sample notice of non-appearance at hearing for california
DESCRIPTION
This sample notice of non-appearance at hearing for California is used when a party has filed a motion but does not wish to appear at the hearing. The notice is made pursuant to California Rule of Court 3.1304(c) and includes a proof of service by mail.The author is a freelance paralegal who has worked in California litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.TRANSCRIPT
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Any PartyAny StreetAny Town, CA 55555
714-555-5555
Defendant, In Pro Per
Superior Court of the State of California
For the County of _________________
Any Plaintiff,
Plaintiff,
vs.
Any Defendant, and DOES 1-5,
Defendants.
))))))))))))))
Case No.
NOTICE OF NON-APPEARANCE AT HEARING ON _____________________
DATE:TIME:DEPT:
TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that _____________________ hereby gives notice that they will
not appear at the hearing on their _____________________scheduled for _______, at _________ or
as soon thereafter as the matter can be heard, in Department ____ of the above entitled court, located
at ________________________, and does submit the matter without an appearance pursuant to
California Rule of Court 3.1304[c].
- 1 -NOTICE OF NON-APPEARANCE AT HEARING ON ________
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Be sure to modify these paragraphs to suit your individual
situation. Do NOT just use the wording here unless it definitely applies
to your particular situation. Serve and file this notice at least a week
before the hearing date.
DATED: ________________ __________________________________________________ANY PARTY OR ATTORNEY
- 2 -NOTICE OF NON-APPEARANCE AT HEARING ON ________
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PROOF OF SERVICE
I am over the age of 18 and not a party to this action.
I am a resident of or employed in the county where the mailing occurred; my business/residence address is: ADDRESS OF PERSON SERVING PAPERS.
On ____________________ I served the foregoing document(s) described as: NOTICE OF NON-APPEARANCE AT HEARING ON ______________________ to the following parties:
ATTORNEY FOR OTHER PARTY OR OTHER PARTY
[X] (By U.S. Mail) I deposited such envelope in the mail at ___________, California with postage thereon fully prepaid. I am aware that on motion of the party served, service is presumed in valid in postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit.
I declare under penalty of perjury under the laws of the State of California that the foregoingis true and correct.
DATED: ______________
_______________________________________ NAME OF PERSON SERVING PAPERS
- 3 -NOTICE OF NON-APPEARANCE AT HEARING ON ________