Service of Notice and Other Papers: Resources

• Calendar Days: Actual days on the calendar, including weekends and holidays.
• Court Days: Only the days on the calendar in which the court is open for business (not weekends or holidays).
• Declaration: Parties must provide some facts to support their argument. This is generally done by filing a Declaration in which a party explains the facts that they know first-hand. In a Declaration, the paragraphs are numbered and can be cited in the Memorandum of Points and Authorities. Documents, photographs, and other attachments can be attached to the Declaration as evidence.

• Memorandum of Points and Authorities: Points and Authorities refer to the legal statutes, regulations, or cases that support a party's argument and explain how the law applies to the facts of their case. This is filed with a Motion, Opposition, or Reply.

• Motions: Papers filed in an existing case that ask the judge to make an order (CCCP §1003), to explain why the moving party is legally entitled to the order, or to set up a hearing date for oral arguments and the decision on the arguments.
• Notice of Motion: This document specifies the date, time, and location where the hearing will take place, explains what the party filing the motion is requesting, and gives citations to the law supporting the request.
• Oral Argument: On the hearing date the parties go to court to make their arguments and answer questions from the judge.
• Opposition to Motion: Papers filed by an opposing party to object to a previously filed motion.
• Orders: Every direction of a court or judge that is made or entered in writing, and is not included in a judgment, is considered an order. (CCCP §1003)
• Reply: Optional papers to respond to the Opposition.

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These self-help guides have been created by the courts as references to assist litigants.

Proof of Service forms for Civil Cases

Proof of Service for Small Claims Cases

Proof of Service for Family Law Cases