Alameda Superior Court Document Filing Requirements

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICAL

Applies to

Petition for adoption

The petition must include a verification declaring under penalty of perjury under California law that the foregoing 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.

CRITICAL

Applies to

Declaration regarding notice and delivery

The declaration must be signed under penalty of perjury.

I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct.

CRITICALCivil cases

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).

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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]

CRITICALCivil cases

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).

CRITICAL

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.

CRITICAL

Applies to

Application for continuance

All parties must sign the application for continuance before it is filed with the court.

ALL PARTIES MUST SIGN THIS FORM BEFORE IT IS FILED WITH THE COURT.

CRITICALCivil cases

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.

CRITICAL

Applies to

Declaration regarding notice and delivery

If notice was not given, the declaration must request waiver and specify exception circumstances.

I did not give notice to the other party/ies about this request for temporary emergency orders. I request that the court waive notice to the other party because of the following exception circumstances (check all that apply): (1) To help prevent an immediate danger or irreparable harm to myself (or my client) or to the child(ren) in the case. (2) There is an immediate risk that the child(ren) in the case will be removed from the state of California. (3) To help prevent immediate loss or damage to property subject to disposition in the case. (4) Other exception circumstances (specify): (5) Facts in support of the request to waive notice are (specify):

CRITICALCivil cases

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]

CRITICAL

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.

CRITICALCivil cases

Applies to

Trial notebook

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

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

CRITICAL

Applies to

Stipulation and order to defer status conference

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

CRITICALCourt noticeProposed or draft document; may not be in force

Applies to

Report of personal representative

Losses must be included in the fee calculation and schedules attached, even if the account is waived.

** Losses, if any, must be included in fee calculation and schedules attached, even if account herein is waived.

CRITICALCourt noticeProposed or draft document; may not be in force

Applies to

Application for early evaluation conference

The mandatory application form requires all applicable boxes to be checked and all specified information provided.

INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICAL

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.

CRITICALCivil cases

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 must state who has possession of the assets.

CRITICALCivil cases

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.

CRITICAL

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 permission to authorize a specific course of medical treatment such as surgery, the request must be supported by a completed and legible Recommendation, Certification, and

CRITICAL

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;

CRITICAL

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 paid by each party on account of the other party’s attorney’s fees, expert’s fees, and costs, and the balance due, if any.

CRITICALCivil cases

Applies to

Summary of contested and resolved issues

Must include

page count

A mandatory Summary of Contested and Resolved Issues form must be filed under Local Rule 5.30(c), requiring the parties to identify resolved and contested issues and the number of pages attached.

Form Adopted for Mandatory Use Superior Court of California, County of Alameda SUMMARY OF CONTESTED AND RESOLVED ISSUES Local Rule 5.30(c)

CRITICAL

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 thereon whenever a request for an ex parte order of the same character or for the same relief has been made to the court.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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

CRITICAL

Applies to

Application for reduction to misdemeanor

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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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

CRITICAL

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

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICAL

Applies to

Earning assignment order

A copy of the underlying support judgment or order must be submitted with any proposed earning assignment order.

A copy of the judgment or order for child, partner, spousal, or family support must be submitted with any proposed earning assignment order.