Alameda Superior Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- Hand Delivery • Same Day As Filing
- Hand Delivery • Upon Filing
All Motions
- 1 copy • By Noon Next Court Day
Brief
- 2 copies • Upon Filing
Courtesy copies
- 1 copy • Upon Filing
- Before Conference
Adjournments
- Requests to continue a traffic trial must be received at least ten days before trial; later requests are granted only if the interests of justice require it.
- Written stipulations extending discovery motion deadlines are encouraged to accommodate an informal discovery conference.
- Requests to continue a case management conference must be made in timely-filed case management statements, must state the reason and confirm the requesting party conferred with opposing counsel or the self-represented party and what that party's position is; a continuance request not granted is deemed denied.
- Parties with an appointed private judge may defer a status conference by filing a stipulation and proposed order using Local Form ALA-FL056.
- +12 more
Request must include
- A continuance or drop of any short-cause hearing, status conference, or family centered case resolution conference requires a written stipulation filed five court days before the scheduled date.
Communication
Clerk
Intake Unit
Intake Unit
Phone
Intake Unit
Phone
Fax
Chambers
Phone
Page & Word Limits1 rule
Each volume of the administrative record must not exceed 300 pages and must be separately bound.
The administrative record must be provided in one or more volumes of not more than 300 pages that are separately bound.
Administrative Record
300 pages
Document Format Requirements6 rules
E-filed documents must be in searchable PDF format unless only a paper copy exists, and must comply with the court's technical requirements.
Documents must be e-filed in a searchable PDF format unless only a paper copy exists and must comply with the technical requirements listed on the court's website, which includes a list of court-approved EFSPs.
E-filed documents must be in searchable PDF format and comply with the court's website technical requirements.
Documents must be e-filed in a searchable PDF format unless only a paper copy exists and must comply with the technical requirements listed on the court’s website, which includes a list of court-approved EFSPs.
Motions in limine must be in writing and numbered consecutively unless otherwise ordered.
Unless otherwise ordered by the trial judge, all motions in limine subject to this rule must be in writing, numbered consecutively, and filed in the clerk’s office at least three court days before the pretrial conference or, if there is no pretrial conference, three court days before trial.
The administrative record may be provided electronically (searchable and readable); pages must be numbered consecutively and bound on the left margin; covers must match page size and be labeled 'Administrative Record.'
Alternatively, it may be provided to the court in an electronic format that is both searchable and readable. The pages of the administrative record must be numbered consecutively and bound on the left margin. The cover of each volume of the records must be the same size as its pages and contain the same material as the cover of a brief, but must be labeled "Administrative Record."
Both Administrative Record collections must be placed in three-ring binders and delivered to the assigned CEQA department together with the trial notebook.
Both collections of Administrative Record documents must be housed in three-ring binders and delivered to the assigned CEQA department at the same time as the trial notebook.
Local forms are available on the court's website in PDF format.
The forms are available on the court’s website in PDF format.
Document Filing Requirements174 rules
The Request for Case Resolution Conference must be filed on the court's mandatory form (ALA FL-050) per Local Rule 5.25(a), which requires certifying that all parties were served or have appeared, reporting disclosure service and filing dates, stating discovery status, specifying disputed issues, and estimating trial time.
Form Adopted for Mandatory Use Superior Court of California, REQUEST FOR CASE RESOLUTION CONFERENCE Local Rule 5.25(a) County of Alameda
Document Type
Request For Case Resolution Conference
The Case Management Conference Statement must be completed and filed on form CM 110.
File and serve a completed Case Management Conference Statement on form CM 110 at least 15 days before the Case Management Conference (Cal. Rules of Court, rule 3.725.)
Document Type
Case Management Statement
The applicant must acknowledge that they may not use, own, or possess firearms even if the petition is granted.
By signing below, applicant acknowledges that s/he understands that s/he may not use, own or possess firearms, even if this Petition is granted.
Document Type
Application For Reduction To Misdemeanor
The application must include a declaration under penalty of perjury that the information is true and correct.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that the below is the true and correct signature of the defendant in this matter.
Document Type
Application For Reduction To Misdemeanor
Deferring a status conference requires the use of the mandatory local court form ALA-FL056.
Form adopted for Mandatory Use Local Court Form ALA-FL056
Document Type
Stipulation And Order To Defer Status Conference
Ex parte applications must comply with CRC 3.1201 and 3.1202 for required documents and contents, and the declaration of notice must comply with CRC 3.1204(b) unless excused under Rule 7.120.
Ex parte applications filed in the Probate Division of this court must comply with the provisions of California Rules of Court 3.1201 and 3.1202 concerning required documents and contents of application. Additionally, unless excused under Rule 7.120, the declaration of notice that is required to be filed under California Rules of Court 3.1201 must comply with the provisions of California Rules of Court 3.1204(b).
Document Type
Ex Parte Application
Notice of an ex parte application must state the relief sought and the filing date and place, attempt to determine opposition, and inform recipients that the court holds no hearings and objections must be filed the same day as the application.
The person who is giving notice of the ex parte application must: (1) State with specificity the nature of the relief to be requested, (2) State the date and place the ex parte application will be filed, (3) Attempt to determine whether the interested person or person requesting special notice will oppose the ex parte application, and (4) Inform the interested person or the person that requested special notice that the court does not hold hearings on ex parte applications and that any objections to the ex parte application must be filed on the same date the ex parte is filed.
Document Type
Notice Of Ex Parte Application
Spousal or Domestic Partner Property Petitions must identify the current title of each asset and attach the vesting deed or account statement showing title.
Spousal or Domestic Partner Property Petitions must identify the current title of each asset that is a subject of the petition. Additionally, a copy of the vesting deed or account statement that shows title must be attached to the petition.
Document Type
Spousal Or Domestic Partner Property Petition
Petitions for probate must attach a copy of each will and codicil, plus a typewritten copy of each holographic document.
A copy of each will and codicil must be attached to the petition for probate. In addition, a typewritten copy of each holographic document must be attached.
Document Type
Petition For Probate
Spousal or Domestic Partner Property Petitions must include five specified community property allegations unless based on an attached will or community property agreement.
Unless a Spousal or Domestic Partner Property Petition is based on a will or community property agreement which is attached to the petition, the following allegations are required: (1) The date and place of marriage, (2) The decedent’s net worth at time of marriage, (3) Whether or not the decedent received any significant gifts or inheritance after marriage, (4) Facts to show that the subject property is not traceable to such initial net worth or later gift or inheritance, and (5) If the marriage took place outside of California, or if decedent and the surviving spouse lived outside of California during their marriage, the decedent’s net worth at the time of entry or each reentry into California.
Document Type
Spousal Or Domestic Partner Property Petition
Petitions and proposed orders appointing out-of-state personal representatives must include a minimum bond of $20,000.
All petitions for appointment of out of state personal representative, and all proposed orders appointing out of state personal representative, must include a minimum bond in the amount of $20,000.00.
Document Type
Petition For Appointment Of Out Of State Personal Representative
The petitioner in a Petition to Approve Compromise of Disputed Claim must be disinterested and may not have a claim against the same person or entity.
The petitioner in a Petition to Approve Compromise of Disputed Claim must be a disinterested person and, in particular, may not have a claim against the same person or entity.
Document Type
Petition To Approve Compromise Of Disputed Claim
Petitions for conservatorship of the estate and petitions to appoint a trustee must disclose whether the proposed conservator is also trustee of the conservatee's trust or the proposed trustee is conservator of the settlor's estate.
All petitions for conservatorship of the estate and all petitions to appoint trustee must disclose whether the proposed conservator is also the trustee of the proposed conservatee’s trust or whether the proposed trustee is the conservator of the settlor’s estate.
Document Type
Petition For Conservatorship Of Estate Or Appointment Of Trustee
Reappraisals must be performed by the probate referee unless the court waives referee appointment.
Reappraisals must be made by the probate referee unless the court has waived appointment of the referee.
Document Type
Reappraisal
A reappraisal for sale must be filed before the confirmation hearing if the hearing is more than one year after the date of death.
When the date of the confirmation hearing is more than one year after date of death, a reappraisal for sale must be filed with the court before the confirmation hearing can proceed.
Document Type
Reappraisal For Sale
Petitions for sale of real property must fully disclose extraordinary costs, including exact amounts or maximums, in the petition and order.
The petition must include a full disclosure of all extraordinary costs that the estate will incur as a result of the sale. Such costs include, but are not limited to, termite and other repairs, lender's "points”, loan fees, and nonrecurring closing costs. The exact amounts required or the maximum that the estate will be required to pay must be disclosed in the petition and included in the order.
Document Type
Petition
Verified petitions to sell securities must include an allegation about special notice requests and one of several listed bases (necessity, heir consent, legatee consent, or power of sale).
A verified petition for authorization of sale of stocks, bonds or other securities described in Probate Code section 10200 must contain an allegation regarding any request for special notice and compliance with such request and one or more of the following: (1) A statement as to necessity for sale, giving the reasons the sale is necessary, for instance for payment of taxes, expenses of administration, or existence of an indivisible number of shares. (2) The consent or request of heirs. (3) If the securities are specifically bequeathed, the petition must so state and the written consent of the legatee must be filed. (4) An allegation that a power of sale is conferred by the will.
Document Type
Verified Petition
The account and report must include beginning/ending dates, detailed itemized receipts and disbursements, and explanations for non-self-explanatory items.
The account and report must contain the following material: (1) The beginning and ending dates of the account. (2) A detailed description of all receipts and all disbursements of the fiduciary. (3) An explanation either in the account or in the report accompanying the account for any item that is not self-explanatory. (4) Receipts indicating the date of receipt, the source of the payment, and the amount. Each receipt from a source that pays more frequently than once a year must be described; a lump sum amount is not permissible. (5) A description of all disbursements indicating the date of the expenditure and the nature of the expense, its purpose, and the amount.
Document Type
Account And Report
Omitted schedules must be noted in the Summary of Account with the word "none" in the blank for the schedule total.
Where a particular schedule is unnecessary, it need not be included and that fact must be noted in the Summary of Account with the word "none" in the blank provided for the total from the schedule.
Document Type
Summary Of Account
A decree of distribution must be self-contained and must include the legal description and assessor's parcel number for any real property distributed.
A decree of distribution must be drawn so that the full extent of the decree may be determined without reference to the petition on which it is based or to other documents, such as the decedent's will. If the distribution includes any interest in real property, the legal description, including the assessor’s parcel number, must be included in the body of the decree or in an attachment incorporated by reference.
Document Type
Decree Of Distribution
Requests for extraordinary compensation above the standard amounts must be supported by a declaration outlining all ordinary and extraordinary services provided.
Whenever statutory compensation exceeds $20,000 and the attorney or personal representative requests extraordinary compensation that exceed the amounts of rules 7.420 or 7.430 below, the request must be supported with a declaration that outlines all the ordinary and extraordinary services that were provided.
Document Type
Request For Extraordinary Compensation
Trustee account receipts and disbursements must be separately allocated between principal and income.
Receipts and disbursements must be allocated between principal receipts and disbursements and income receipts and disbursements.
Document Type
Trustee Account
Trustee account filings must conform to the account requirements set out in rule 7.390.
Accounts filed by trustees must conform to the requirements in rule 7.390.
Document Type
Trustee Account
The first trustee account must clearly reconcile the amount first chargeable with the decree of distribution.
The first account filed must clearly reconcile the amount first chargeable with the decree of distribution of the estate from which the property was received.
Document Type
Trustee First Account
An inventory is required in every estate guardianship case, even if relief from filing accountings is sought, and it must identify who holds any assets not in the guardian's possession.
An inventory must be filed in all cases where there is a guardianship of the estate, even in a case where relief from the requirement of filing accountings may be sought under Probate Code section 2628. When assets are not in the possession of the guardian, the inventory, the possession of the assets must state who has the possession of the assets.
Document Type
Inventory
In no-asset or cash-only guardianship estates, the inventory does not need to be submitted to a referee for appraisement but must still be filed with the court.
When there are no assets or the assets are entirely cash, the inventory need not be submitted to a referee for appraisement. However, it must be filed with the court.
Document Type
Inventory
Reports accompanying guardianship accounts must include six categories of additional information: the ward's age, health, and address; any explanation of non-producing income property; disclosures of property dealings with court employees or their relatives; financial-interest referrals; and family or affiliate relationship transactions.
In addition to the contents required by Probate Code section 1064, the report accompanying an account must contain the following: (1) A statement of the age, health, and the present address of the ward; (2) If income-producing property is inventoried in the guardianship and the account fails to indicate that the income is being produced by the property, an explanation must appear in the report; (3) Whether any real property has been rented or leased to any court employee, or any person related by blood or marriage to a court employee, who has conditional dettes or responsibilities related to the appointment of a guardian or the processing of any documents related to the appointment; (4) Whether any personal property has been sold at a private sale, rented or leased to any court employee, or any person related by blood or marriage to a court employee, who has duties related to the guardian; (5) Whether any guardian, in exercising his or her duties, has hired or referred any business to an entity in which he or she has a financial interest as defined in Probate Code section 2351, subdivision (d) or Probate Code section 2401, subdivision (c); and (6) Whether the guardian has sold, leased, or rented any real or personal property to any person with whom the guardian has a family or affiliate relationship as defined in Probate Code section 2359, subdivision (c)(2) and Probate Code section 2403, subdivision (c)(2).
Document Type
Guardianship Accounting Report
Before using a deceased-parent minor's estate for support, the guardian must disclose any survivor benefits received, their amounts, why they are insufficient, and why estate use is in the minor's best interests.
If the minor’s parent or parents are deceased, the guardian must disclose whether the minor is receiving Social Security or other survivor benefits, the amount of the benefits, why the benefits are inadequate to support the minor and why it is in the best interests of the minor to use the estate for the minor’s care and support.
Document Type
Guardian Application For Use Of Estate Funds
The conservator's general plan must include a plan for meeting the conservatee's financial needs.
which must include a plan for meeting the financial needs of the conservatee
Document Type
General Plan
When an amended citation is required, the original citation must be filed showing that service was never completed.
In such circumstances the original citation must be filed showing no service.
Document Type
Citation
A compensation petition must be accompanied by a declaration listing hours, services performed, and hourly rates for each service provider.
The petition for compensation must be accompanied by a declaration setting forth the hours spent, the services performed by the guardian and the attorney, and the hourly rate of each person providing those services.
Document Type
Petition For Compensation
A petition to spend guardianship funds for support must include detailed parent financial information; otherwise, the parent or guardian must testify at the hearing.
The petition for authority to expend funds for support must contain a detailed explanation, including financial statements, of the parent's inability to support the child. If the petition does not contain the required detailed statement, the parent or guardian must be present at the hearing to give testimony.
Document Type
Petition For Authority To Expend Funds
If the conservatee receives specified periodic benefits, the inventory must state the monthly amount and when benefit payments began.
If the conservatee receives Veterans, Social Security, Temporary Aid to Needy Families, or other periodic benefits, the inventory must indicate the amount each month and the date when payments commenced.
Document Type
Inventory
The court will not waive bond for an individual conservator of a conservatorship estate.
Document Type
Bond
Petitions by private professional conservators must include county and state registration numbers and registration date, and the conservator must be currently registered with both county and state, submit proof of statewide registry compliance, and satisfy all California licensing requirements before appointment.
Any petition to appoint a conservator filed by a private professional conservator must include his or her Alameda County and State of California registration numbers and the date he or she registered. No petition by a private professional conservator will be heard unless he or she is currently registered with both the county and the state. Proof of compliance with the statewide registry must be submitted to the Court Investigator's Office. Any private professional conservator must comply with all California state licensing requirements before he or she can be appointed in Alameda County.
Document Type
Petition To Appoint Conservator
Ex parte applications requesting an order shortening time must include a declaration establishing good cause for the shorter notice period.
If the application requests an order shortening time, it must include a declaration setting forth facts establishing good cause why a shorter notice period is necessary.
Document Type
Ex Parte Application
When seeking to modify or enforce an existing order or judgment, the movant must attach the order or judgment to the moving papers; if not attached there, it must be attached to the responsive papers.
In any proceeding to modify or enforce an existing order or judgment, a copy of the order or judgment must be attached to the moving papers. Any order or judgment required by this rule that is not attached to the moving papers must be attached to the responsive papers.
Document Type
Motion
If a hearing is continued more than 60 days, each party must serve and file a declaration listing unresolved issues using Local Form ALA FL-030 (Summary of Contested and Resolved Issues).
If a hearing on a request for order, order to show cause, or motion is continued for more than 60 days, each party must serve and file a declaration setting forth the issues that remain unresolved. Parties must use the Summary of Contested and Resolved Issues (Local Form ALA FL-030) for this purpose.
Document Type
Declaration Of Unresolved Issues
Joint applications to continue settlement conferences, long-cause hearings, or trials must use Local Form ALA FL-055.
The parties must use the Joint Application and Order for Continuance of Settlement Conference, Long Cause Hearing, or Trial (Local Form ALA FL-055) form to make this request if it is a joint application for continuance.
Document Type
Joint Application For Continuance
The parties must use the Status Conference Questionnaire (Local Form ALA FL-040) for filing the required status description, unless the court has ordered a different procedure.
The parties must use the Status Conference Questionnaire (form ALA FL-040) form for this purpose
Document Type
Status Conference Questionnaire
Applications to continue or drop a short-cause hearing, status conference, or family centered case resolution conference must use Local Form ALA FL-035.
The parties must use the Application and Order for Continuance of Hearing, Status Conference, or Case Resolution Conference (Local Form ALA FL-035) form to submit this request.
Document Type
Application For Continuance
The settlement conference statement must include a complete statement of the factual and legal basis for apportionment or reimbursement, the formula, and the calculated community/separate values.
(f) A complete statement setting forth the factual and legal basis for apportionment or reimbursement, the formula for apportionment or reimbursement, and the calculated value of each party’s community and separate interests in the asset.
Document Type
Settlement Conference Statement
The settlement statement must summarize existing orders on debt payment and reimbursement.
(d) A summary of existing orders regarding payment of any debts or obligations and the corresponding reimbursements.
Document Type
Settlement Conference Statement
The statement must list amounts each party paid toward the other party’s fees and costs and any balance due.
(b) A list of all amounts any party paid on account of the other party’s attorney’s fees, expert’s fees, and costs, and the balance due, if any.
Document Type
Settlement Conference Statement
If reimbursement is claimed, the settlement conference statement must identify the creditor, total paid, and the date/source of each payment.
(c) If there is a claim for reimbursement, the name of the creditor, the total amount paid on the debt, and the date and source of each payment for which reimbursement is sought.
Document Type
Settlement Conference Statement
The settlement conference statement must include creditor, separation-date balance, current balance, and security terms for each debt.
(b) For each such debt or obligation, the name of the creditor, the balance due on the date of separation, the current balance due, and the nature, extent, and terms of any security for the debt.
Document Type
Settlement Conference Statement
The statement must list each party’s payments toward their own attorney/expert fees and costs and any balance due.
(c) A list of all amounts paid by each party on account of his or her own attorney’s fees, expert’s fees, and costs, and the balance due, if any.
Document Type
Settlement Conference Statement
The settlement conference statement must list all claimed community or separate debts with supporting facts and legal authority.
(a) A list of all debts and obligations of the parties that are claimed to be community liabilities or separate liabilities of the parties with a description of all facts and legal authority that support the claim that each such debt or obligation is community or separate.
Document Type
Settlement Conference Statement
The settlement conference statement must summarize existing orders regarding attorney’s fees, expert’s fees, and costs.
Attorney’s fees, expert’s fees, and costs: (a) A summary of existing orders.
Document Type
Settlement Conference Statement
The settlement conference statement must state each asset’s current fair market value, encumbrances, and net equity.
(e) The current fair market value, the nature, extent, and terms of any encumbrances against the asset, and the current net equity in the asset.
Document Type
Settlement Conference Statement
Settlement conference statement must include all material facts supporting the party's characterization of each asset.
(d) All material facts in support of the party’s characterization of the asset.
Document Type
Settlement Conference Statement
The statement must list trial exhibits and describe/summary them, attaching copies relevant to significant contested issues.
(f) A list with a description and summary of the contents of all documents, schedules, and summaries that will or may be offered at trial with copies attached if relevant to any significant contested issues.
Document Type
Settlement Conference Statement
Each party must bring a written settlement proposal to the settlement conference; the court may hold proposals in confidence if requested.
The Settlement conference statement must be brought to the settlement conference. Each party must bring to the settlement conference a written offer that would settle all issues remaining in dispute. The parties may request that such written offers be held in confidence by the court.
Document Type
Settlement Conference Statement
For each intended expert witness, the statement must provide name, business address, phone number, and the substance of the expert’s testimony.
(g) The name, business address, and telephone number of any expert witness whom a party intends to call as a trial witness, with a brief statement setting forth the substance of the expert’s testimony.
Document Type
Settlement Conference Statement
The settlement statement must include copies of all appraisals and expert reports that may be offered at trial.
(e) Copies of all appraisals and expert reports that will be offered at trial.
Document Type
Settlement Conference Statement
Form FL-342(A) is mandatory whenever the judgment includes child support deviating from the guideline calculation.
Use of the Non-Guideline Child Support Findings Attachment (form FL-342(A)) is mandatory where the judgment will include child support that deviates from the guideline calculation under Family Code § 4050, et seq.
Document Type
Non Guideline Child Support Findings Attachment
Judgments involving child custody, child support, or spousal support must state all terms in full.
Judgments involving child custody, child support, or spousal support must set forth all terms in full.
Document Type
Judgment
The Child Support Information and Order Attachment (form FL-342) must be used.
Use of the Child Support Information and Order Attachment (form FL-342) is mandatory.
Document Type
Child Support Information And Order Attachment
A copy of the underlying support judgment or order must be submitted with any proposed earning assignment order.
A proposed judgment must include a copy of the judgment or order for child, partner, spousal, or family support must be submitted with any proposed earning assignment order.
Document Type
Earning Assignment Order
Judgments for child or spousal support must state the dates support commences and terminates.
Judgments involving child or spousal support must include the commencement and termination dates.
Document Type
Support Judgment
An ex parte request must describe efforts to obtain consent or give notice to parties, parents/guardians, and attorneys, or state why consent or notice should not be needed.
A description of the efforts made to obtain the consent of or to give notice to the parties, the parents or legal guardians of the minor, and their attorneys of record or a statement indicating the reasons why said consent or notice should not be required;
Document Type
Ex Parte Application
Restraining orders in a judgment must state an expiration date, explain good cause in an attached declaration, and be set forth on a CLETS or other Judicial Council form.
All personal conduct and stay away restraining orders in a judgment must include the date of expiration of such orders and good cause for granting such order(s) shall be set forth in attached declaration(s). In addition, all such restraining orders must be separately set forth on one or more other applicable Judicial Council forms.
Document Type
Restraining Order
A defendant seeking a trial de novo must submit a written request on Judicial Council form TR-220.
In order to have a trial de novo, the defendant must submit a written request on Judicial Council form TR-220 and pay the total amount due within the time specified in the notice.
Document Type
Request For Trial De Novo
Filing & Service rules
Electronic Filing Rules
Represented parties must e-file using a court-approved EFSP and serve/accept service electronically effective April 1, 2023, unless exempted by court order or law.
Effective April 1, 2023, represented parties and other represented persons must participate in electronic filing (e-filing) using a court-approved electronic filing service provider (EFSP) and must serve and accept service electronically, except by court order or if other service is required by law.
Page 2 | Rule 6.3(a)
All documents must be e-filed in searchable PDF format unless only a paper copy exists, and must comply with court technical requirements; certain documents (bench warrants, subpoenaed documents, bonds, undertakings, and originals) may not be e-filed.
Documents must be e-filed in a searchable PDF format unless only a paper copy exists and must comply with the technical requirements listed on the court's website, which includes a list of court-approved EFSPs. The following documents may not be e-filed: (1) Bench warrants; (2) Subpoenaed documents; (3) Bonds; (4) Undertakings; and (5) Any other documents that are required by law to contain an original signature or to be filed in original form.
Page 3 | Rule 6.3(d)-(e)
Represented parties must e-file through a court-approved EFSP and e-serve, unless exempted by court order, law, or an approved EFS-007 exemption request.
Effective April 1, 2023, represented parties and other represented persons must participate in electronic filing (e-filing) using a court-approved electronic filing service provider (EFSP) and must serve and accept service electronically, except by court order or if other service is required by law. Under rule 2.253(b)(4) of the California Rules of Court, anyone required to e-file may request an exemption by filing a Request For Exemption From Mandatory Electronic Filing and Service (form EFS-007) with the assigned department.
Page 5 | Rule 7.2(a)
Certain original documents, subpoenaed documents, and documents requiring original signatures may not be e-filed.
The following documents may not be e-filed: (1) Originals of the following: (A) Wills and codicils; (B) Surety bonds and undertakings; (C) Letters of administration; (D) Letters testamentary; (E) Letters of guardianship; (F) Letters of conservatorship; (G) Affidavit Re Real Property of Small Value (form DE-305); (H) Affidavits or declarations under Probate Code section 13101; (I) Bank statements for probate accountings except as provided in Probate Code section 2620(c)(1); and (J) Final escrow closing statements. (2) Subpoenaed documents. (3) Any other document required by law to contain an original signature or to be filed in original form.
Page 5 | Rule 7.2(e)
E-filing and e-service are mandatory except by court order or where other service is required by law, but parties may request an exemption by filing form EFS-007 with the assigned department or supervising family law judge.
electronically, except by court order or if other service is required by law. Under rule 2.253(b)(4) of the California Rules of Court, anyone required to e-file may request an exemption by filing a Request For Exemption From Mandatory Electronic Filing and Service (form EFS-007) with the assigned department or, if not assigned, with the supervising judge of the family law division.
Page 7 | Rule 5.12(a)
Certain documents (bench warrants, subpoenaed documents, bonds, undertakings, certified judgments, out-of-state abstracts, sister-state judgments, out-of-state subpoenas, payee data records, and documents requiring original signatures) may not be e-filed.
The following documents may not be e-filed: (1) Bench warrants; (2) Subpoenaed documents; (3) Bonds; (4) Undertakings; (5) Certified judgments; (6) Out-of-state or out-of-county abstracts and commissions; (7) Sister-state judgments; (8) Subpoenas for out-of-state actions; (9) Payee data records; (10) Any other document required by law to contain an original signature or to be filed in original form.
Page 7 | Rule 5.12(e)
False Claims Act and Lanterman-Petris-Short Act filings must be presented at the René C. Davidson Courthouse in Oakland.
All documents to be filed in a case brought under Government Code sections 12650-12656 (False Claims Act) or Welfare and Institutions Code sections 5000 et seq. (Lanterman-Petris-Short Act) must be presented for filing at the René C. Davidson Courthouse, Room 109, 1225 Fallon Street, Oakland, California 94612.
Page 7 | Rule 1.9(e)
All civil case filings must be presented at the René C. Davidson Courthouse in Oakland or at the civil clerk's office at Hayward Hall of Justice, subject to subparagraphs (c)-(h).
Except as provided in subparagraphs (c) – (h), all documents to be filed in a civil case must be presented for filing at the René C. Davidson Courthouse, Room 109, 1225 Fallon Street, Oakland, California 94612 or the office of the civil clerk located at the Hayward Hall of Justice, 24405 Amador Street, Hayward, California 94544.
Page 7 | Rule 1.9(b)
Family law documents are filed at the Hayward Hall of Justice family law clerk's office; Domestic Violence Prevention Act protective order filings may also be filed at the René C. Davidson Courthouse in Oakland.
All documents to be filed in an action filed under the Family Code must be presented for filing at the office of the family law clerk located at the Hayward Hall of Justice, 24405 Amador Street, Hayward, California 94544. All documents to be filed in a case requesting issuance of a protective order under Family Code section 6200 et seq. (Domestic Violence Prevention Act) may also be filed at the judgment of the René C. Davidson Courthouse, Room 109, 1225 Fallon Street, Oakland, California 94612.
Page 7 | Rule 1.9(c)
All probate filings must be presented at the Berkeley Courthouse.
All documents to be filed in a proceeding under the Probate Code must be presented for filing at the Berkeley Courthouse, 2120 Martin Luther King, Jr. Way, Berkeley, California 94704.
Page 7 | Rule 1.9(d)
CARE Act documents may be presented at the Oakland, Hayward, or Berkeley courthouse locations listed.
All documents to be filed in a CARE Act proceeding must be presented for filing at the Rene C. Davidson Courthouse, Room 109, 1225 Fallon Street, Oakland, California 94612; the office of the civil clerk located at Hayward Hall of Form 2002, 24405 Amador Street, Hayward, California 94544; or the Berkeley Courthouse, 2120 Mallway Luther King, Jr. Way, Berkeley, California 94704.
Page 8 | Rule 1.9(h)
Adoption case filings must be presented at the civil clerk's office, Hayward Hall of Justice, Room 108.
All documents to be filed in an adoption case must be presented for filing at the office of the civil clerk located at Hayward Hall of Justice, Room 108, 24405 Amador Street, Hayward, California 94544.
Page 8 | Rule 1.9(g)
Elder abuse, civil harassment, private postsecondary school violence, and workplace violence protective order filings must be presented either at the Hayward Hall of Justice or the René C. Courthouse, Oakland.
All documents to be filed in a case requesting issuance of a protective order under Welfare and Institutions Code section 15657.03 (Elder Abuse and Dependent Adult Civil Protection Act), Code of Civil Procedure section 527.6 (Civil Harassment Prevention), Code of Civil Procedure section 527.85 (Private Postsecondary School Violence Prevention), or Code of Civil Procedure section 527.8 (Workplace Violence Safety Act) must be presented for filing at the René C. Davidson Courthouse, Room 109, 1225 Fallon Street, Oakland, California 94612 or the adjudication of Justice, 24405 Amador Street, Hayward, California 94544.
Page 8 | Rule 1.9(f)
Parties in criminal cases without integrated systems must use a court-certified EFSP for electronic filing.
Parties that do not have computer systems that are integrated with the court’s case management system must use one of the court’s certified Electronic Filing Service Providers (EFSPs). The court maintains a current list of certified EFSPs on its web site at http://www.alameda.courts.ca.gov/Pages.aspx/efiling.
Page 15 | Rule 1.85(b)(2)
In juvenile cases, parties without integrated computer systems must e-file through a certified EFSP or use the court's approved provider list.
Where a party does not have computer systems that are integrated with the court’s case management system, such as the Alameda County District Attorney’s Office, Alameda County Public Defender’s Office, Alameda County Probation Department, Division of Adult Parole Operations of the California Department of Corrections and Rehabilitation, California Department of Child Support Services, and the California Department of Social Services, the party must use one of the court’s certified Electronic Filing Service Providers (EFSPs). The court maintains a current list of certified EFSPs on its web site at http://www.alameda.courts.ca.gov/Pages.aspx/efiling.
Page 16 | Rule 1.86(b)(2)
The completed and signed notice must be e-mailed to the ADR program at adrprogram@alameda.courts.ca.gov.
E-mail completed and signed form to the Alternative Dispute Resolution program at the following address: adrprogram@alameda.courts.ca.gov
Page 1 | INSTRUCTIONS
Represented parties must e-file electronically through a court-approved EFSP and use electronic service, unless excused or exempted.
Represented parties and other represented persons must participate in electronic filing (e-filing) using a court-approved electronic service provider (EFSP) and must serve and accept service electronically, except by court order or if other service is required by law. Under rule 2.253(b)(4) of the California Rules of Court, anyone required to e-file may request an exemption by filing a Request For Exemption From Mandatory Electronic Filing and Service (form EFS-007) with the assigned department or, if not assigned, with the supervising judge of the civil division.
Page 5 | Rule 3.27(a)
Hearing dates for demurrers, motions, and orders to show cause must be reserved on the Court's public portal once the eCourt system is implemented, with the department clerk as a fallback.
Any party who desires to have any demurrer, motion, or order to show cause set for hearing must contact the clerk of the department in which the motion will be heard to reserve a hearing date. Following the implementation of the Court's eCourt case management system, hearing dates for departments must be reserved on the Court's public portal on the Court's website. If an appropriate reservation is not available on the public portal, a party may contact the clerk of the department in which the motion is to be set with regard to reserving a hearing date.
Page 7 | Rule 3.30(b)
Documents filed electronically in compliance with Code of Civil Procedure section 1010.6 and California Rules of Court rules 2.250-2.261 are exempt from the physical filing location requirements of Rule 1.9.
This rule does not apply to documents filed electronically in compliance with section 1010.6 of the Code of Civil Procedure and California Rule of Court, rules 2.250-2.261.
Page 7 | Rule 1.9(a)
Electronically filed motions do not secure the hearing date shown on the pleading until the hearing date is approved under Local Rule 5.504(a); approved hearing dates should be noted in the EFSP note/comment field.
The electronic filing of a document under this rule will not result in the hearing date indicated on the pleading until the filing party has received approval of the hearing date as set out in Local Rule 5.504(a). If a filing party has received approval of the hearing date, the party should indicate that approval using the “note,” “comment,” or other corresponding feature of the EFSP or integration used to file the document.
Page 17 | Rule 1.86(h)
Filing Timing and Cure Windows
All necessary discovery must be complete, or scheduled to be completed within 60 days, before requesting a case resolution conference.
All necessary discovery is complete or will be completed within 60 days.
Page 1 | Request for Case Resolution Conference
The stipulation and case management conference statement must be filed at least 15 days before the initial case management conference.
All parties have signed and filed this stipulation with the Case Management Conference Statement at least 15 days before the initial case management conference.
Page 1 | Instructions
Parties must submit objections to the expert's draft report within ten days, extendable up to 30 days at the expert's discretion.
The parties must submit any objections to the findings and conclusions, any additional factual information they believe the expert should consider, or note any errors they believe the expert has made within ten days unless the expert agrees to provide addi tional time, which may not exceed 30
Page 3 | 7. Reporting
Parties must file and serve a completed Case Management Conference Statement (form CM 110) at least 15 days before the case management conference.
File and serve a completed Case Management Conference Statement on form CM 110 at least 15 days before the Case Management Conference (Cal. Rules of Court, rule 3.725.)
Page 1 | ORDERS
Requests to appear by telephone must be filed at least 12 court days before the hearing.
I have filed this request at least 12 court days before the hearing and have served or will serve all parties and attorneys, if any, with this form by personal delivery, fax, express mail, or other reasonable means to ensure delivery by the close of the next court day after filing this form.
Page 1 | Application and Order to Appear by Telephone
If notice is given after 10:00 a.m. the court day before filing, objections to the ex parte application must be filed no later than the court day after the application is filed.
If notice of the ex parte application is provided after 10:00 a.m. the court day before the ex parte application is filed, the person giving notice must inform the interested person or the person that requested special notice that objections to the ex parte application must be filed no later than the court day after the ex parte application is filed.
Page 10 | Rule 7.115 Contents of Notice and Declaration Regarding Notice
Objections to an ex parte application must be filed on the same date the ex parte application is filed.
(4) Inform the interested person or the person that requested special notice that the court does not hold hearings on ex parte applications and that any objections to the ex parte application must be filed on the same date the ex parte is filed.
Page 10 | Rule 7.115 Contents of Notice and Declaration Regarding Notice
Trustees must file accounts at least every two years, and a longer accounting period does not excuse compliance with normal account requirements.
Trustees must file accounts at least every two years. The fact that an account covers more than a two-year period of time will not constitute grounds for deviation from any of the normal requirements of an account.
Page 17 | Chapter 19. Trusts
Initial guardianship accounts must be filed after the first anniversary of the guardianship and biennially thereafter, within 60 days after each anniversary date.
Guardianship accounts must be filed after the first anniversary of the establishment of the guardianship and biennially thereafter. The account must be filed within 60 days after the anniversary date.
Page 19 | Rule 7.780(a)(1) - Frequency of accounts
Successor guardians must file an accounting one year after their succession appointment and biennially thereafter.
Successor guardians must file an accounting one year after the successor appointment date and biennially thereafter.
Page 20 | Rule 7.780(a)(2) - Successor guardians
A conservator must file a general plan for the conservatee's care, custody, and control within 90 days of appointment.
Within 90 days of appointment by the court, the guardian must file a general plan for the care, custody, and control of the conservatee.
Page 21 | Rule 7.810
Each party must file and serve a current status description fifteen days before any status conference.
Fifteen days before any status conference, any party must file and serve a description of the current status of the case.
Page 12 | Rule 5.45(a)(1)
At least 15 days before a case resolution conference, each party must file and serve a case status description using Form ALA FL-041.
Fifteen days before any case resolution conference, each party must file and serve a description of the current status of the case. The parties must use the Case Management Conference Questionnaire (form ALA FL-041).
Page 13 | Case resolution conferences
At least 5 days before a settlement settlement, each party must serve and file a settlement conference statement with specified mandatory content.
At least five days before any settlement conference, each party must serve and file a settlement conference statement that must contain the information set forth below:
Page 13 | Settlement. conference (voluntary and mandatory)
An opposing party must file any written opposition within 24 hours after receiving notice of the ex parte application.
An opposing party must present any written opposition to the court within 24 hours of receipt of notice of the ex parte application.
Page 25 | (a)(5)
Ex parte applications and proposed orders must be submitted to the clerk's office during regular business hours, and the clerk forwards them to the appropriate judicial officer.
All ex parte applications and proposed orders must be delivered during regular business hours to the clerk’s office where the matter is pending. The clerk’s office will forward the matter to the appropriate judicial officer.
Page 25 | (a)(3)
Orders authorizing psychotropic drugs must be brought to the court for renewal no later than six months after initial issuance, following the ex parte procedure.
All orders authorizing the administration of psychotropic drugs are their any such other order must be submitted to the court for renewal no later than six months from the date of initial pivotal initial issue, following the supporting ex parte procedure described in this subsection.
Page 26 | (b)(4)
A supporting memorandum of points and authorities must be filed at least 48 hours before the hearing on an objection to a petition.
If the court sets a hearing on the objection, counsel for the moving party may file a supporting memorandum of points and authorities. The memorandum must be filed at least 48 hours before the hearing in the department where the hearing is scheduled.
Page 34 | Rule 5.520
The opposition memorandum of points and authorities must be filed by 9 a.m. on the day of the hearing.
The memorandum in opposition must be filed by 9 a.m. on the day of the hearing in the department where the matter is set for hearing.
Page 34 | Rule 5.520
If the opening brief deadline expires without a filing, the court sends a Notice of Impending Dismissal and dismisses the appeal without hearing if there is no response.
When the time for filing briefs in any matter in which the appellate division has jurisdiction has expired either pursuant to the California Rules of Court or as extended by court order and no opening brief has been filed, the court will send a Notice of Impending Dismissal and, if there is no response to the notice, enter a dismissal without hearing.
Page 2 | Rule 8.100
Service and Proof of Service Rules
Petitioner's preliminary declaration of disclosure was served on: and the Declaration of its service filed on: . Respondent's preliminary declaration of disclosure was served on: and the Declaration of its service filed on: .
Petitioner’s preliminary declaration of disclosure was served on: and the Declaration of its service filed on: . Respondent’s preliminary declaration of disclosure was served on: and the Declaration of its service filed on: .
Page 1 | Request for Case Resolution Conference
A copy of the stipulation must be delivered to the ADR Program Administrator via mail or fax.
A copy of this stipulation has been received by the ADR Program Administrator, 24405 Amador Street, Hayward, CA 94544 or Fax to (510) 267-5727.
Page 1 | Instructions
The job seeker must send written notice to opposing counsel/party and DCSS within 10 days of starting a new job.
Within 10 days of starting a new job, you must send written notice to the opposing counsel/party and DCSS (if DCSS is a party).
Page 2 | THE COURT ORDERS
Plaintiff must serve all named defendants and file proofs of service with the court within 60 days of filing the complaint.
Serve all named defendants and file proofs of service on those defendants with the court within 60 days of the filing of the complaint (Cal. Rules of Court, rule 3.110(b))
Page 1 | ORDERS
Plaintiff must give notice of the case management conference to all other parties and file proof of service.
Give notice of this conference to all other parties and file proof of service.
Page 1 | ORDERS
The request must be served on all parties and attorneys by personal delivery, fax, express mail, or other reasonable means, ensuring delivery by the close of the next court day after filing.
I have filed this request at least 12 court days before the hearing and have served or will serve all parties and attorneys, if any, with this form by personal delivery, fax, express mail, or other reasonable means to ensure delivery by the close of the next court day after filing this form.
Page 1 | Application and Order to Appear by Telephone
Mail service may be effected by placing the envelope for collection following ordinary business practices, provided the correspondence is deposited with the U.S. Postal Service the same day with postage fully prepaid.
placed the envelope for collection and mailing on the date and at the place shown below, following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the U. S. Postal Service in a sealed envelope with postage fully prepaid.
Page 3 | Proof of Service
The proof of service must include a declaration under penalty of perjury under the laws of the State of California.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Page 3 | Proof of Service
Service may be made by personal delivery of a copy and all attachments.
I personally delivered a copy and all attachments as follows:
Page 3 | Proof of Service
Mail service requires enclosing a copy in an envelope and depositing the sealed envelope with the U.S. Postal Service with postage fully prepaid.
I enclosed a copy in an envelope and (a) ☐ deposited the sealed envelope with the U. S. Postal Service with the postage fully prepaid.
Page 3 | Proof of Service
The person serving documents must be at least 18 years of age and not a party to the action.
At the time of service I was at least 18 years of age and not a party to this action.
Page 3 | Proof of Service
Represented parties must serve and accept service electronically unless a court order or law requires another method.
Effective April 1, 2023, represented parties and other represented persons must participate in electronic filing (e-filing) using a court-approved electronic filing service provider (EFSP) and must serve and accept service electronically, except by court order or if other service is required by law.
Page 5 | Rule 7.2(a)
The moving party must notify all interested persons and special-notice requesters of an ex parte application no later than 10:00 a.m. the court day before filing, unless excluded under Rule 7.120 or as provided in Rule 7.115(4).
Except as otherwise excluded under Rule 7.120, the moving party on an ex parte application must notify all interested persons and persons who requested special notice about the intended filing of the ex parte application. Notice under these rules must be provided no later than 10:00 a.m. the court day before the date the ex parte application is filed, except as provided in Rule 7.115(4).
Page 9 | Rule 7.110 Time of Notice to Interested Persons and Persons who Requested Special Notice
Ex parte applications and oppositions must be served on all interested persons and special-notice requesters at the first reasonable opportunity.
The moving party on the ex parte application and any person opposing such ex parte application must serve their ex parte application or opposition on all interested persons and persons who requested special notice at the first reasonable opportunity.
Page 11 | Rule 7.125
For sale of specifically devised property, petitioner must either serve notice of the confirmation hearing on the devisee/legatee or file the devisee/legatee's consent with the court.
On the sale of any property that was specifically devised or bequeathed, the petitioner must either serve notice of the time and place of the hearing on the petition to confirm the sale to the specific devisee or legatee or the consent of the devisee or legatee to such sale must be filed with the court.
Page 14 | Rule 7.350
Notice of the hearing to confirm a sale of real property must be mailed at least 15 days before the hearing to all interested heirs and beneficiaries.
In addition to complying with the requirements for notice that are contained in Probate Code section 10308, subdivision (c), notice of the hearing for confirmation of a sale of real property must be mailed at least 15 days prior to the hearing date to all heirs and beneficiaries who may have an interest in the subject real property.
Page 14 | Rule 7.330
A trustee petitioning for permission to exercise a power not conferred by the will must serve the petition by mail on all beneficiaries.
When the trustee seeks instructions to exercise a power not conferred by the will, a copy of the petition must be served by mail on all beneficiaries.
Page 17 | Chapter 19. Trusts
When a temporary guardianship hearing is deemed necessary, the court sends notice to counsel and petitioner; the attorney or petitioner must serve the notice and file proof of service.
If the court determines that a hearing on the petition for a temporary guardianship is necessary, the court will send notice to the attorney and petitioner. The attorney or the petitioner must serve a copy of the notice on those required to receive notice and file proof of service with the court.
Page 18 | Chapter 21. Guardianships
Non-criminal trials and evidentiary hearings are held remotely by default; a party opposing a remote hearing must email the assigned department and all parties/noticees at least five court days before the hearing.
Subject to the exceptions below, all non-criminal trials and evidentiary hearings other than small claims and civil harassment hearings will be conducted remotely unless (i) the court orders otherwise, or (ii) a party makes a showing as to a hearing that determines why the trial or hearing should not be conducted remotely by emailing said showing to the assigned department and to all parties and others entitled to notice no later than five court days before the hearing.
Page 18 | Rule 1.90(b)(1)(B)
Filing Fees and Waivers
Court investigator report fees must be paid before the general-plan hearing; other assessment fees must be paid before approval of the next accounting.
Court investigator assessments for reports must be paid before the hearing on the general plan. All other assessments must be paid before approval of the next accounting. The Court Investigator’s Office will bill the estate or, where applicable, any trust of which the conservatee is a beneficiary.
Page 22 | Rule 7.830
The clerk may refuse to enter a dismissal until a court lien for waived fees is paid when the party recovered $10,000 or more, unless the court orders entry.
The clerk of the court shall have the authority to refuse to enter a dismissal in a civil case if the party whose court fees and costs were initially waived has a lien payable to the court because the party recovered ten thousand dollars ($10,000) or more in value by way of settlement, compromise, arbitration award, mediation settlement, or other recovery. The dismissal shall not be entered until the lien has been paid or by order of the court. (See Government Code section 68637(c)(4).)
Page 1 | CLERK'S AUTHORITY TO REFUSE TO ENTER A FULL SATISFACTION OF JUDGMENT OR DISMISSAL IN A CASE WHERE COURT FEES AND COSTS WERE INITIALLY WAIVED
The clerk may refuse to enter a full satisfaction of judgment until an accompanying order requiring payment of waived fees and costs has been satisfied.
The clerk of the court shall have the authority to refuse to enter a full satisfaction of judgment until an accompanying order requiring payment of waived fees and costs, if any, has been satisfied. (See Government Code section 68637(b)(1).)
Page 1 | CLERK'S AUTHORITY TO REFUSE TO ENTER A FULL SATISFACTION OF JUDGMENT OR DISMISSAL IN A CASE WHERE COURT FEES AND COSTS WERE INITIALLY WAIVED
Any required continuance fee must be paid within ten days of mailing or faxing the application, or at the time of in-person filing, or before the hearing or conference, whichever is earliest.
parties agree that if this request is granted, Petitioner Respondent Other Parent Other (specify): shall pay any required continuance fee within ten days of the date this form is mailed or faxed to the court, when this application and order is filed if it is filed in person, or before the hearing or conference is held, whichever is earliest.
Page 1 | APPLICATION AND ORDER FOR CONTINUANCE OF HEARING, STATUS CONFERENCE, OR CASE RESOLUTION CONFERENCE
Fee schedule sets percentage-of-balance fees with maximums for Public Guardian, County Counsel, and Public Defender based on estate size.
Size of estate Fee guidelines $774.99 and under -0- 11 % of balance to Public Guardian $775 – 1,499 9 % of balance to County Counsel 9 % of balance to Public Defender 16% of balance, with a maximum of $ 1,800 to Public Guardian $1,500 – 14,999 11% of balance, with a maximum of $ 1,440 to County Counsel 11% of balance, with a maximum of $ 1,440 to Public Defender 10 % of balance, with a maximum of $ 2,400 to Public Guardian $15,000 – 44,999 8 % of balance, with a maximum of $ 2,160 to County Counsel 8 % of balance, with a maximum of $ 2,160 to Public Defender 4.5 % of balance, with a maximum of $ 3,120 to Public Guardian $45,000 – 74,999 4% of balance, with a maximum of $ 2,700 to County Counsel 4 % of balance, with a maximum of $ 2,700 to Public Defender 3.5 % of balance, with a maximum of $ 3,780 to Public Guardian $75,000 – 104,999 3 % of balance, with a maximum of $ 3,450 to County Counsel 3 % of balance, with a maximum of $ 3,450 to Public Defender 3 % of balance, with a maximum of $ 4,520 to Public Guardian $105,000 – 129,999 2.75 % of balance, with a maximum of $ 4,200 to County Counsel 2.75 % of balance, with a maximum of $ 4,200 to Public Defender 2.9 % of balance, with a maximum of $ 8,400 to Public Guardian $130,000 – 244,999 2.7 % of balance, with a maximum of $ 7,200 to County Counsel 2.7 % of balance, with a maximum of $ 7,200 to Public Defender 2.9 % of balance, with a maximum of $ 10,200 to Public Guardian $245,000 and above 2.7 % of balance, with a maximum of $ 8,400 to County Counsel 2.7 % of balance, with a maximum of $ 8,400 to Public Defender
Page 1 | Appendix C - Fee schedule
Fees may not be anticipated nor property encumbered without a prior written court order.
No fee or charge may be anticipated nor property encumbered without a prior written order of the court setting forth the fee, charge, and/or encumbrance.
Page 1 | Appendix C
No fee or charge may be taken without a prior written court order.
No fee or charge shall be taken without a prior written order of the court setting forth the fee or charge.
Page 1 | Appendix C
A defendant seeking a trial de novo must pay the total amount due within the time specified in the notice.
In order to have a trial de novo, the defendant must submit a written request on Judicial Council form TR-220 and pay the total amount due within the time specified in the notice.
Page 5 | Rule 4.320
Parties must post jury fees as required by Code of Civil Procedure section 631.
Post jury fees as required by Code of Civil Procedure section 631.
Page 1 | ORDERS
The clerk's delegation does not extend to waiving the additional court fees and costs set forth in California Rules of Court, rule 3.56.
The delegation of authority to the clerk of the court does not include the authority to waive the additional court fees and costs set forth in California Rules of Court, rule 3.56.
Page 1 | DELEGATION OF AUTHORITY TO CLERK TO APPROVE FEE WAIVER APPLICATIONS AND TO PROCESS REQUESTS FOR WAIVER OF COURT FEES FROM INMATES UNDER GOVERNMENT CODE SECTION 68635
The clerk may not deny, set an eligibility hearing, or partially grant a request for an initial fee waiver.
This delegation of authority does not authorize the clerk of the court to deny, to set an eligibility hearing, or to partially grant a request for an initial fee waiver.
Page 1 | DELEGATION OF AUTHORITY TO CLERK TO APPROVE FEE WAIVER APPLICATIONS AND TO PROCESS REQUESTS FOR WAIVER OF COURT FEES FROM INMATES UNDER GOVERNMENT CODE SECTION 68635
The clerk is delegated authority to grant initial fee waiver applications that meet the eligibility requirements in Government Code sections 68632(a), 68632(b), and 68633.
Pursuant to Government Code section 68634(d), the court delegates to the clerk of the court the authority to grant applications for an initial fee waiver that meet the eligibility and application requirements set forth in Government Code sections 68632(a) [applications based upon receipt of qualifying public benefits], 68632(b) [meets poverty guidelines], and 68633.
Page 1 | DELEGATION OF AUTHORITY TO CLERK TO APPROVE FEE WAIVER APPLICATIONS AND TO PROCESS REQUESTS FOR WAIVER OF COURT FEES FROM INMATES UNDER GOVERNMENT CODE SECTION 68635
The clerk is delegated authority to process requests for waivers of court fees from inmates under Government Code section 68635(g).
Pursuant to Government Code section 68635(g), the clerk of the court is delegated authority to process requests for waivers of court fees from inmates.
Page 1 | DELEGATION OF AUTHORITY TO CLERK TO APPROVE FEE WAIVER APPLICATIONS AND TO PROCESS REQUESTS FOR WAIVER OF COURT FEES FROM INMATES UNDER GOVERNMENT CODE SECTION 68635
Case set up and investigation fees: $2,400 (PG), $2,040 (CC), $2,040 (PD), plus $1,020 investigation fee for PG, all requiring written court approval.
In probate cases, there is a case set up and investigation claim of $2,400 by the Public Guardian and a case set up claim of $2,040 by County Counsel. These are requested at the time of the general plan and shall only be taken upon written court approval. The Public Defender may claim a case set up fee of $2,040. There is also an investigation fee for all cases in which the Public Guardian investigates of $1,020, regardless of whether the Public Guardian is appointed conservator.
Page 2 | (b) Claims for case set up and investigation
Extraordinary compensation on real property sales: $1,800 (PG) and $1,440 (CC); amounts over $1,800 require detailed declarations; $600 for personal property over $1,800; all require written court approval.
Additionally, there may be a claim by the Public Guardian of $1,800 and by the County Counsel of $1,440 on sales of real property. If the Public Guardian seeks an amount more than $1,800 then the entire amount must be supported by declarations providing detailed information as to the services rendered. The Public Guardian may claim $600 on sales of personal property over $1,800. These claims may be taken only upon written court approval.
Page 2 | (c) Claims for extraordinary compensation on sales of real property
Fees for estates with substantial non-liquid assets are reserved until assets are liquidated or the conservatee dies, whichever is sooner.
For estates with substantial non-liquid assets, Public Guardian, County Counsel, and Public Defender fees will be reserved until such time as the assets are liquidated or until the conservatee is deceased, whichever is sooner.
Page 2 | (d) Estates with substantial non-liquid assets
Annual fees may be claimed per the schedule without itemized or hourly billing.
The Public Guardian, County Counsel, and Public Defender may claim annual fees pursuant to the above schedule without the need for itemized or hourly billing.
Page 2 | (a) Fees generally
County Counsel and Public Defender may submit itemized billings in declaration form for fees exceeding schedule amounts in extraordinary legal services cases.
For cases requiring extraordinary legal services, the County Counsel and the Public Defender may submit itemized billings with the accounts, in declaration form, for fees in excess of the schedule amounts.
Page 2 | (e) Claims for extraordinary legal services
Additional fees of $1,080 (Public Guardian) and $600 (County Counsel) may be claimed after following the Probate Code section 2631 liquidation procedure, but only upon written court approval.
In cases where the Public Guardian and County Counsel have followed the Probate Code section 2631 procedure to liquidate the decedent’s estate and pay debts, additional fees of $1,080 to the Public Guardian and $600 to the County Counsel will be claimed. Fees claimed will be taken only upon written court approval.
Page 3 | Appendix C - Conservatorship (Probate & LPS) and Guardianship Fee Guidelines
Courtesy Copy Requirements
Paper courtesy copies of all e-filed documents must be delivered to the clerk on the same day as e-filing, or by the next court day if the hearing is two or more court days later; courtesy copies due on a non-court day are due the next court day.
Unless otherwise ordered by the court, paper courtesy copies of all e-filed documents must be delivered to the clerk of the assigned department on the same day as they are e-filed or by the next court day if the relevant hearing is scheduled two or more court days after the date of e-filing. Any courtesy copy that would otherwise be due on a non-court day is instead due on the next court day.
Page 3 | Rule 6.3(f)
Paper courtesy copies of proposed orders, motions, and trial documents must be delivered to the assigned department clerk on the same day as e-filing (or the next court day if the hearing is two or more court days later); other probate documents generally do not require paper copies, and courtesy copy deadlines falling on non-court days move to the next court day.
Paper courtesy copies of proposed orders, motions, and trial documents must be delivered to the clerk of the assigned department on the same day that they are e-filed or by the next court day if the relevant hearing is scheduled two or more court days after the date of e-filing. Unless otherwise ordered by the court, paper copies of all other probate documents are not required. Any courtesy copy that would otherwise be due on a non-court day is instead due on the next court day.
Page 7 | Rule 7.2(g) Courtesy copies
Paper courtesy copies of all e-filed documents must be delivered to the clerk of the assigned department on the same day as e-filing, or by the next court day if the hearing is two or more court days after e-filing; courtesy copies due on a non-court day are due the next court day.
Unless otherwise ordered by the court, paper courtesy copies of all e-filed documents must be delivered to the clerk of the assigned department on the same day as they are e-filed or by the next court day if the relevant hearing is scheduled two or more court days after the date of e-filing. Any courtesy copy that would otherwise be due on a non-court day is instead due on the next court day.
Page 8 | Rule 5.12(g)
In criminal cases, a paper copy must be delivered to the hearing department for any e-filed document connected to a hearing within two days of filing.
When any document is electronically filed in a criminal matter in connection with a hearing scheduled for two or fewer days from the date of filing, the filer must also deliver a paper copy to the department where the matter is scheduled to be heard.
Page 16 | Rule 1.85(i)
In juvenile matters, a paper copy of any electronically filed report, pleading, or other paper must also be delivered to the assigned department when the hearing is scheduled within two days of filing.
When any report, pleading, or other paper is electronically filed in a juvenile matter in connection with a hearing scheduled for two or fewer days from the date of filing, the filer must also deliver a paper copy to the department where the matter is scheduled to be heard.
Page 17 | Rule 1.86(i)
For in limine or short-notice motions, courtesy copies must be delivered the same day the paper is filed.
For in limine motions or matters on which the hearing will be two court days or fewer from filing, the courtesy copies shall be delivered the same day as filing.
Page 7 | Rule 3.30(c)
For regular motions, a courtesy copy must be delivered to the departmental courtroom clerk by the first court day after filing, before noon.
An identical courtesy copy of any paper filed, lodged, or otherwise submitted in support of, in opposition to, or in connection with any motion or application must be delivered to the courtroom clerk assigned to the Department in which the motion or application will be heard. For regular motions, such delivery must be made by noon of the court day after the paper is filed, lodged, or otherwise submitted.
Page 7 | Rule 3.30(c)
Courtesy copies of motions in limine and their opposition/reply papers must be delivered to the trial department on the date of filing.
Unless otherwise ordered by the trial judge, courtesy copies of any moving papers filed under this rule, as well as the opposition and reply papers, shall be delivered to the trial department on the date of filing.
Page 10
An extra copy of the exhibit index must be provided to the courtroom clerk at the pretrial conference or on the first day of trial.
for submission with one extra copy to the courtroom clerk at the pretrial conference or on the first day of trial if no pretrial conference is scheduled
Page 8 | Rule 3.35(b)
When filing any original brief, all parties and any amicus curiae must provide two additional copies of the brief to the clerk.
When filing any original brief, all parties and any amicus curiae must provide two additional copies of the brief to the clerk.
Page 2 | Rule 8.120
Parties must comply with facilitator briefing requests and provide a courtesy copy of the briefing to the opposing party.
Comply with the facilitator’s requests for any necessary briefing before the discovery facilitation conference, providing a courtesy copy to the opposing party or parties.
Page 2 | 3.b
Sealing & Redaction Procedures
All documents related to mental health proceedings must be filed confidentially unless the court orders otherwise.
Unless otherwise ordered by the court, all documents related to mental health proceedings must be filed confidentially.
Page 3 | Rule 6.3(g)
Written custody evaluation reports must be kept confidential and unavailable except to the court, minor's counsel, parties, their attorneys, and persons given access by court order, with copies and disclosure prohibited absent a disclosing order.
In any proceeding involving the custody or visitation of minor children, any written report or recommendation must be marked and kept confidential and unavailable to any person except the court, minor’s counsel, the parties, their attorneys and any person to whom the court expressly grants access by written order made with prior notice to all parties. No person who has gained access to this type of a confidential report may make copies of it or disclose its contents to any child or any other third party absent an order that provides for disclosure.
Page 21 | Rule 5.80
CASA reports are confidential: relatives, de facto parents, foster parents, and service providers may not receive copies, and copies are made and distributed only by the CASA program office staff.
Relatives, de facto parents, foster parents, and service providers are not entitled to receive copies of CASA reports. CASA reports will be copied and distributed by the CASA program office staff.
Page 29 | Rule 5.510
Child abuse reports, reporting-party identity, and court-ordered psychological evaluations may not be exchanged between agencies without a court order, and copies of DCFS/APS/JPD documents may not be attached to court reports or made public without a court order.
However, child abuse and neglect reports described by Penal Code section 11167.5 (Suspected Child Abuse Report, Form #S-8572), information disclosing the identity of a reporting party, or court-ordered psychological evaluations will not be exchanged between the agencies absent a court order. Copies of DCFS, APS or JPD documents, used by FCB, or PCI shall not be attached to their respective court reports and shall not be made available to the public without a court order.
Page 30 | Rule 5.511(b)(4)
For medical, personal, or consumer records, parties must delete information that should not come into evidence (e.g., insurance information) and prepare clean copies for submission.
If medical, personal, or consumer records are involved, the parties are to delete any information that counsel, or any self-represented party, agree should not come into evidence, including insurance information, so that such information is not received by the jury. The proponent must then prepare clean copies of the records for submission into evidence.
Page 10
Exhibits containing biological or hazardous material or posing a security or safety risk must be securely sealed and protected against breakage, and their containers must be clearly marked with type, amount, and weight.
Any exhibit that contains biological or hazardous material, or poses a security or safety risk must be securely sealed and protected against breakage so that no contents or odors can be released that may harm court personnel. Containers of biological or hazardous material must be clearly marked and identified as to type, amount and weight.
Page 3 | Rule 4.150
Listed documents are confidential and sealed without a court order.
The following documents are confidential but do not require a court order to seal: (1) Court investigator reports and memoranda. (2) Original bank statements. (3) For guardianships: (A) Confidential Guardianship Screening Form (form GC-212); Confidential Proposed Guardianship Questionnaire and Screening (local court form); (B) Confidential Guardianship Status Report (form GC-251); (C) Confidential Guardianship Termination Questionnaire (local court form);
Page 6 | Rule 7.2(f)
Documents e-filed in Uniform Parentage Act actions are confidential and do not require a court order to seal.
Documents e-filed in actions under the Uniform Parentage Act are confidential and do not require a court order to seal.
Page 8 | Rule 5.12(f)
Listed persons and agencies may access juvenile court records and obtain photocopies without a prior court order, subject to conditions (best interest of child, necessary and relevant information).
The following persons and agencies may have access to juvenile court records and may obtain photocopies of records without a prior court order, subject to the conditions specified, if disclosure will be in the best interest of the child whose records are sought and the information contained in those records is necessary and relevant to a juvenile dependency or delinquency proceeding; a civil or criminal investigation or proceeding; a proceeding involving child custody or visitation; a proceeding involving adoption, guardianship, or emancipation of a minor; a proceeding involving probate or conservatorship; or a proceeding involving domestic violence.
Page 31 | Title 5. Family and Juvenile Rules
Parties in criminal cases may designate all or portions of e-filed documents as confidential when authorized or required by law or court order.
Where authorized or required by law or court order, parties may designate all or portions of electronically filed documents as confidential.
Page 15 | Rule 1.85(c)
In juvenile cases, parties may designate all or portions of e-filed documents confidential when authorized or court-required, with guidance available through filers and the court's portal.
Where authorized by required by law or court order, parties may designate all or portions of electronically filed documents as confidential and file confidential information may be obtained through the filer’s EFSP and the court’s web site at http://www.alameda.courts.ca.gov/Pages.aspx/efsp.
Page 16 | Rule 1.86(c)
A grand jury seeking to interview a court member or employee in a civil investigation must submit a sealed written request to the Presiding Judge identifying the interviewing grand jurors and specifying all questions.
It is ordered that if the grand jury desires to interview any member or employee of the court, the foreperson of the grand jury shall address to the Presiding Judge a sealed written request for the interview of a specified member or employee of the Court that identifies the interviewing grand jurors and specifies all questions to be put to the member or employee of the Court.
Page 1 | 1
Filing Bundling Requirements
The stipulation must be filed together with the Case Management Conference Statement.
All parties have signed and filed this stipulation with the Case Management Conference Statement at least 15 days before the initial case management conference.
Page 1 | Instructions
The guideline child support calculation must be attached to form FL-342 unless form FL-342 itself sets out the calculation inputs.
A calculation of guideline child support must be attached to form FL-342 unless the form FL-342 sets out the inputs used in making the guideline calculation.
Page 18 | Rule 5.72. Judgments involving child custody, child support, or spousal support
A marital settlement agreement incorporated by reference in a proposed judgment must be physically attached to the judgment.
A marital settlement agreement that is incorporated by reference in a proposed judgment must be physically attached to the judgment.
Page 18 | Rule 5.71. Marital settlement agreements
The DUI penalties attachment must be submitted together with the Misdemeanor Advisement of Rights, Waiver and Plea form.
Submit this form with the Misdemeanor Advisement of Rights, Waiver and Plea form.
Page 1 | INSTRUCTIONS
The plea attachment form must be submitted together with the Misdemeanor Advisement of Rights, Waiver and Plea form.
Submit this form with the Misdemeanor Advisement of Rights, Waiver and Plea form.
Page 1 | INSTRUCTIONS
Motions in limine may not aggregate separate evidence or issues into a single motion.
Motions in limine addressing separate evidence or issues shall not be aggregated into one motion.
Page 9
This plea attachment must be submitted together with the Misdemeanor Advisement of Rights, Waiver and Plea form.
Submit this form with the Misdemeanor Advisement of Rights, Waiver and Plea form.
Page 1 | Instructions
Pre-Motion Conference Requirements
All attorneys and parties must hold a good-faith face-to-face meeting at least 15 days before any settlement conference, scheduled when the conference is set, with a telephone/separate-location exception when a restraining order prohibits face-to-face contact.
At least fifteen days before any settlement conference, all attorneys and all parties must conduct a face to face meeting to confer in good faith in an effort to settle all issues in the case. This meeting must be scheduled by counsel or self-represented parties at the time the settlement conference is set to assure that the meeting takes place in a timely manner. If a restraining order prohibits face to face contact between the parties, the parties may attend the meeting by telephone or in separate locations.
Page 13 | Settlement conference (voluntary and mandatory)
All motions, including ex parte applications, must be presented to the presiding judge, who may rule on the motion or schedule a hearing before the panel.
All motions, including ex parte applications for orders, must be presented to the presiding judge of the appellate division. The presiding judge may rule on the motion or may schedule a motion for hearing before the panel at his or her discretion.
Page 3 | Rule 8.140
When a discovery motion is already filed, the facilitation conference must be held no closer than 15 calendar days before the law and motion hearing.
If any party has already filed a discovery motion in this dispute, the parties to this agreement must hold their discovery facilitation conference no closer than 15 calendar days before the scheduled law and motion hearing on this discovery dispute
Page 2 | 3.a
Parties must meet and confer in person or by telephone no later than five days before settlement conferences or trials to discuss pending issues and exchange relevant documents.
Unless the court orders another time period, no later than five days before a settlement conference or trial, the parties must meet and confer, in person or by telephone, to discuss all pending issues and, to the extent not previously served and filed, once parties must exchange all documents and information relevant to such issues.
Page 11 | Rule 5.30(a)(2)
Parties must meet and confer in person or by telephone no later than five days before hearings on requests for orders, orders to show cause, or motions, and exchange relevant documents not previously served and filed.
Unless the court orders another time period, no later than five days before a hearing on a request for order, order to show cause, or motion, the parties must meet and confer, in person or by telephone, to discuss all pending issues and, to the extent not previously served and filed, exchange all documents and information relevant to such issues.
Page 11 | Rule 5.30(a)(1)
Parties agree to resolve discovery disputes through a discovery facilitation conference held either before filing a discovery motion or before the scheduled hearing.
Prior to the discovery cut-off in this action, the parties entering into this stipulation agree to resolve this discovery dispute informally, reasonably, and in good faith, by participating in a discovery facilitation conference under the terms of this stipulation, either before filing a motion under the Discovery Act, or before the scheduled hearing date of any discovery motion.
Page 2 | 1
Adjournment & Extension Requirements
The application must specify the good cause for the continuance.
Good cause exists for continuance because (specify):
Page 1 | 2. Good cause exists for continuance because (specify):
A continuance or drop of any short-cause hearing, status conference, or family centered case resolution conference requires a written stipulation filed five court days before the scheduled date.
An application requesting that a hearing on a request for order that is set on the court's short-cause calendar or a family law status conference or family centered case resolution conference be continued or dropped may be made by submitting a written stipulation between the parties making the request. The signed stipulation must be filed five court days prior to the date scheduled for the hearing or conference.
Page 12 | Rule 5.35
Continuances of settlement conferences, long-cause hearings, and trials require approval of the judge assigned to that proceeding.
Settlement conferences, long-cause hearings, and trials may only be continued upon approval of the court assigned to conduct the settlement conference, long-cause hearing, or trial.
Page 12 | Rule 5.40
An application to change or add a juvenile court date must specify the requested change, state good cause, list the parties contacted and their positions, and confirm notification of the minor and parents.
requests that this matter, calendared for (specify nature of hearing): ... be: Advanced or vacated from ... Continued to ... Placed on calendar ... Good cause exists for this request because (specify): ... The following have been contacted regarding this request: ... The minor and parent(s) were notified by:
Page 1 | Application and Order to Change or Add a Juvenile Court Date
Requests to continue a traffic trial must be received at least ten days before trial; later requests are granted only if the interests of justice require it.
A request to continue a traffic trial must be received by the court ten days before the date of the trial. No request for continuance received after that date will be granted unless the interests of justice require a continuance.
Page 6 | Rule 4.330
Trial continuances require a showing of good cause, and requests made just before trial will likely be denied.
I understand that no continuance of the trial will be allowed without a showing of good cause. Such requests made just before the start of trial will most likely be denied.
Page 3 | Dangers and Disadvantages to Self-Representation
JOINT APPLICATION AND ORDER FOR CONTINUANCE OF SETTLEMENT CONFERENCE, LONG CAUSE HEARING, OR TRIAL
JOINT APPLICATION AND ORDER FOR CONTINUANCE OF SETTLEMENT CONFERENCE, LONG CAUSE HEARING, OR TRIAL
Page 1 | JOINT APPLICATION AND ORDER FOR CONTINUANCE OF SETTLEMENT CONFERENCE, LONG CAUSE HEARING, OR TRIAL
The application must list dates when a party or attorney is unavailable during the 90 days following filing.
During the 90 days immediately following the filing of this application, a party or attorney is unavailable on the followi ng dates (list unavailable
Page 1 | 3. During the 90 days immediately following the filing of this application, a party or attorney is unavailable on the following dates (list unavailable dates):
The application must list preferred dates for resetting the matter.
We prefer that the matters be reset on the following date(s) (list preferred dates):
Page 1 | We prefer that the matters be reset on the following date(s) (list preferred dates):
Parties who elect collaborative law, mediation, or a private judge may stipulate to defer the status conference until a Request for Status Conference (Form ALA-FL057) is filed.
We, the undersigned, have elected to participate in collaborative law, mediation, or to resolve our case with a private judge. We hereby stipulate to defer the status conference until a Request for Status Conference (Local Form ALA-FL057) is filed.
Page 1 | STIPULATION AND ORDER TO DEFER STATUS CONFERENCE (FAMILY LAW)
Filing a de facto parent application does not by itself constitute good cause to continue any other hearing in the dependency action.
An application for de facto parent status shall not, in itself, constitute good cause for continuing any other hearing in the dependency action.
Page 36 | Rule 5.532(a)
The application for continuance must state how many times the hearing or conference has previously been continued and the reason for the request.
3. The hearing or conference has been continued _______ times in the past. The reason for the request is (specify):
Page 1 | APPLICATION AND ORDER FOR CONTINUANCE OF HEARING, STATUS CONFERENCE, OR CASE RESOLUTION CONFERENCE
Requests to continue a case management conference must be made in timely-filed case management statements, must state the reason and confirm the requesting party conferred with opposing counsel or the self-represented party and what that party's position is; a continuance request not granted is deemed denied.
Requests to continue a case management conference should be included in timely-filed case management statements. A request for continuance must explain the reason for the requested continuance and confirm that the requesting party has conferred with opposing counsel or self-represented party, if any, and indicate what the position is of such counsel or party regarding the request. A request for continuance that is not granted is deemed denied.
Page 18 | Rule 3.170(c)
Participating in discovery facilitation does not automatically extend the deadline to file a motion to compel; parties must stipulate in writing to toll the deadline to a specific later date.
Participating in discovery facilitation will not automatically extend the deadline to file a motion to compel further discovery response as specified in the California Code of Civil Procedure. If the parties wish to extend the time to file a discovery motion, they may use this stipulation (see below) to toll the deadline until a specific later date to which the party seeking discovery and the party responding to discovery have agreed in writing, pursuant to the California Code of the Civil Procedure.
Page 3 | Discovery facilitation stipulation
A party needing to present documents, witnesses, or cross-examine witnesses at a telephone hearing is responsible for requesting a continuance.
I understand that if I need to present documents, present witnesses, cross-examine witnesses, or provide information that is not available at the hearing, it is my responsibility to ask the court to continue the hearing.
Page 2 | Advisement Regarding Telephone Appearance
Parties with an appointed private judge may defer a status conference by filing a stipulation and proposed order using Local Form ALA-FL056.
appointed private judge, they may file a stipulation and proposed order to defer a status conference using Stipulation and Order to Defer Status Conference (ALA-FL056).
Page 11 | Rule 5.26
Written stipulations extending discovery motion deadlines are encouraged to accommodate an informal discovery conference.
Parties are encouraged to stipulate in writing to extend any deadline for filing a discovery motion if needed to accommodate an IDC.
Page 8 | Rule 3.31(2)
Chambers Communication Rules
Parties planning in-person appearances must email the assigned department and notify all parties by the pretrial conference or, if none, five court days before the hearing.
Any party who intends to appear in person at any hearing must inform all parties and others entitled to notice and must email the assigned department no later than the pretrial conference, if any, or, if there is no pretrial conference, no later than five court days before the hearing.
Page 19 | Rule 1.90(b)(1)(D)
Ex parte contact with the expert is permitted, but any written communication with the expert must be copied to the other party at the same time.
The expert may contact any party or attorney on an ex parte basis. In the event that an attorney for any party, or any party, communicates with the expert in writing, a copy of the communication must be provided to the other party at the same time.
Page 2 | 5. Communication
The completed and signed stipulation form must be emailed to the ADR program at adrprogram@alameda.courts.ca.gov.
E-mail the completed and signed form to the Alternative Dispute Resolution (“ADR”) program at the following address: adrprogram@alameda.courts.ca.gov
Page 1 | INSTRUCTIONS
No ex parte communication with the MEDIATOR is permitted absent stipulation, except to schedule appointments, coordinate collateral contacts, or as required by law.
Absent written stipulation of the parties, there shall be no ex parte communication between the MEDIATOR and any party or between the MEDIATOR and any attorney of record in this action, except to schedule appointments, coordinate collateral contacts, or as required or permitted by law.
Page 1 | 3. EX PARTE COMMUNICATION
The mediator must immediately notify the Court in writing of any dangerous situation, which may be done ex parte.
The MEDIATOR shall provide the Court with immediate written notice if at any time during the mediation a situation arises that is immediately dangerous to the minor child or to any party, family member, child, attorney, judge or mental health professional involved in this action. Such notification may be made on an ex parte basis, and may be accompanied by an application for ex parte relief.
Page 3 | 9. ADDITIONAL ORDERS
The parties must promptly advise the court if the expert is unable or unwilling to accept the appointment.
The parties must promptly advise the court if the expert is unable or unwilling to accept the appointment.
Page 3 | 11. Duty of parties is expert is unavailable
The expert must give each party written notice at least two business days before contacting the court about a dispute.
Prior to initiating such contact with the court, the expert must give written notice to each party at least two business d ays prior to contacting the court of the nature of the dispute and the expert’s intention to notify the
Page 3 | 6. Disputes
The expert must notify the court and the parties in writing of the facts supporting withdrawal.
a. The expert may withdraw at any time as a result of the failure of a party to comply with the terms of this order or at any time the expert determines that the expert cannot complete the assignment. The expert must notify the court and the parties in writin g of the facts that form the basis of the need
Page 3 | 9. Withdrawal of the expert
The Court will not answer self-represented defendants' questions about procedure, applicable law, or how to proceed.
I further understand that the Court will not answer any questions I have concerning how I should proceed, what law might apply, or what is the correct procedure.
Page 3 | Dangers and Disadvantages to Self-Representation
Parties who have appeared before the conference must meet and confer in person or by telephone as required by CRC rule 3.724.
Meet and confer, in person or by telephone as required by Cal. Rules of Court, rule 3.724
Page 1 | ORDERS
Parties may appear at case management conferences by telephone through CourtCall; they must contact CourtCall at least three business days before the conference, and the vendor charges for the service.
You may be able to appear at Case Management Conferences by telephone. Contact CourtCall, an independent vendor, at least three business days before the scheduled conference. Call 1-888-882-6878, or fax a service request to (888)882-2946. The vendor charges for this service.
Page 2 | ORDERS
Non-probate requests to appear remotely are submitted by email to the assigned department, due no later than five court days before the hearing, or orally at the hearing.
With the exception of Probate matters, requests or agreements to appear in court may be made by emailing the assigned department no later than five court days before the hearing or orally at any hearing.
Page 19 | Rule 1.90(b)(2)(B)
The expert must notify the court and the parties in writing of the facts forming the basis for withdrawing.
a. The expert may withdraw at any time as a result of the failure of a party to comply with the terms of this order or at any time the expert determines that the expert cannot complete the assignment. The expert must notify the court and the parties in writin g of the facts that form the basis of the need
Page 3 | 9. Withdrawal of the expert
The expert must give each party at least two business days written notice before contacting the court about a dispute.
b. Prior to initiating such contact with the court, the expert must give written notice to each party at least two b usiness days prior to contacting the court of the nature of the dispute and the expert’s intention to notify
Page 3 | 6. Disputes
The parties must promptly advise the court if the expert is unable or unwilling to accept the appointment.
The parties must promptly advise the court if the expert is unable or unwilling to accept the appointment.
Page 3 | 11. Duty of parties is expert is unavailable
Expert contact with the court is made by letter, telephone conference call, declaration, or motion as ordered.
Contact by the expert with the court will be by letter, by telephone conference call, by declaration, or by motion filed b y the expert as the court
Page 3 | 6. Disputes
Written public comments on the proposed rule amendments must be submitted to the court's Public Comments office, including by email.
Comments must be submitted in writing to: Public Comments Superior Court of California, County of Alameda 1225 Fallon Street, Room 209 Oakland, CA 94612 E-mail: pcomments@alameda.courts.ca.gov
Page 1 | Invitation to Comment on Proposed Amendments to Local Rules and Forms
The expert's contact with the court must be by letter, telephone conference call, declaration, or motion as the court orders.
Contact by the expert with the court will be by letter, by telephone conference call, by declaration, or by motion filed b y the expert as the court
Page 3 | 6. Disputes
The expert may contact the court to resolve disputes related to the expert's assignment.
The expert may initiate contact with the court to obtain the court's assistance in resolving disputes related to the completion of the expert's assignment, including, but not limited to, the production of documents, the scope of the assignment, scheduling of court appearances, the payment of the expert's fees, access and entrance to property or any issue related to a violation of this order.
Page 3 | 6. Disputes