Alameda Superior Court Document Filing Requirements

Applies to

Ex parte application

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).

Applies to

Notice of 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.

Applies to

Petition for probate

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.

Applies to

Spousal or domestic partner property petition

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.

Applies to

Spousal or domestic partner property petition

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.

Applies to

Petition for conservatorship of estate or appointment of trustee

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.

Applies to

Petition to approve compromise of disputed claim

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.

Applies to

Petition for appointment of out of state personal representative

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.

Applies to

Reappraisal for sale

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.

Applies to

Reappraisal

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.

Applies to

Petition

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.

Applies to

Decree of distribution

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.

Applies to

Verified 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.

Applies to

Summary of account

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.

Applies to

Account and report

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.

Applies to

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.

Applies to

Request for extraordinary compensation

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.

Applies to

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.

Applies to

Trustee first 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.

Applies to

Trustee account

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.

Applies to

Inventory

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.

Applies to

Guardianship accounting report

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).

Applies to

Guardian application for use of estate funds

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.

Applies to

Petition for authority to expend funds

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.

Applies to

Petition for compensation

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.

Applies to

Citation

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.

Applies to

General plan

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

Applies to

Inventory

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.

Applies to

Bond

The court will not waive bond for an individual conservator of a conservatorship estate.

The court will not waive bond for an individual conservator of a conservatorship estate.

Applies to

Petition to appoint conservator

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.

Applies to

Ex parte application

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.

Applies to

Motion

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.

Applies to

Declaration of unresolved issues

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.

Applies to

Application for continuance

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.

Applies to

Joint application for continuance

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.

Applies to

Status conference questionnaire

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

Applies to

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.

Applies to

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.

Applies to

Settlement conference statement

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.

Applies to

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.

Applies to

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.

Applies to

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.

Applies to

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.

Applies to

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.

Applies to

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.

Applies to

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.

Applies to

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.

Applies to

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.

Applies to

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.

Applies to

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.

Applies to

Judgment

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.

Applies to

Support judgment

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.

Applies to

Child support information and order attachment

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.

Applies to

Non guideline child support findings attachment

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.

Applies to

Earning assignment order

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.

Applies to

Ex parte application

Ex parte applications that do not include a statement explaining whether parties were notified will be summarily denied.

An ex parte application lacking a statement explaining whether the parties were notified will be summarily denied.

Applies to

Ex parte application

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;

Applies to

Ex parte application

The ex parte request must state whether the minor, parents or legal guardians, or attorneys refused to consent, including grounds for refusal if known.

An indication of whether the minor, the parents or legal guardians of the minor, or their attorneys refused to work with any head of state legal guardian or the minor, or their attorneys refused to agree to the proposal that is the subject of the ex parte request including the grounds for the person's refusal, if known;

Applies to

Ex parte application

The ex parte application must fully disclose all prior requests for the same relief and the court's action on them.

A full disclosure of any prior requests and the court's action of this type whenever a request for an ex parte order of the same character or for the same relief has been made to the court.

Applies to

Ex parte medical authorization request

Medical authorization requests by social workers or probation officers must be supported by a completed and legible Recommendation, Certification, and related form.

When a social worker or probation officer seeks to authorize a specific course of medical treatment such as surgery, the request must be supported by a completed and legible Recommendation, Certification, and ...

Applies to

De facto parent application

De facto parent status requires a written application on the mandatory Judicial Council form.

De facto parent status will be granted by the court only upon written application on the mandatory Judicial Council form.

Applies to

Petition

Must include

certificate of service

Welfare and Institutions Code section 388 petitions must state the department and date of the next scheduled hearing and be accompanied by a proof of service.

The petition must include the department in which the next scheduled court hearing is calendared and the date of the hearing. The petition must be accompanied by a proof of service showing that a copy of the petition has been

Applies to

Restraining order

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.

Applies to

Protective order

Family, juvenile, and probate court orders that address transfers of legal time for minor children must ensure the specific manner and location.

Any order of the family, juvenile, or probate court that permits contact between the restricted person and other parties or the minor, and each party's children must make reference to the time, place, and manner in which contact is to be made.

Applies to

Protective order

An order permitting contact must not contain language conflicting with a criminal protective order.

Such an order shall not contain language that conflicts with a criminal protective order.

Applies to

Exhibit index

Counsel and self-represented parties must prepare an index of all trial exhibits, excluding impeachment/rebuttal exhibits, and submit it with one extra copy to the courtroom clerk.

Each counsel, and any self-represented party, must prepare an index of all exhibits to be offered at trial, other than those to be used for impeachment or rebuttal, 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.

Applies to

Motion in limine

Failure to file and serve a motion in limine objecting to an exhibit may waive all objections to that exhibit at trial.

Failure to file and serve a motion in limine objecting to an exhibit may waive all objections to that exhibit at trial.

Applies to

Motion in limine

Legal grounds for objecting to discovery-excerpt submissions must be raised by pretrial motion in limine.

Legal grounds for objections to such excerpts must be raised by motion in limine pursuant to subdivision (e).

Applies to

Motion in limine

Objections to audio or video presentations or transcripts must be raised by motion in limine.

Objections to any audio or video presentation or transcripts must be raised in a motion in limine pursuant to subdivision (e).

Applies to

Subsequent documents

Must include

judge name

After a case is assigned to a Direct Calendar Judge, all subsequent documents must state on the face page beneath the case number that the case is assigned for all purposes to the named judge and department.

After a case assigned to a Direct Calendar Judge is assigned, all subsequent documents must state on the face page, under the case number, the following: ASSIGNED FOR ALL PURPOSES TO: JUDGE [insert name] DEPARTMENT [insert number]

Applies to

All subsequent documents

After assignment, all subsequent documents must state the assigned judge and department on the face page under the case number.

After a case is assigned, all subsequent documents must state on the face page, under the case number, the following: ASSIGNED FOR ALL PURPOSES TO: JUDGE [insert name] DEPARTMENT [insert number]

Applies to

Administrative record

The administrative record must include resolutions, the Draft/Final EIR, comments and responses, staff reports, hearing transcripts, and all other record materials.

All resolutions or ordinances adopted by the lead agency approving the project or required by law; The Draft or revised Draft Environmental Impact Report and initial study; The comments received on and the responses to those comments prepared for the Draft Environmental Impact Report or Negative Declaration, including any modification of the environmental documents and project made after the comment period; The remainder of the Final Environmental Impact Report, including all appendices and other materials; The staff reports prepared for the approving bodies of the lead agency; Transcripts or minutes of all hearings; and The remainder of the administrative record.

Applies to

Statement of issues

The statement of issues must identify the portions of the administrative record directly related to the contentions and issues remaining in controversy.

The statement of issues must identify those portions of the administrative record that are directly related to the contentions and issues remaining in controversy.

Applies to

Trial notebook

Petitioner must prepare a trial notebook to be filed with the designated CEQA department 14 days before the hearing or at the time the Reply Brief is filed.

Petitioner must prepare a trial notebook that must be filed with the designated CEQA department 14 days before the date of the hearing or at the time the Reply Brief is filed

Applies to

Ex parte application

Ex parte applications for stays of execution must include a declaration showing 24-hour advance notice to opposing counsel, facts necessitating ex parte relief, and good cause for the stay.

Ex parte applications for stays of execution or other extraordinary relief in unlawful detainer matters must be accompanied by a declaration showing each of the following: (1) Opposing counsel (or, if there is none of record, the opposing party) has been notified at least 24 hours in advance by telephone or in person of the time of the application. (2) The facts that necessitate proceeding ex parte. (3) The facts that constitute good cause for a stay of execution.

Applies to

Request for trial de novo

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.

Applies to

Extraordinary fee claim

Attorneys seeking extraordinary fees must submit a written declaration with an itemized statement of services rendered.

An attorney seeking fees in excess of the fees stated above must submit a written declaration with an itemized statement of services rendered to substantiate any claim for extraordinary fees.

Applies to

Ex parte application

To add a matter to a full calendar, an ex parte application must be submitted to the court; only emergency situations will be considered for special placement.

An ex parte application must be submitted to the court to add any matter on a calendar that is full. Only emergency situations will be considered for such special placement.

Applies to

Petition

Must include

proposed order

To qualify for pre-grant status, all supporting documents and a proposed order must be submitted at least two days before the scheduled hearing.

To qualify for “pre-grant” status, all supporting documents and a proposed order must be submitted at least two days before the scheduled hearing.

Applies to

Reappraisal for sale

The reappraisal for sale must include specified information immediately after the legal description of the real property (contents not provided in this excerpt).

The following information should be inserted in the reappraisal for sale immediately after the legal description of the real property:

Applies to

Petition

The extraordinary cost amounts must be set forth in an attachment to the petition.

The amounts described in the preceding subdivision must be set forth in an attachment to the petition.

Applies to

Petition for sale of securities

A petition to sell unlisted securities must set forth a minimum price based on a recent market quotation, or the basis for fixing the minimum price if no quotation is available.

If securities to be sold are not listed on an established stock or bond exchange, they may be sold at a minimum price per share or bond, based on a recent market quotation, as set forth in the petition. The market quotation may be obtained from financial publications or from securities brokers. If such securities are closely held, or there are no recent market quotations available, the petition should set forth the basis for fixing the minimum sales price, for example by reference to the Inventory and Appraisal value.

Applies to

Final account waiver

The court generally will not approve a ward's waiver of the final account unless the ward is present at the hearing and competent to answer the court's questions.

The court ordinarily will not approve a ward's waiver of the final account unless the ward is present at the time of hearing and competent to answer questions by the court.

Applies to

Report accompanying account

Reports accompanying conservatorship accounts must include the conservatee's address, explanations regarding income-producing property, and disclosures of transactions involving court employees, related persons, and entities in which the conservator has a financial or family interest.

In addition to the contents required by Probate Code section 1064, the report accompanying an account must contain the following: (1) The present address of the conservatee; (2) If income-producing property is inventoried in the conservatorship and the account fails to indicate that 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 duties or responsibilities related to the appointment of a conservator or the processing of any documents related to a conservator; (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 or responsibilities related to the appointment of a conservator or any processing of any documents related to a conservator; (5) Whether the conservator, 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 conservator has sold, leased, or rented any real or personal property to any person with whom the conservator has a family or affiliate relationship as defined in Probate Code section 2359, subdivision (c)(2) and Probate Code section 2403, subdivision (c)(2).

Applies to

Status report

Conservators must submit a status report in all conservatorship matters at the time and in the form directed by the Court Investigator's Office.

The conservator must submit a status report in all conservatorship matters of the person or person and estate at the time and in the form directed by the Court Investigator's Office.

Applies to

Petition to appoint conservator

Petitioners must disclose by separate declaration any pending or concluded proceedings in any jurisdiction that affect the ward or conservatee.

The petitioner must disclose, by separate declaration, any proceedings, pending or concluded in Alameda County or any other jurisdiction, where orders have been issued or are sought to be issued which in any way affect the ward or conservatee that is the subject of the proceedings in Alameda County.

Applies to

Emergency order application

Parties may use Local Form ALA FL-010 to provide the required declaration regarding notice of an application for emergency orders.

Parties may use the Declaration Regarding Notice of Application for Emergency Order (Local Form ALA FL-010) to provide the required declaration regarding notice of an application for emergency orders.

Applies to

Case management conference questionnaire

Parties must use Form ALA FL-041 (Case Management Conference Questionnaire) for the required case status filing.

The parties must use the Case Management Conference Questionnaire (form ALA FL-041).

Applies to

Settlement conference statement

The settlement conference statement must contain summaries of contested/uncontested issues, settlement efforts, statistical facts, child custody/visitation, child support, spousal support, and contested assets.

At all times, a settlement statement that must contain the information set forth below: (1) A summary of all contested and uncontested issues; (2) A statement describing all settlements; (3) statistical facts; (4) child custody and visitation; (5) child support; (6) spousal support; (7) contested assets.

Applies to

Stipulation

To modify family court orders through a new dependency petition, parties may stipulate on the record that the juvenile court bench officer may hear the matter as a family court judge; agreements reached outside a hearing must be executed on the appropriate Judicial Council form, with the judge attaching Local Form ALA JV-004, and the stipulation is filed in the family court action.

The parties and their counsel may agree on the record that the juvenile court bench officer may hear the matter as a family court judge. If an agreement is reached after or outside of a hearing, the parties and their counsel must execute their stipulation on the appropriate Judicial Council form and the juvenile court judge will attach a signed Family Court Stipulation and Order Dismissing Juvenile Court Case (Local Form ALA JV-004). The stipulation will be filed in the family court action and the juvenile dependency petition will be dismissed without prejudice.

Applies to

Application for access

Persons seeking access to juvenile court records must complete Local Form ALA JV-003 and submit it to a juvenile court clerk's office.

Persons seeking access to or photocopies of documents under this rule must complete a Declaration and Application for Access to Juvenile Court Records (Local Form ALA JV-003). The completed form will be kept in the file that is the subject of the Application For Access. The applicant must submit the completed form to the one of the juvenile court clerk's offices.

Applies to

Petition for disclosure

Certain persons may inspect juvenile court records without a court order but must file Petition for Disclosure (JV-570) to obtain photocopies.

The following may inspect or receive oral or written information regarding the contents of juvenile court records without a prior court order, but must file a Petition for Disclosure of Juvenile Court Records (JV-570) to obtain photocopies, 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 the proceeding or purpose for which the records are sought:

Applies to

Notice

Notice to the court may be given by filing a JV-180 form, a declaration, or a signed letter (for non-parties).

Notice to the court may be given by the filing of a Request to Change Court Order (JV-180), by filing a declaration, or, in the case of an individual who is not a party to the action, by sending a signed letter addressed to the court.

Applies to

Notice

The notice must describe the minor's interest, the relevant agency or forum, the nature of the proceedings, and any case number.

The person giving notice shall set forth the nature of the interest or right which needs to be protected or pursued, the name and address, if known, of the administrative agency or judicial forum in which the right or interest may be affected, the nature of the proceedings being contemplated or conducted there, and any case number or other identifying information regarding the proceeding.

Applies to

Notice

The notice must also state, if known, the action believed necessary, whether pro bono or contingency counsel is needed, whether a guardian ad litem should be nominated, whether an agency should be joined, and whether further investigation is needed.

If known to the person giving notice, the notice shall also set forth what action on the child's behalf the person believes is necessary, whether counsel on a pro bono or contingency basis may be necessary or appropriate to take action on behalf of the child in the other forum, whether the nomination of a guardian ad litem to initiate or pursue a proposed action may be appropriate, whether joinder of an administrative agency to the juvenile court proceedings may be appropriate or necessary to protect or pursue the child's interest, and whether further investigation may be necessary.

Applies to

Report

The Probation Department must designate the specific WIC section 707 subdivision relied on in all reports to the court where a 707(b) offense determination is needed.

The Probation Department must designate the specific subdivision of Welfare and Institutions Code section 707 it relies on in all reports to the court in which it is necessary to advise the court whether a section 707(b) offense is involved, including, but not limited to, Intake/Jurisdictional Reports and Disposition reports.

Applies to

Report

A WIC section 241.1 report must contain evidence of notice to the child's dependency attorney and other parties to the dependency action.

Where a dependent is the subject of a delinquency petition, the report required by Welfare and Institutions Code section 241.1 must contain evidence of notice to the child's dependency attorney as well as other parties to the dependency action.

Applies to

Motion in limine

All objections to trial exhibits must be presented by a motion in limine.

All objections to an exhibit must be raised in the form of a motion in limine because

Applies to

Notice

Plaintiff must promptly notify the court in writing if all defendants vacate the property before trial.

The plaintiff must notify the court in writing forthwith if all defendants have ceased possession of the property prior to trial and that possession of the property is therefore no longer an issue.

Applies to

Witness list

The witness list must be presented in triplicate to the courtroom clerk at the pretrial conference or on the first day of trial.

A list of all witnesses, including both expert and non-expert witnesses, to be called at trial, other than those to be called solely for impeachment or in the rebuttal, must be personally served upon the opposing counsel or any self-represented party, three court days before the pretrial conference or three court days before trial if a pretrial conference is not and presented in triplicate to the courtroom clerk at the pretrial conference or on the first day of trial if no pretrial conference is scheduled.

Applies to

Statement of case

Counsel and self-represented parties must meet and confer in advance, then submit an agreed brief non-argumentative statement of the case and damages to the courtroom clerk.

Each counsel, and any self-represented party, must, in advance of the pretrial conference or the first day of trial if no pretrial conference is scheduled, meet and confer for the purpose of agreeing in a brief non-argumentative summary of the factual nature of the case and a brief statement regarding any alleged injuries and damages for submission to the courtroom clerk at the pretrial conference or on the first day of trial if a pretrial conference is not scheduled.

Applies to

Declaration

A party whose claim falls within small claims jurisdiction but was not brought in that court must submit a declaration explaining the specific basis and a copy of the CCP 1033(b)(2) notice.

Where the amount sought is within the jurisdiction of small claims court but the party could not bring the action in that court, a declaration setting for the specific basis for such a claim and a copy of the notice required by CCP 1033(b)(2) must be submitted.

Applies to

All subsequent documents

All subsequent documents in an assigned CEQA case must state the assigned judge and department on the face page under the case number.

After a CEQA case is assigned, all subsequent documents must state on the face page, under the case number, the following: ASSIGNED FOR ALL PURPOSES TO: JUDGE [insert name] DEPARTMENT [insert number]

Applies to

Administrative record

The first volume of the administrative record must include an index listing each paper/record in order with title and volume/page references.

At the beginning of the first volume of the administrative record, there must be an index of each paper or record in the order presented in the record referring to each paper or record by title or description and the volume and page at which it first appears.

Applies to

Administrative record

The administrative record must be organized in a specified order beginning with the Notice of Determination.

The administrative record must be organized in the following order: (1) The Notice of Determination;

Applies to

Trial notebook

The trial notebook must contain the petition, all answers, briefs, motions set for trial, statement of issues, and other agreed documents.

The trial notebook must consist of the petition, all answers, the briefs, any motions set to be heard at trial, the statement of issues, and any other documents agreed upon by the parties.

Applies to

Administrative record collection

Petitioner must prepare two collections of Administrative Record documents: one with each cited page plus the adjacent pages, and one with the entire document or chapter containing each cited page.

Petitioner must prepare two collections of the Administrative Record documents, in cooperation with the responding parties, for the use of the trial judge. The first collection shall contain each page of the Administrative Record cited in any of the parties' briefs including the page before and the page following the cited page in the Administrative Record. The second collection of Administrative Record documents shall include the entire document or the entire chapter of the document containing each page of the Administrative Record cited in any of the briefs.

Applies to

Declaration

Factual matters in the declaration must be stated directly, not on information and belief.

Factual matters must be set forth directly, not on information and belief.

Applies to

Local form

Mandatory local forms must bear the word 'adopted' in the lower left corner of the first page and are marked with an asterisk on the list of local forms.

Local forms adopted for mandatory use bear the word “adopted” in the lower left corner of the first page of each form and are identified as mandatory by an asterisk (*) on the list of local forms published in this appendix.

Applies to

Fee claim

Judges retain complete discretion in awarding attorney fees and may require declarations, itemized statements, and supporting documentation to substantiate fee claims.

A judge retains complete discretion in awarding attorney fees based on the circumstances of the action. A judge may require an attorney to submit a declaration, itemized statement of services, and other supporting documentation to substantiate any claim for attorney fees.

Applies to

Request for status conference

If collaborative law or private mediation fails, or a private judge appointment ends, a party may request a status conference using Local Form ALA-FL057.

If the collaborative law process or private mediation is unsuccessful, or the appointment of private judge is terminated, a party may request a status conference using Request for Status Conference (ALA-FL057).

Applies to

Proposed judgment

The Court encourages, but does not require, use of other applicable Judicial Council Family Law forms in proposed judgments.

The Court encourages use of other applicable Judicial Council Family Law forms in proposed judgments.

Applies to

Stipulation appointment private recommending mediator

To appoint a private recommending mediator, a party must submit Local Form A5A FL-2402 pursuant to the designation.

A stipulation in favor of a private recommending mediator may be made by submission of the Stipulation for Order Appointing Private Child Custody Recommending Mediator (Local Form ALA FL-5-002).

Applies to

Record on appeal

In traffic court appeals, an electronic recording (the original official recording or a court-made copy) may be transmitted to the appellate division as the record upon stipulation of the parties or trial court order.

Upon stipulation of the parties or order of the trial court, an electronic recording may be transmitted to the appellate division as the record of the trial court proceedings. The electronic recording must be the original official electronic recording of the oral proceedings or a copy made by the court. This rule applies only to appeals of traffic court matters.

Applies to

Notice of death

A document titled Notice of Death must be filed with the court upon a party's death.

Rule 3.26 Notice of death. Within ten calendar days of receiving notice of a party’s death, counsel for the deceased party must file a Notice of Death with the court and serve it upon all other parties.

Applies to

Local form

Optional local forms bear the word 'approved' in the lower left corner of the first page.

Optional local forms bear the word “approved” in the lower left corner of the first page.