within 7 days after the date of the posttermination placement order or, if the order was made by a referee not acting as a temporary judge, within 7 days after the referee's order becomes final under rule 5.540(c). The date of the posttermination placement order is the date on which the court states the order on the record orally or in writing, whichever first occurs.

  • When the notice of intent is filed, the superior court clerk must immediately send it to the listed attorneys, parties, qualifying siblings and their attorneys, prospective adoptive parents, guardians, de facto parents, probation officer or social worker, CASA volunteer if any, and specified Indian child representatives when applicable.

    The rule's wording

    When the notice of intent is filed, the superior court clerk must immediately send a copy of the notice to: (A) The attorney of record for each party; (B) Each party, including the child if the child is 10 years of age or older; (C) Any known sibling of the child who is the subject of the hearing if that sibling either is the subject of a dependency proceeding or has been adjudged to be a dependent child of the juvenile court as follows: (i) If the sibling is under 10 years of age, on the sibling's attorney; (ii) If the sibling is 10 years of age or over, on the sibling and the sibling's attorney; (D) Any prospective adoptive parent; (E) The child's legal guardian if any; (F) Any person currently awarded by the juvenile court the status of the child's de facto parent; (G) The probation officer or social worker; (H) The child's Court Appointed Special Advocate (CASA) volunteer, if any; and (I) If the court knows or has reason to know that an Indian child is involved, the Indian custodian, if any, and tribe of the child or the Bureau of Indian Affairs as required under Welfare and Institutions Code section 224.2.

Cal. Rules of Court, rule 8.456. Writ petition under Welfare and Institutions Code section 366.28 to review order designating or denying specific placement of a dependent child after termination of parental rights

  • (ii) If the sibling is 10 years of age or over, on the sibling and the sibling's attorney;

  • must promptly send a certified copy of any writ or order to the court named as respondent.

  • (G) If the court sent the notice of intent to file the writ petition to an Indian custodian, tribe, or Bureau of Indian Affairs, then to that Indian custodian, tribe, or the Bureau of Indian Affairs as required under Welfare and Institutions Code section 224.2.

  • (F) Any person currently awarded by the juvenile court the status of the child's de facto parent; and

  • (E) The child's Court Appointed Special Advocate (CASA) volunteer;

  • (D) Any prospective adoptive parent;

  • The reviewing court clerk must promptly notify the parties of any decision

  • (i) If the sibling is under 10 years of age, on the sibling's attorney;

  • (2) Any response must be served on each of the people and entities listed in (1) and filed:

  • (B) Any unrepresented party, including the child if the child is 10 years of age or older;

  • (A) Each attorney of record;

  • The petitioner must serve the petition on:

Cal. Rules of Court, rule 8.480. Appeal from order establishing conservatorship

  • (1) On the Attorney General or the district attorney, unless that office represents a party; or

  • (2) On the Supreme Court under rule 8.44(b)(1).

  • The clerk must not send a copy of the record to the Attorney General or the district attorney unless that office represents a party.

Cal. Rules of Court, rule 8.486. Petitions

  • (4) The petition must be served on a public officer or agency when required by statute or rule 8.29.

  • (2) If the respondent is not the superior court or a judge of that court, both the petition and one set of supporting documents must be served on the respondent and on any named real party in interest.

  • (3) In addition to complying with the requirements of rule 8.25, the proof of service must give the telephone number of each attorney served.

  • (5) The clerk must file the petition even if its proof of service is defective, but if the petitioner fails to file a corrected proof of service within 5 days after the clerk gives notice of the defect the court may strike the petition or impose a lesser sanction.

  • (6) The court may allow the petition to be filed without proof of service.

  • (1) If the respondent is the superior court or a judge of that court, the petition and one set of supporting documents must be served on any named real party in interest, but only the petition must be served on the respondent.

Cal. Rules of Court, rule 8.487. Opposition and amicus curiae briefs

  • (2) Unless the court orders otherwise, the return or opposition must be served and filed within 30 days after the court issues the alternative writ or order to show cause or notifies the parties that it is considering issuing a peremptory writ in the first instance.

  • (2) Any person or entity may serve and file an application for permission of the Chief Justice or presiding justice to file an amicus curiae brief.

  • (1) Within 10 days after the petition is filed, the respondent or any real party in interest, separately or jointly, may serve and file a preliminary opposition.

  • (3) Unless the court orders otherwise, the petitioner may serve and file a reply within 15 days after the return or opposition is filed.

  • The answer must be served on all parties and the amicus curiae.

  • (4) Any party may serve and file an answer within 14 days after the brief is filed.

  • (2) The Attorney General must serve and file the brief within 14 days after the return is filed or, if no return is filed, within 14 days after the date it was due.

  • (1) If the court issues an alternative writ or order to show cause, the respondent or any real party in interest, separately or jointly, may serve and file a return by demurrer, verified answer, or both. If the court notifies the parties that it is considering issuing a peremptory writ in the first instance, the respondent or any real party in interest may serve and file an opposition.

  • (3) Within 10 days after a preliminary opposition is filed, the petitioner may serve and file a reply.

  • (4) The proposed brief must be served on all parties.

Cal. Rules of Court, rule 8.488. Certificate of Interested Entities or Persons

  • Each party in a civil case and any entity that is a defendant in a criminal case must comply with the requirements of rule 8.208 concerning serving and filing a certificate of interested entities or persons.

Cal. Rules of Court, rule 8.489. Notice to trial court

  • If a writ or order issues directed to any judge, court, board, or other officer, the reviewing court clerk must promptly send a certified copy of the writ or order to the person or entity to whom it is addressed.

Cal. Rules of Court, rule 8.492. Sanctions

  • Within 10 days after the court sends such notice, a party or attorney may serve and file an opposition, but failure to do so will not be deemed consent.

Cal. Rules of Court, rule 8.500. Petition for review

  • (2) A copy of each brief must be served on a public officer or agency when required by statute or by rule 8.29.

  • (1) Any person or entity wanting to support or oppose a petition for review or for an original writ must serve on all parties and send to the Supreme Court an amicus curiae letter rather than a brief.

  • (1) The petition must also be served on the superior court clerk and, if filed in paper format, the clerk/executive officer of the Court of Appeal.

  • but if the petitioner fails to file a corrected proof of service within 5 days after the clerk gives notice of the defect the court may strike the petition or impose a lesser sanction.

  • (4) Any answer to the petition must be served and filed within 20 days after the petition is filed.

  • (5) Any reply to the answer must be served and filed within 10 days after the answer is filed.

  • Electronic filing of a petition constitutes service of the petition on the clerk/executive officer of the Court of Appeal.

  • A petition for review must be served and filed within 10 days after the Court of Appeal decision is final in that court.

Cal. Rules of Court, rule 8.508. Petition for review to exhaust state remedies

  • The petition must be served on the clerk/executive officer of the Court of Appeal but need not be served on the superior court clerk.

Cal. Rules of Court, rule 8.520. Briefs by parties and amici curiae; judicial notice

  • The Attorney General must serve and file the brief within the time specified in (2) and must provide the information required by (3) and comply with (6).

  • (2) Within 30 days after the petitioner files its brief or the time to do so expires, the opposing party must serve and file either an answer brief on the merits or the brief it filed in the Court of Appeal.

  • (1) After the court orders review, any person or entity may serve and file an application for permission of the Chief Justice to file an amicus curiae brief.

  • A supplemental brief must be served no later than 10 days before oral argument.

    The rule's wording

    (2) A supplemental brief must not exceed 2,800 words, including footnotes, if produced on a computer or 10 pages if typewritten, and must be served and filed no later than 10 days before oral argument.
  • The answer must be served on all parties and the amicus curiae.

  • A reply brief must be served within 20 days after the opposing party files its brief.

    The rule's wording

    (3) The petitioner may file a reply brief on the merits or the reply brief it filed in the Court of Appeal. A reply brief must be served and filed within 20 days after the opposing party files its brief.
  • (1) Within 30 days after the Supreme Court files the order of review, the petitioner must serve and file in that court either an opening brief on the merits or the brief it filed in the Court of Appeal.

  • The proposed brief must be served.

Cal. Rules of Court, rule 8.528. Disposition

  • The clerk/executive officer of the Supreme Court must promptly send an order dismissing review to all parties and the Court of Appeal.

Cal. Rules of Court, rule 8.532. Filing, finality, and modification of decision

  • and promptly send copies showing the filing date to the parties and, when relevant, to the lower court or tribunal.

Cal. Rules of Court, rule 8.536. Rehearing

  • Any answer to the petition must be served and filed within eight days after the petition is filed.

Cal. Rules of Court, rule 8.540. Remittitur

  • After review of a Court of Appeal decision, the clerk/executive officer of the Supreme Court must address the remittitur to the Court of Appeal and send that court a copy of the remittitur and a filed-endorsed copy of the Supreme Court opinion or order.

  • The clerk must send two copies of any document sent in paper form.

  • After a decision in an appeal from a judgment of death or in a cause transferred to the court under rule 8.552, the clerk must send the remittitur and a filed-endorsed copy of the Supreme Court opinion or order to the lower court or tribunal.

Cal. Rules of Court, rule 8.548. Decision on request of a court of another jurisdiction

  • (6) After filing the opinion, the clerk must promptly send filed-endorsed copies to the requesting court and the parties

  • and must notify that court and the parties when the decision is final.

  • The requesting court clerk must file an original, and if the request is filed in paper form, 10 copies, of the request in the Supreme Court with a certificate of service on the parties.

  • If the court grants the request and makes the stated determination, it must direct the clerk to send the request and grant order to the Attorney General unless the Attorney General represents a party.

    The rule's wording

    (4) If, after granting the request, the court determines that a decision on the question may require an interpretation of the California Constitution or a decision on the validity or meaning of a California law affecting the public interest, the court must direct the clerk to send to the Attorney General-unless the Attorney General represents a party to the litigation-a copy of the request and the order granting it.
  • A letter supporting or opposing the request must be served on the parties and the requesting court.

    The rule's wording

    (1) Within 20 days after the request is filed, any party or other person or entity wanting to support or oppose the request must send a letter to the Supreme Court, with service on the parties and on the requesting court.
  • (2) Within 10 days after service of a letter under (1), any party may send a reply letter to the Supreme Court, with service on the other parties and the requesting court.

Cal. Rules of Court, rule 8.552. Transfer for decision

  • Within 20 days after the petition is filed, any party may serve and file an answer.

  • A party seeking transfer under this rule must promptly serve and file in the Supreme Court a petition explaining how the cause satisfies the requirements of (c).

Cal. Rules of Court, rule 8.603. In general

  • When a judgment of death is rendered, the superior court clerk must immediately send certified copies of the commitment to the listed recipients.

    The rule's wording

    When a judgment of death is rendered, the superior court clerk must immediately send certified copies of the commitment to the Supreme Court, the Attorney General, the Governor, the Habeas Corpus Resource Center, and the California Appellate Project in -San Francisco.

Cal. Rules of Court, rule 8.616. Preparing the trial record

  • Within 30 days after the judgment of death is rendered, the clerk must deliver one copy of the clerk's and reporter's transcripts and one copy of each list of appearances, exhibits, and motions required by rule 4.230 that is not required to be sealed to each trial counsel.

  • The reporter must certify the original and all copies of the reporter's transcript as correct and deliver them to the clerk.

  • The clerk must promptly send a copy of the order to the Supreme Court.

Cal. Rules of Court, rule 8.619. Certifying the trial record for completeness

  • (A) To each defendant's appellate counsel and each defendant's habeas corpus counsel. If either counsel has not been retained or appointed, the clerk must keep that counsel's copies until counsel is retained or appointed.

  • The clerk must promptly send a copy of the order to the Supreme Court.

  • (B) To the Attorney General, the Habeas Corpus Resource Center, and the California Appellate Project in San Francisco.

  • Within 30 days after the clerk delivers the transcripts, each trial counsel must serve and file:

  • The clerk must promptly send copies of the additional or corrected pages to trial counsel.

  • When the clerk sends the record to the defendant's appellate counsel, the clerk must serve a notice of delivery on the clerk/executive officer of the Supreme Court.

  • (2) An application to extend the period to review the record under (a) or the period to file a declaration under (b) must be served and filed within the relevant period.

Cal. Rules of Court, rule 8.622. Certifying the trial record for accuracy

  • An application to extend the period to request corrections or additions under (a) must be served and filed within that period.

  • To the Supreme Court: the corrected original record, including the judge's certificate of accuracy. The reporter's transcript must be in electronic form. The clerk is encouraged to send the clerk's transcript in electronic form if the court is able to do so.

  • To each defendant's appellate counsel, each defendant's habeas corpus counsel, the Attorney General, the Habeas Corpus Resource Center, and the California Appellate Project in San Francisco: a copy of the order certifying the record and a copy of the reporter's transcript in electronic form.

  • Any party may serve and file a request for corrections or additions to the record.

Cal. Rules of Court, rule 8.630. Briefs by parties and amicus curiae

  • (3) A copy of each brief must be served on the superior court clerk for delivery to the trial judge.

  • (2) The Attorney General must serve two paper copies or one electronic copy of the respondent's brief on each defendant's appellate counsel and, for each defendant sentenced to death, one copy on the California Appellate Project in San Francisco.

  • (1) The Supreme Court Policy on Service of Process by Counsel for Defendant governs service of the defendant's briefs.

Cal. Rules of Court, rule 8.631. Applications to file overlength briefs in appeals from a judgment of death

  • (1) An application to file a brief that exceeds the limits set by rule 8.630 must be served and filed as follows:

Cal. Rules of Court, rule 8.701. Filing and service

  • (2) All documents must be served electronically on parties who have consented to electronic service or who are otherwise required by law or court order to accept electronic service. All parties represented by counsel are deemed to have consented to electronic service. All self-represented parties may so consent.

  • Unless the court orders otherwise under (b) or law otherwise provides, documents required to be served under this chapter must be served by an authorized method calculated to ensure delivery to the parties by the close of the business day after filing or lodging.

    The rule's wording

    Except when the court orders otherwise under (b) or as otherwise provided by law, all documents that the rules in this chapter require be served on the parties must be served by personal delivery, electronic service, express mail, or other means consistent with Code of Civil Procedure sections 1010, 1011, 1012, and 1013 and reasonably calculated to ensure delivery of the document to the parties not later than the close of the business day after the document is filed or lodged with the court.

Cal. Rules of Court, rule 8.702. Appeals

  • The presiding justice may shorten the notice period for good cause; in that event, the clerk must immediately notify the parties by telephone or other expeditious method.

  • Notification of the filing of the notice of appeal; and

  • An appellant must serve and file its reply brief, if any, within 15 days after the respondent files its brief.

  • Any party that submits a copy of a Transcript Reimbursement Fund application in lieu of a deposit under rule 8.130(b)(3) must serve all other parties with notice of this submission when the party serves its notice of designation of the record.

  • An appellant must serve and file its opening brief within 25 days after the notice of appeal is served and filed.

  • The revised brief must be served within 10 days after the reporter’s transcript is filed.

    The rule's wording

    Within 10 days after the reporter's transcript is filed, a revised version of the brief must be served and filed in which all references to a matter in the reporter's transcript must be supported by a citation to the volume and page number of the reporter's transcript where the matter appears.
  • A respondent must serve and file its brief within 25 days after the appellant files its opening brief.

  • If a party defaults on the specified record-procurement duties, the superior court clerk must serve notice requiring the party to cure within two court days, or the reviewing court may impose a listed sanction.

    The rule's wording

    If the appellant does not present its notice of designation as required under (A) or if any designating party does not submit the required deposit for the reporter's transcript under rule 8.130(b)(1) or a permissible substitute under rule 8.130(b)(3) with its notice of designation or otherwise fails to timely do another act required to procure the record, the superior court clerk must serve the defaulting party with a notice indicating that the party must do the required act within two court days of service of the clerk's notice or the reviewing court may impose one of the following sanctions:
  • If a party fails to timely file an appellant's opening brief or a respondent's brief, the reviewing court clerk must serve the party with a notice indicating that if the required brief is not filed within two court days of service of the clerk's notice, the court may impose one of the following sanctions:

  • Five court days after the superior court clerk serves on the party filing the notice of appeal a document entitled "Notice of Entry" of judgment or a filed-endorsed copy of the judgment, showing the date either was served;

  • The reviewing court clerk must send a notice of the time and place of oral argument to all parties at least 15 days before the argument date.

  • A copy of the register of actions, if any.

  • Five court days after the party filing the notice of appeal serves or is served by a party with a document entitled "Notice of Entry" of judgment or a filed-endorsed copy of the judgment, accompanied by proof of service.

  • An appellant in an appeal under this chapter must serve the rule 8.121 notice designating the record with its notice of appeal.

    The rule's wording

    The appellant must serve and file with its notice of appeal a notice designating the record under rule 8.121 specifying whether the appellant elects to proceed with or without a record of the oral proceedings in the trial court.

Cal. Rules of Court, rule 8.703. Writ proceedings

  • A petition for a writ challenging a superior court judgment or order governed by the rules in this chapter must be served and filed on or before the earliest of:

Cal. Rules of Court, rule 8.711. Filing and service

  • The extension of time provided in Code of Civil Procedure section 1010.6 for service completed by electronic means does not apply to any service in actions governed by these rules.

  • All self-represented parties may so consent.

  • All documents must be served electronically on parties who have consented to electronic service or who are otherwise required by law or court order to accept electronic service.

  • All parties represented by counsel are deemed to have consented to electronic service.

  • Except as otherwise provided by law, documents required by this chapter to be served on parties not served electronically must be served by an allowed method reasonably calculated to deliver them by the close of the business day after filing or lodging.

    The rule's wording

    All documents that the rules in this chapter require be served on the parties that are not served electronically must be served by personal delivery, express mail, or other means consistent with Code of Civil Procedure sections 1010, 1011, 1012, and 1013, and reasonably calculated to ensure delivery of the document to the parties not later than the close of the business day after the document is filed or lodged with the court.

Cal. Rules of Court, rule 8.712. Notice of appeal

  • The notice of appeal must be served and filed on or before the earlier of:

Cal. Rules of Court, rule 8.713. Record on appeal

  • The appellant must serve and file with its notice of appeal a notice designating the record under rule 8.121 specifying whether the appellant elects to proceed with or without a record of the oral proceedings in the trial court.

  • If an appellant or other designating party fails to take a stated action required to procure the record, the superior court clerk must serve that defaulting party with notice of the required action.

    The rule's wording

    If the appellant does not present its notice of designation as required under (1) or if any designating party does not submit the required deposit for the reporter's transcript under rule 8.130(b)(1) or a permissible substitute under rule 8.130(b)(3) with its notice of designation or otherwise fails to timely do another act required to procure the record, the superior court clerk must serve the defaulting party with a notice indicating that the party must do the required act within two court days of service of the clerk's notice or the reviewing court may impose one of the following sanctions:

Cal. Rules of Court, rule 8.714. Superior court clerk duties

  • (1) Serve the following on each party: (A) Notification of the filing of the notice of appeal; and (B) A copy of the register of actions, if any.

Cal. Rules of Court, rule 8.715. Briefing

  • (2) A respondent must serve and file its brief within 25 days after the appellant files its opening brief;

  • (3) An appellant must serve and file its reply brief, if any, within 15 days after the respondent files its brief.

  • If the designated reporter’s transcript was not filed at least 5 days before the brief’s due date, the revised brief must be served within 10 days after the transcript is filed.

    The rule's wording

    (2) If a designated reporter's transcript has not been filed at least 5 days before the date by which a brief must be filed, an initial version of the brief may be served and filed in which references to a matter in the reporter's transcript are not supported by a citation to the volume and page number of the reporter's transcript where the matter appears. Within 10 days after the reporter's transcript is filed, a revised version of the brief must be served and filed in which all references to a matter in the reporter's transcript must be supported by a citation to the volume and page number of the reporter's transcript where the matter appears. No other changes to the initial version of the brief are permitted.
  • (1) An appellant must serve and file its opening brief within 10 days after the notice of appeal is served and filed;

  • the reviewing court clerk must serve the party with a notice

Cal. Rules of Court, rule 8.716. Oral argument

  • The reviewing court clerk must send a notice of the time and place of oral argument to all parties at least 10 days before the argument date.

  • The presiding justice may shorten the notice period for good cause; in that event, the clerk must immediately notify the parties by telephone or other expeditious method.

Cal. Rules of Court, rule 8.720. Review of Workers' Compensation Appeals Board cases

  • (1) Each party other than the board must comply with the requirements of rule 8.208 concerning serving and filing a Certificate of Interested Entities or Persons.

  • The petition must be accompanied by proof of service of a copy of the petition on the Secretary of the Workers' Compensation Appeals Board in San Francisco, or two copies if the petition is served in paper form, and one copy on each party who appeared in the action and whose interest is adverse to the petitioner. Service on the board's local district office is not required.

Cal. Rules of Court, rule 8.724. Review of Public Utilities Commission cases

  • A petition to review an order or decision of the Public Utilities Commission must be verified and must be served on the executive director and general counsel of the commission and any real parties in interest.

  • Each party other than the commission must comply with the requirements of rule 8.208 concerning serving and filing a Certificate of Interested Entities or Persons.

Cal. Rules of Court, rule 8.728. Review of Agricultural Labor Relations Board and Public Employment Relations Board cases

  • Within the time permitted by statute, the board must file the certified record of the proceedings and simultaneously file and serve on all parties an index to that record.

  • (1) Each party other than the board must comply with the requirements of rule 8.208 concerning serving and filing a Certificate of Interested Entities or Persons.

  • (1) The petitioner must serve and file its brief within 35 days after the index is filed.

  • (3) Within 25 days after the respondent's brief is filed, the petitioner may serve and file a reply brief.

  • A petition to review an order or decision of either Board must be served on the specified Board official in Sacramento and on any real parties in interest.

    The rule's wording

    (1) A petition to review an order or decision of the Agricultural Labor Relations Board or the Public Employment Relations Board must be filed in the Court of Appeal and served on the executive secretary of the Agricultural Labor Relations Board or the general counsel of the Public Employment Relations Board in Sacramento and on any real parties in interest.
  • (2) Within 35 days after the petitioner's brief is filed, the board must-and any real party in interest may-serve and file a respondent's brief.

Cal. Rules of Court, rule 8.806. Applications

  • Except as these rules provide otherwise, parties must serve and file all applications, including applications to extend time to file records, briefs, or other documents and applications to shorten time. Applications to extend the time to prepare the record on appeal may be filed in either the trial court or the appellate division. All other applications must be filed in the appellate division.

  • For good cause, the presiding judge of the court where the application was filed, or his or her designee, may excuse advance service.

Cal. Rules of Court, rule 8.808. Motions

  • Any opposition to the motion must be served and filed within 15 days after the motion is filed.

  • Except as these rules provide otherwise, a party making a motion in the appellate division must serve the written motion.

    The rule's wording

    Except as these rules provide otherwise, to make a motion in the appellate division a party must serve and file a written motion, stating the grounds and the relief requested and identifying any documents on which it is based.

Cal. Rules of Court, rule 8.809. Judicial notice

  • If the matter to be noticed is not in the record, the party must serve and file a copy with the motion or explain why it is not practicable to do so.

  • (1) To obtain judicial notice by a reviewing court under Evidence Code section 459, a party must serve and file a separate motion with a proposed order.

Cal. Rules of Court, rule 8.810. Extending time

  • An application to extend time, including one to prepare either type of transcript, must be served on all parties, but the presiding judge or designee may excuse advance service for good cause.

    The rule's wording

    An application to extend time, including an application requesting an extension of time to prepare a transcript from either a court reporter or a person preparing a transcript of an official electronic recording, must be served on all parties. For good cause, the presiding judge of the appellate division, or his or her designee, may excuse advance service.

Cal. Rules of Court, rule 8.814. Substituting parties; substituting or withdrawing attorneys

  • Substitution of parties in an appeal or original proceeding must be made by serving and filing a motion in the appellate division.

  • A party may substitute attorneys by serving and filing in the appellate division a stipulation signed by the party represented and the new attorney.

  • Unless the court orders otherwise, the motion need be served only on the party represented and the attorneys directly affected.

  • But if the court grants the motion, the withdrawing attorney must promptly provide the court and the opposing party with the party's current or last known address, e-mail address, and telephone number.

Cal. Rules of Court, rule 8.816. Address and other contact information of record; notice of change

  • An attorney or unrepresented party whose mailing address, telephone number, fax number, or e-mail address changes while a case is pending must promptly serve and file a written notice of the change in the appellate division in which the case is pending.

  • The inclusion of a fax number or e-mail address on any document does not constitute consent to service by fax or e-mail unless otherwise provided by law.

Cal. Rules of Court, rule 8.817. Service and filing

  • The party must attach to the document presented for filing a proof of service showing service on each person or entity required to be served under (1). The proof must name each party represented by each attorney served.

  • Before filing any document, a party must serve, by any method permitted by the Code of Civil Procedure, one copy of the document on the attorney for each party separately represented, on each unrepresented party, and on any other person or entity when required by statute or rule.

Cal. Rules of Court, rule 8.821. Notice of appeal

  • (3) Failure to serve the notice of appeal neither prevents its filing nor affects its validity, but the appellant may be required to remedy the failure.

  • The clerk must also send or deliver this notification to the appellate division clerk.

  • (5) Failure to comply with any provision of this subdivision does not affect the validity of the notice of appeal.

  • (1) The clerk must promptly notify the appellant in writing if:

  • (1) When the notice of appeal is filed, the trial court clerk must promptly send a notification of the filing of the notice of appeal to the attorney of record for each party and to any unrepresented party.

  • (1) To appeal from a judgment or appealable order in a limited civil case, except a small claims case, an appellant must serve and file a notice of appeal in the superior court that issued the judgment or order being appealed.

  • (4) The sending of a notification under (1) is a sufficient performance of the clerk's duty despite the death of the party or the discharge, disqualification, suspension, disbarment, or death of the attorney.

Cal. Rules of Court, rule 8.822. Time to appeal

  • (2) Service under (1)(A) and (B) may be by any method permitted by the Code of Civil Procedure, including electronic service when permitted under Code of Civil Procedure section 1010.6 and rules 2.250-2.261.

Cal. Rules of Court, rule 8.823. Extending the time to appeal

  • An order or notice that is served must be accompanied by proof of service.

  • Service under this rule may be by any method permitted by the Code of Civil Procedure, including electronic service when permitted under Code of Civil Procedure section 1010.6 and rules 2.250-2.261.

Cal. Rules of Court, rule 8.824. Writ of supersedeas

  • (2) A separately filed request for a temporary stay must be served on the respondent. For good cause, the presiding judge may excuse advance service.

  • (1) Unless otherwise ordered, any opposition must be served and filed within 15 days after the petition is filed.

  • (1) A party seeking a stay of the enforcement of a judgment or order pending appeal may serve and file a petition for writ of supersedeas in the appellate division.

Cal. Rules of Court, rule 8.825. Abandonment, voluntary dismissal, and compromise

  • If a civil case settles after a notice of appeal has been filed, either as a whole or as to any party, the appellant who has settled must immediately serve and file a notice of settlement in the appellate division.

  • The appellant may serve and file an abandonment of the appeal or a stipulation to abandon the appeal in the appellate division.

  • If the parties have designated a clerk's or a reporter's transcript and the record has not been filed in the appellate division, the appellant must also immediately serve a copy of the notice on the trial court clerk.

Cal. Rules of Court, rule 8.831. Notice designating the record on appeal

  • Within 10 days after filing the notice of appeal, an appellant must serve and file a notice in the trial court designating the record on appeal.

Cal. Rules of Court, rule 8.832. Clerk's transcript

  • (1) Within 10 days after the appellant serves a notice under rule 8.831 indicating that the appellant elects to use a clerk's transcript, the respondent may serve and file a notice in the trial court designating any additional documents the respondent wants included in the clerk's transcript.

Cal. Rules of Court, rule 8.833. Trial court file instead of clerk's transcript

  • The clerk must send copies of the index to all attorneys of record and any unrepresented parties for their use in paginating their copies of the file to conform to the index.

Cal. Rules of Court, rule 8.834. Reporter's transcript

  • A party may serve and file a copy of its Transcript Reimbursement Fund application with its notice of designation.

    The rule's wording

    With its notice of designation, a party may serve and file a copy of its application to the Court Reporters Board for payment or reimbursement from the Transcript Reimbursement Fund under Business and Professions Code section 8030.2 et seq.
  • The respondent may serve and file the additional-proceedings notice in the trial court after the appellant serves and files a transcript-designation notice.

    The rule's wording

    If the appellant serves and files a notice under rule 8.831 designating a reporter's transcript, the respondent may, within 10 days after such service, serve and file a notice in the trial court designating any additional proceedings the respondent wants included in the reporter's transcript.
  • When the transcript is completed, the reporter must notify all parties to the appeal that the transcript is complete, bill each designating party at the statutory rate, and send a copy of the bill to the clerk.

Cal. Rules of Court, rule 8.837. Statement on appeal

  • (2) Within 10 days after the corrected or modified statement is served on the parties, any party may serve and file proposed modifications or objections to the statement.

  • (1) If the trial court judge makes any corrections or modifications to the proposed statement under (d), the clerk must serve copies of the corrected or modified statement on the parties.

  • If under (d) the trial court judge orders the appellant to prepare a statement incorporating corrections and modifications, the appellant must serve and file the corrected or modified statement within the time ordered by the court.

  • (1) If the appellant elects in its notice designating the record under rule 8.831 to use a statement on appeal, the appellant must serve and file a proposed statement within 20 days after filing the notice under rule 8.831.

  • (4) If a hearing is ordered, the court must promptly set the hearing date and provide the parties with at least 5 days' written notice of the hearing date.

  • (1) Within 10 days after the appellant files the proposed statement, the respondent may serve and file proposed amendments to that statement.

Cal. Rules of Court, rule 8.841. Augmenting and correcting the record in the appellate division

  • The party must serve a copy of the notice on the appellate division.

  • The appellate division clerk must send all parties notice of the receipt and filing of any matter under this rule.

Cal. Rules of Court, rule 8.843. Transmitting exhibits

  • (3) A party filing a notice under (1) or (2) must serve a copy on the appellate division.

  • A party seeking consideration of qualifying original exhibits must serve the designation notice in the trial court within the same 10-day period after the last respondent's brief is filed or could be filed under rule 8.882.

    The rule's wording

    (1) If a party wants the appellate division to consider any original exhibits that were admitted in evidence, refused, or lodged but that were not copied in the clerk's transcript under rule 8.832 or the appendix under rule 8.845 or included in the original file under rule 8.833, within 10 days after the last respondent's brief is filed or could be filed under rule 8.882 the party must serve and file a notice in the trial court designating such exhibits.
  • (2) Within 10 days after a notice under (1) is served, any other party wanting the appellate division to consider additional exhibits must serve and file a notice in the trial court designating such exhibits.

Cal. Rules of Court, rule 8.845. Appendixes

  • The party must first ask the party possessing the document or exhibit to provide a copy or lend it for copying.

  • On request, the reviewing court may return a document or an exhibit to the party that sent it nonelectronically.

  • The possessing party must comply with the request within 10 days after the notice was served.

  • Serve the appendix on each party, unless otherwise agreed by the parties or ordered by the reviewing court;

  • When a party files a notice electing to use an appendix under this rule, the superior court clerk must promptly send a copy of the register of actions, if any, to the attorney of record for each party and to any unrepresented party.

  • On request of the reviewing court or any party, the designating party must provide a copy of the materials incorporated by reference to the court or another party or lend them for copying as provided in (c).

  • All parties should reasonably cooperate with such requests.

  • Immediately notify the requesting party that it has sent the document or exhibit to the reviewing court.

  • If the party possessing the document or exhibit sends it to the requesting party nonelectronically, that party must copy and return it to the possessing party within 10 days after receiving it.

  • When the remittitur issues, the reviewing court must return all documents or exhibits to the party that sent them, if they were sent nonelectronically.

Cal. Rules of Court, rule 8.852. Notice of appeal

  • The sending of a notification under (1) is a sufficient performance of the clerk's duty despite the discharge, disqualification, suspension, disbarment, or death of the attorney.

  • When a notice of appeal is filed, the trial court clerk must promptly send a notification of the filing to the attorney of record for each party and to any unrepresented defendant. The clerk must also send or deliver this notification to the appellate division clerk.

Cal. Rules of Court, rule 8.854. Stay of execution and release on appeal

  • The application must be served on the prosecuting attorney.

Cal. Rules of Court, rule 8.863. Trial court file instead of clerk's transcript

  • The clerk must send a copy of the index to the appellant and the respondent for use in paginating their copies of the file to conform to the index.

Cal. Rules of Court, rule 8.864. Record of oral proceedings

  • If the appellant elects to use a reporter's transcript, the clerk must promptly send the election notice and notice of appeal to each court reporter.

    The rule's wording

    (1) A reporter's transcript under rules 8.865-8.867 or a transcript prepared from an official electronic recording of the proceedings under rule 8.868(b). If the appellant elects to use a reporter's transcript, the clerk must promptly send a copy of appellant's notice making this election and the notice of appeal to each court reporter;

Cal. Rules of Court, rule 8.866. Preparation of reporter's transcript

  • (B) If the clerk's notice under (1) indicates that the proceedings were not officially electronically recorded under Government Code section 69957, the appellant must prepare, serve, and file a proposed statement on appeal within 20 days after serving and filing the notice.

  • After electing under (D)(iv) to use a statement on appeal, the appellant must serve the proposed statement as well as prepare and file it, following rule 8.869.

    The rule's wording

    (iv) Notify the clerk by filing a new election that he or she will be using a statement on appeal instead of a reporter's transcript. The appellant must prepare, serve, and file a proposed statement on appeal within 20 days after serving and filing the notice and must otherwise comply with the requirements for statements on appeal under rule 8.869;
  • After electing under (C)(v) to use a statement on appeal, the unrepresented defendant-appellant must serve the proposed statement as well as prepare and file it, following rule 8.869.

    The rule's wording

    (v) Notify the clerk by filing a new election that he or she will be using a statement on appeal instead of a reporter's transcript. The appellant must prepare, serve, and file a proposed statement on appeal within 20 days after serving and filing the notice and must otherwise comply with the requirements for statements on appeal under rule 8.869; or
  • (2) Within 15 days after this notice is sent by the clerk, the appellant must serve and file a notice with the court stating whether the appellant elects to proceed with or without a record of the identified proceedings.

Cal. Rules of Court, rule 8.869. Statement on appeal

  • (1) If the trial court judge makes any corrections or modifications to the proposed statement under (d), the clerk must serve copies of the corrected or modified statement on the parties.

  • (4) If a hearing is ordered, the court must promptly set the hearing date and provide the parties with at least 5 days' written notice of the hearing date.

  • (1) Within 10 days after the appellant files the proposed statement, the respondent may serve and file proposed amendments to that statement.

  • (2) Within 10 days after the corrected or modified statement is served on the parties, any party may serve and file proposed modifications or objections to the statement.

  • If ordered under (d) to prepare the corrected statement, the appellant must serve it within the time ordered by the court.

    The rule's wording

    If under (d) the trial court judge orders the appellant to prepare a statement incorporating corrections and modifications, the appellant must serve and file the corrected or modified statement within the time ordered by the court.
  • (1) If the appellant elects under rule 8.864 to use a statement on appeal, the appellant must prepare, serve, and file a proposed statement within 20 days after filing the record preparation election.

Cal. Rules of Court, rule 8.870. Exhibits

  • Within 10 days after a notice under (1) is served, any other party wanting the appellate division to consider additional exhibits must serve and file a notice in trial court designating such exhibits.

  • A party filing a notice under (1) or (2) must serve a copy on the appellate division.

  • Within 10 days after the last respondent's brief is filed or could be filed under rule 8.882, if the appellant wants the appellate division to consider any original exhibits that were admitted in evidence, refused, or lodged, the appellant must serve and file a notice in the trial court designating such exhibits.

Cal. Rules of Court, rule 8.873. Augmenting or correcting the record in the appellate division

  • If, after the record is certified, the trial court amends or recalls the judgment or makes any other order in the case, including an order affecting the sentence or probation, the clerk must promptly certify and send a copy of the amended abstract of judgment or other order as an augmentation of the record to all those who received the record under rule 8.872(b).

  • If there is any additional document or transcript related to the amended judgment or new order that any rule or order requires be included in the record, the clerk must send these documents or transcripts with the amended abstract of judgment or other order.

  • Without the need for a court order, the clerk must promptly send the document or transcript as an augmentation of the record to all those who received the record under rule 8.872(b).

Cal. Rules of Court, rule 8.882. Briefs by parties and amici curiae

  • A copy of each brief must be served on a public officer or agency when required by rule 8.817.

  • Defendant's appellate counsel must serve each brief for the defendant on the People and must send a copy of each brief to the defendant personally unless the defendant requests otherwise;

  • Copies of each brief must be served as required by rule 8.817.

  • A copy of each brief must be served on the trial court clerk for delivery to the judge who tried the case.

  • The People must serve two copies of their briefs on the appellate counsel for each defendant who is a party to the appeal.

  • Stipulations must be signed by and served on all parties.

Cal. Rules of Court, rule 8.885. Oral argument

  • Except for appeals covered by (a)(2), as soon as all parties’ briefs are filed or the time for filing these briefs has expired, the appellate division clerk must send a notice of the time and place of oral argument to all parties. The notice must be sent at least 20 days before the date for oral argument. The presiding judge may shorten the notice period for good cause; in that event, the clerk must immediately notify the parties by telephone or other expeditious method.

  • If the court vacates oral argument, the court must notify the parties that no oral argument will be held.

Cal. Rules of Court, rule 8.887. Decisions

  • When an opinion is certified for publication, the clerk must immediately send one copy to the district Court of Appeal.

    The rule's wording

    (B) One copy to the Court of Appeal for the district. The copy must bear the notation "This opinion has been certified for publication in the Official Reports. It is being sent to assist the Court of Appeal in deciding whether to order the case transferred to the court on the court's own motion under rules 8.1000-8.1018."
  • (A) Two paper copies and one electronic copy to the Reporter of Decisions in a format approved by the Reporter.

  • The appellate division clerk must promptly file all opinions and orders of the court and on the same day send copies (by e-mail where permissible under rule 2.251) showing the filing date to the parties and, when relevant, to the trial court.

Cal. Rules of Court, rule 8.888. Finality and modification of decision

  • The clerk must send one filed-endorsed copy of the consent to the trial court with the remittitur.

  • If an appellate division decision conditions the affirmance of a money judgment on a party's consent to an increase or decrease in the amount, the judgment is reversed unless, before the decision is final under (a), the party serves and files a copy of a consent in the appellate division.

Cal. Rules of Court, rule 8.889. Rehearing

  • Any answer must be served and filed within 8 days after the order is filed unless the court orders otherwise.

  • In limited civil and misdemeanor appeals, a party may serve a petition for rehearing within 15 days after the latest of the listed events.

    The rule's wording

    A party may serve and file a petition for rehearing within 15 days after the following, whichever is later: (A) The decision is sent by the court clerk to the parties; (B) A publication order restarting the finality period under rule 8.888(a)(2), if the party has not already filed a petition for rehearing, is sent by the court clerk to the parties; (C) A modification order changing the appellate judgment under rule 8.888(b) is sent by the court clerk to the parties; or (D) A consent is filed under rule 8.888(c).

Cal. Rules of Court, rule 8.890. Remittitur

  • The clerk must immediately send the parties notice of issuance of the remittitur, showing the date of entry.

Cal. Rules of Court, rule 8.891. Costs and sanctions in civil appeals

  • (1) Within 30 days after the clerk sends notice of issuance of the remittitur, a party claiming costs awarded by the appellate division must serve and file in the trial court a verified memorandum of costs under rule 3.1700(a)(1).

  • (2) A party may serve and file a motion in the trial court to strike or tax costs claimed under (1) in the manner required by rule 3.1700.

  • (2) A party's motion under (1) must include a declaration supporting the amount of any monetary sanction sought and must be served and filed before any order dismissing the appeal but no later than 10 days after the appellant's reply brief is due.

  • Within 10 days after the court sends such notice, a party or attorney may serve and file an opposition, but failure to do so will not be deemed consent. An opposition may not be filed unless the court sends such notice.

Cal. Rules of Court, rule 8.903. Stay of execution on appeal

  • The application must be served on the prosecuting attorney.

Cal. Rules of Court, rule 8.911. Prosecuting attorney's notice regarding the record

  • If the prosecuting attorney does not want to receive a copy of the record on appeal, within 10 days after the notification of the appeal under rule 8.901(b) is sent to the prosecuting attorney, the prosecuting attorney must serve and file a notice indicating that he or she does not want to receive the record.

Cal. Rules of Court, rule 8.914. Trial court file instead of clerk's transcript

  • The clerk must send a copy of the index to the appellant for use in paginating his or her copy of the file to conform to the index.

  • If the People are the appellant, a copy must also be prepared for the respondent.

  • If there is more than one appellant, the clerk must prepare an extra copy of the index for each additional appellant who is represented by separate counsel or self-represented.

  • If the defendant is the appellant, a copy must also be prepared for the prosecuting attorney unless the prosecuting attorney has notified the court under rule 8.911 that he or she does not want to receive the record.

Cal. Rules of Court, rule 8.915. Record of oral proceedings

  • If the appellant elects to use a reporter's transcript, the clerk must promptly send a copy of appellant's notice making this election and the notice of appeal to each court reporter.

Cal. Rules of Court, rule 8.916. Statement on appeal

  • If the prosecuting attorney did not appear at the trial, no copy of the statement is to be sent to or served on the prosecuting attorney.

  • If the People are the appellant, the prosecuting attorney must serve a copy of the proposed statement on the respondent.

  • Within 10 days after the appellant files the proposed statement, the respondent may serve and file proposed amendments to that statement.

  • If the defendant is the appellant and the prosecuting attorney appeared in the case, the defendant must serve a copy of the proposed statement on the prosecuting attorney.

  • Within 10 days after the statement is served on the parties, any party may serve and file proposed modifications or objections to the statement.

  • If under (d) the trial court judge orders the appellant to prepare a statement incorporating corrections and modifications, the appellant must serve and file the corrected or modified statement within the time ordered by the court.

  • If the trial court judge makes any corrections or modifications to the proposed statement under (d), the clerk must serve copies of the corrected or modified statement on the parties.

  • If a hearing is ordered, the court must promptly set the hearing date and provide the parties with at least 5 days' written notice of the hearing date.

Cal. Rules of Court, rule 8.917. Record when trial proceedings were officially electronically recorded

  • The appellant must prepare, serve, and file a proposed statement on appeal within 20 days after serving and filing the notice and must otherwise comply with the requirements for statements on appeal under rule 8.869;

  • If the clerk's notice under (1) indicates that the proceedings were not reported by a court reporter, the appellant must prepare, serve, and file a proposed statement on appeal within 20 days after serving and filing the notice.

  • Within 15 days after this notice is sent by the clerk, the appellant must serve and file a notice with the court stating whether the appellant elects to proceed with or without a record of the identified proceedings.

Cal. Rules of Court, rule 8.919. Preparation of reporter's transcript

  • Within 15 days after this notice is sent by the clerk, the appellant must serve and file a notice with the court stating whether the appellant elects to proceed with or without a record of the identified proceedings.

  • If the clerk's notice under (1) indicates that the proceedings were not officially electronically recorded under Government Code section 69957, the appellant must prepare, serve, and file a proposed statement on appeal within 20 days after serving and filing the notice.

  • Notify the clerk by filing a new election that he or she will be using a statement on appeal instead of a reporter's transcript. The appellant must prepare, serve, and file a proposed statement on appeal within 20 days after serving and filing the notice and must otherwise comply with the requirements for statements on appeal under rule 8.916;

Cal. Rules of Court, rule 8.921. Exhibits

  • (2) Within 10 days after a notice under (1) is served, any other party wanting the appellate division to consider additional exhibits must serve and file a notice in trial court designating such exhibits.

  • (3) A party filing a notice under (1) or (2) must serve a copy on the appellate division.

  • (1) Within 10 days after the last respondent's brief is filed or could be filed under rule 8.927, if the appellant wants the appellate division to consider any original exhibits that were admitted in evidence, refused, or lodged, the appellant must serve and file a notice in the trial court designating such exhibits.

Cal. Rules of Court, rule 8.923. Augmenting or correcting the record in the appellate division

  • If, after the record is certified, the trial court amends or recalls the judgment or makes any other order in the case, including an order affecting the sentence or probation, the clerk must promptly certify and send a copy of the amended abstract of judgment or other order as an augmentation of the record to all those who received the record under rule 8.872(b).

  • If there is any additional document or transcript related to the amended judgment or new order that any rule or order requires be included in the record, the clerk must send these documents or transcripts with the amended abstract of judgment or other order.

  • Without the need for a court order, the clerk must promptly send the document or transcript as an augmentation of the record to all those who received the record under rule 8.922(b).

Cal. Rules of Court, rule 8.926. Notice of briefing schedule

  • When the record is filed, the clerk of the appellate division must promptly mail, to each appellate counsel or unrepresented party, a notice giving the dates the briefs are due.

Cal. Rules of Court, rule 8.927. Briefs

  • (2) Any respondent's brief must be served and filed within 30 days after the appellant files its opening brief.

  • (2) Unless the appellate division provides otherwise by local rule or order in the specific case, only the original brief, with proof of service, must be filed in the appellate division.

  • (1) Copies of each brief must be served as required by rule 8.25.

  • (4) A copy of each brief must be served on a public officer or agency when required by rule 8.29.

  • (3) A copy of each brief must be served on the trial court clerk for delivery to the judge who tried the case.

  • (3) Any appellant's reply brief must be served and filed within 20 days after the respondent files its brief.

  • (1) The appellant must serve and file an appellant's opening brief within 30 days after the record is filed in the appellate division.

Cal. Rules of Court, rule 8.931. Petitions filed by persons not represented by an attorney

  • (2) The proof of service must give the telephone number of each attorney or unrepresented party served.

  • (1) The petition and one set of supporting documents must be served on any named real party in interest, but only the petition must be served on the respondent.

  • (4) The clerk must file the petition even if its proof of service is defective, but if the petitioner fails to file a corrected proof of service within five days after the clerk gives notice of the defect the court may strike the petition or impose a lesser sanction.

  • (5) The court may allow the petition to be filed without proof of service.

  • (3) The petition must be served on a public officer or agency when required by statute or rule 8.29.

Cal. Rules of Court, rule 8.933. Opposition

  • (1) Within 10 days after the petition is filed, the respondent or any real party in interest, separately or jointly, may serve and file a preliminary opposition.

  • (3) Unless the court orders otherwise, the petitioner may serve and file a reply within 15 days after the return or opposition is filed.

  • (2) Unless the court orders otherwise, the return or opposition must be served and filed within 30 days after the court issues the alternative writ or order to show cause or notifies the parties that it is considering issuing a peremptory writ in the first instance.

  • (3) Within 10 days after an opposition is filed, the petitioner may serve and file a reply.

Cal. Rules of Court, rule 8.934. Notice to trial court

  • If a writ or order issues directed to any judge, court, or other officer, the appellate division clerk must promptly send a certified copy of the writ or order to the person or entity to whom it is directed.

Cal. Rules of Court, rule 8.935. Filing, finality, and modification of decisions; rehearing; remittitur

  • The appellate division clerk must promptly file all opinions and orders of the court and on the same day send copies (by e-mail where permissible under rule 2.251) showing the filing date to the parties and, when relevant, to the trial court.

Cal. Rules of Court, rule 8.954. Filing the appeal

  • The clerk of the small claims court must promptly mail a notification of the filing of the notice of appeal to each other party at the party's last known address.

  • If a party dies before the clerk mails the notification, the mailing is a sufficient performance of the clerk's duty.

Cal. Rules of Court, rule 8.963. Abandonment, dismissal, and judgment for failure to bring to trial

  • If an appellant files an abandonment, the clerk of the court in which it is filed must immediately notify the adverse party of the filing.

  • The clerk of the court assigned to hear the appeal must immediately notify the parties of any order of dismissal or any judgment for defendant made by the court under (c).

  • If an appeal is dismissed, the clerk of the court assigned to hear the appeal must promptly transmit to the small claims court a copy of the dismissal order and all original papers and exhibits sent to the court assigned to hear the appeal.

Cal. Rules of Court, rule 8.972. Petitions filed by persons not represented by an attorney

  • (2) The petitioner must file a proof of service at the same time the petition is filed.

  • (4) The court may allow the petition to be filed without proof of service.

  • (1) The petition and all its attachments, and a copy of Information on Writ Proceedings in Small Claims Cases (form SC-300-INFO) must be served personally or by mail on all the parties in the case, and the petition must be served on the small claims court.

Cal. Rules of Court, rule 8.974. Opposition

  • Unless the appellate division judge orders otherwise, the petitioner may serve and file a reply within 15 days after the return or opposition is filed.

  • Unless the appellate division judge orders otherwise, the return or opposition must be served within 30 days after the specified writ or notice event.

    The rule's wording

    Unless the appellate division judge orders otherwise, the return or opposition must be served and filed within 30 days after the appellate division judge issues the alternative writ or order to show cause or notifies the parties that it is considering issuing a peremptory writ in the first instance.
  • After an alternative writ or order to show cause, the respondent or any real party in interest may serve and file a return by demurrer, verified answer, or both; after notice that a peremptory writ is under consideration, they may serve and file an opposition.

    The rule's wording

    If the appellate division judge issues an alternative writ or order to show cause, the respondent or any real party in interest, individually or jointly, may serve and file a return (which is a response to the petition) by demurrer, verified answer, or both. If the appellate division judge notifies the parties that he or she is considering issuing a peremptory writ in the first instance, the respondent or any real party in interest may serve and file an opposition.
  • Within 10 days after the petition is filed, the respondent or any real party in interest may serve and file a preliminary opposition.

Cal. Rules of Court, rule 8.975. Notice to small claims court

  • If a writ or order issues directed to any judge, court, or other officer, the appellate division clerk must promptly send a certified copy of the writ or order to the person or entity to whom it is directed.

Cal. Rules of Court, rule 8.976. Filing, finality, and modification of decisions; remittitur

  • The appellate division clerk must promptly file all opinions and orders in proceedings under this chapter and on the same day send copies (by e-mail where permissible under rule 2.251) showing the filing date to the parties and, when relevant, to the small claims court.

  • The clerk must immediately send the parties notice of issuance of the remittitur, showing the date of entry.

Cal. Rules of Court, rule 8.1005. Certification for transfer by the appellate division

  • (2) If the appellate division denies a certification application by order, the clerk must promptly send a copy of the order to the parties.

  • (1) A party may serve and file an application asking the appellate division to certify a case for transfer at any time after the record on appeal is filed in the appellate division but no later than 15 days after:

  • (1) If the appellate division orders a case certified for transfer, the clerk must promptly send a copy of the certification order to the clerk/executive officer of the Court of Appeal, the parties, and, in a criminal case, the Attorney General.

  • (4) Within five days after the application is filed, any other party may serve and file an answer.

Cal. Rules of Court, rule 8.1006. Petition for transfer

  • The petition must be served and filed in the Court of Appeal after the appellate division issues its decision in the case but no later than 15 days after the decision is final in that court.

  • Any answer must be served and filed within 10 days after the petition is filed unless the court orders otherwise.

  • A copy of the petition must also be served on the appellate division.

Cal. Rules of Court, rule 8.1008. Order for transfer

  • (3) If the court denies transfer after the appellate division certifies a case for transfer or after a party files a petition for transfer, the clerk must promptly send notice of the denial to the parties, the appellate division, and, in a criminal case, the Attorney General.

  • (2) With the copy of the transfer order sent to the parties and the Attorney General, the clerk must send notice of the time to serve and file any briefs ordered under rule 8.1012 and, if specified by the Court of Appeal, the issues to be briefed and argued.

  • (1) When a transfer order is filed, the clerk must promptly send a copy of the order to the superior court clerk, the parties, and, in a criminal case, the Attorney General.

Cal. Rules of Court, rule 8.1012. Briefs and argument

  • The responding brief must be served and filed within 20 days after the opening brief is filed.

  • The opening brief must be served and filed within 20 days after entry of the briefing order.

  • Any brief of a defendant in a criminal case must be served on the prosecuting attorney and the Attorney General.

  • Any reply brief must be served and filed within 10 days after the responding brief is filed.

  • Every brief must be served on the appellate division from which the case was transferred.

Cal. Rules of Court, rule 8.1120. Requesting publication of unpublished opinions

  • (2) The rendering court must also send a copy of its recommendation and reasons to all parties and any person who requested publication.

  • (4) The request must be served on all parties.

  • The court must send notice of its action to the rendering court, all parties, and any person who requested publication.

Cal. Rules of Court, rule 8.1125. Requesting depublication of published opinions

  • (5) The request must be served on the rendering court and all parties.

  • (2) A response must not exceed 10 pages and must be served on the rendering court, all parties, and any person who requested depublication.

Cal. Rules of Court, rule 9.13. Petitions for review by licensees of State Bar Court decisions and review of other State Bar decisions

  • The State Bar must serve the licensee at the address of record under Business and Professions Code section 6002.1, and counsel of record, if any.

  • All petitions, briefs, reply briefs, and other pleadings filed by a petitioner under this rule must be accompanied by proof of service of one copy on the General Counsel of the State Bar at the San Francisco or the Los Angeles office of the State Bar, and of one copy on the Clerk of the State Bar Court at the Los Angeles office of the State Bar Court.

Cal. Rules of Court, rule 9.14. Petitions for review by the Chief Trial Counsel of State Bar Court decisions

  • All petitions, briefs, reply briefs, and other pleadings filed by the Chief Trial Counsel under this rule must be accompanied by proof of service on the licensee at the address of record under Business and Professions Code section 6002.1, and counsel of record, if any.

  • All briefs and other pleadings filed by the licensee under this rule must be accompanied by proof of service of one copy on the General Counsel of the State Bar at the San Francisco or the Los Angeles office of the State Bar, and of one copy on the Clerk of the State Bar Court at the Los Angeles office of the State Bar Court.

Cal. Rules of Court, rule 9.15. Petitions for review by State Bar in moral character proceedings

  • Filings by the applicant must include a proof of service of one copy on the General Counsel of the State Bar at the San Francisco or the Los Angeles office of the State Bar and one copy on the Clerk of the State Bar Court at the Los Angeles office of the State Bar Court.

  • Within 10 days after filing of the answer the State Bar may serve and file a reply.

  • Petitions must be served on and filed with the Supreme Court Clerk within the stated 60-day period.

    The rule's wording

    All petitions under this rule must be served and filed with the Clerk of the Supreme Court within 60 days after the State Bar Court decision is filed and served on the General Counsel of the State Bar at the San Francisco or the Los Angeles office of the State Bar.
  • All petitions, briefs, reply briefs, and other pleadings filed by the State Bar must include a proof of service by mail to the applicant’s last address provided to the State Bar or the applicant’s attorney of record, if any.

  • The applicant may file and serve an answer within 20 days after filing of the petition.

Cal. Rules of Court, rule 9.16.1. Briefs by parties following grant of review by the Supreme Court

  • All briefs, reply briefs, and other pleadings filed by a licensee under this rule must be accompanied by proof of service of one copy on the General Counsel of the State Bar at the San Francisco or the Los Angeles office of the State Bar, and of one copy on the Clerk of the State Bar Court at the Los Angeles office of the State Bar Court.

  • The State Bar must serve the licensee at the address of record under Business and Professions Code section 6002.1, and counsel of record, if any.

  • If the Supreme Court grants review of a petition filed pursuant to rules 9.13(a) or (d), 9.14(a), or 9.15(a), the opposing party must serve and file a supplemental brief within 45 days after the order granting review is filed.

  • Within 15 days after filing of the supplemental brief, the petitioner may serve and file a reply brief.

Cal. Rules of Court, rule 9.16.2. Requesting depublication of published State Bar Court opinion

  • A response must not exceed 10 pages and must be served on the Clerk of the State Bar Court at the Los Angeles office of the State Bar Court, all parties, and any person who requested depublication.

  • The request must be served on the Clerk of the State Bar Court at the Los Angeles office of the State Bar Court and all parties.

Cal. Rules of Court, rule 9.18. Effective date of disciplinary orders and decisions

  • The Clerk of the Supreme Court will mail notice of this effect to the licensee and his or her attorney of record, if any, at their respective addresses under Business and Professions Code section 6002.1 and to the State Bar.

  • Petitions for rehearing must be served and filed within 15 days after the date the decision or order was filed.

  • The Clerk of the Supreme Court will mail notice of this effect to the applicant's last address provided to the State Bar or to the applicant's attorney of record, if any, and to the State Bar.

Cal. Rules of Court, rule 9.20. Duties of disbarred, resigned, or suspended attorneys

  • Notices required by a Supreme Court or State Bar Court order under this rule must be sent by registered or certified mail with return receipt requested.

    The rule's wording

    All notices required by an order of the Supreme Court or the State Bar Court under this rule must be given by registered or certified mail, return receipt requested, and must contain an address where communications may be directed to the disbarred, suspended, or resigned licensee.

Cal. Rules of Court, rule 9.40. Counsel pro hac vice

  • A person desiring to appear as counsel pro hac vice in a superior court must file with the court a verified application together with proof of service by mail in accordance with Code of Civil Procedure section 1013a of a copy of the application and of the notice of hearing of the application on all parties who have appeared in the cause and on the State Bar at its San Francisco office.

  • The notice of hearing must be given at the time prescribed in Code of Civil Procedure section 1005 unless the court has prescribed a shorter period.

  • An application to appear as counsel pro hac vice in the Supreme Court or a Court of Appeal must be made as provided in rule 8.54, with proof of service on all parties who have appeared in the cause and on the State Bar at its San Francisco office.

Cal. Rules of Court, rule 9.41. Appearances by military counsel

  • The clerk must give written notice of the appointment to all parties who have appeared and file a copy with proof of service by mail under Code of Civil Procedure section 1013a.

    The rule's wording

    The clerk of the court considering appointment of a judge advocate under this rule must provide written notice of that fact to all parties who have appeared in the cause. A copy of the notice, together with proof of service by mail in accordance with Code of Civil Procedure section 1013a, must be filed by the clerk of the court.

Cal. Rules of Court, rule 9.43. Out-of-state attorney arbitration counsel

  • Untimely filing or service of the certificate is a ground for disqualification from the arbitration in which it was filed.

    The rule's wording

    Failure to timely file and serve a certificate or, absent special circumstances, appearances in multiple separate arbitration matters are grounds for disqualification from serving in the arbitration in which the certificate was filed.
  • (2) Has served a certificate in accordance with the requirements of Code of Civil Procedure section 1282.4 on the arbitrator, the arbitrators, or the arbitral forum, the State Bar, and all other parties and counsel in the arbitration whose addresses are known to the attorney;

Cal. Rules of Court, rule 9.60. Review of determinations by the Commission on Judicial Performance

  • Each petition, answer, or reply submitted for filing must be accompanied by proof of service.

    The rule's wording

    Each petition, answer, or reply submitted for filing must be accompanied by proof of service, including service on the Commission of three copies of any petition or reply filed by a judge or former judge.
  • A judge or former judge must serve the petition for review within the same 60-day period, measured from the later of the Commission’s notice or the determination becoming final as to the Commission.

    The rule's wording

    A petition to the Supreme Court by a judge or former judge to review a determination by the Commission on Judicial Performance to retire, remove, censure, admonish, or disqualify the judge or former judge must be served and filed within 60 days after: (1) The Commission, under its rules, notifies the judge or former judge that its determination has been filed or entered in its records; or (2) The determination becomes final as to the Commission under its rules, whichever event is later.
  • Within 20 days after service of the answer, the judge or former judge may serve and file a reply.

  • Within 45 days after service of the petition, the Commission may serve and file an answer.

Cal. Rules of Court, rule 9.61. Proceedings involving private or public admonishment, censure, removal, retirement, or disqualification of a judge of the Supreme Court

  • This selection must be made upon notice to the Commission, the justice, and the counsel of record in a proceeding open to the public.

Cal. Rules of Court, rule 10.856. Notice of superior court records destruction

  • The superior court must give 30 days' written notice of its intent to destroy court records open to public inspection to entities maintained on a master list by the Judicial Council and to any other entities that have informed the court directly that they wish to be notified.

Cal. Rules of Court, rule 10.1000. Transfer of causes

  • The clerk must promptly notify the parties of the division to which the cause was transferred.

  • The clerk of the transferee court must promptly send each party a copy of the transfer order with the new case number, if any.