How longer after a hearing, etc., does a party have to to serve the Notice of Ruling? Also, is the Notice of Ruling required to be filed with the Court, or is it only required to be served? Is there any penalty for not serving a Notice of Ruling when ordered to do so, or for failing to file a timely or accurate Notice of Ruling?
A notice of ruling or entry of order is generally served right after the hearing and filed with the court. This notice starts critical timelines for challenging the order or ruling.
Normally, if a notice of ruling is required, it is served and filed right after the hearing, and in most cases, no longer than 5 days afterwards. In regular practice, however, notice is usually "waived" if all of the parties were present at the hearing.
A notice of ruling if served, must also be filed with the court.
There is no penalty per se for failing to serve a notice of ruling, UNLESS the failure to serve notice causes prejudice to another party in the litigation. For example, if the plaintiff was supposed to give notice of a future hearing date but fails to do so, causing another party not to appear and causing a colossal waste of time for the court and other parties, the court might impose sanctions for failure to give notice of the court's ruling.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
Education Law Attorney
This is not legal advice and this response does not create an attorney client relationship.
I agree with Mr. Chen, but add a couple of observations for next time. Following the next hearing, consider agreeing to "waive notice;" if all parties are present or represented at the hearing, they can agree to waive notice such that nobody must give notice of the ruling.
Alternatively, consider asking the court if the other party can give notice, especially if the other party is represented by an attorney.