Alameda Superior Court Document Filing Requirements

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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 or 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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCriminal cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICAL

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.

CRITICALCourt noticeProposed or draft document; may not be in force

Applies to

Application for early evaluation conference

The application must include a declaration under penalty of perjury that the statement 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

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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICAL

Applies to

Request for case resolution conference

Must include

certificate of service

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

CRITICAL

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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICALCivil cases

Applies to

Case management statement

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.)

CRITICALCivil cases

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).

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICALCourt noticeProposed or draft document; may not be in force

Applies to

Report of personal representative

Schedules must be attached when receipts or gains are included in the statutory fee calculation.

* If including receipts or gains in fee calculation, schedules must be attached. (California Cal. Rules of Court, rule 7.550(b)(6))

CRITICALCivil cases

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.

CRITICALCourt noticeProposed or draft document; may not be in force

Applies to

Application for early evaluation conference

The application must include a list of each violation alleged that the defendant intends to cure and/or disputes.

Defendant has attached hereto a list of each violation alleged in the operative complaint or cross-complaint that Defendant intends to cure and/or a list of each alleged violation that Defendant disputes.

CRITICALCivil cases

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 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 guardian or the processing of any documents related to a guardian; (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 guardian or any processing of any documents related to a guardian; (5) Whether the 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).

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

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.

WARNING

Applies to

Financial documents

When financial issues are to be decided, the party must timely file and serve the Income and Expense Declaration (FL-150) or Financial Statement (Simplified) (FL-155), pay stubs from the last two months or other proof of income, and the proposed guideline support calculation (optional unless required).

If there are financial issues to be decided, I understand that it is my responsibility to timely file with the court and serv e on the other party or parties all necessary and appropriate pleadings and documents, including: a. Income and Expense Declaration (form FL-150) or Financial Statement (Simplified) (form FL-155), whichever is appropriate. b. My pay stubs from the last two months or other proof of income. c. The proposed guideline support calculation (optional unless required by local court rule or court order in this

WARNINGCivil cases

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.

WARNING

Applies to

Declaration regarding notice and delivery

If unable to give notice despite best efforts, the declaration must specify the efforts made.

I did not give notice to the other party/ies about this request for emergency orders because I was unable to do so despite my best efforts. The efforts I made to notify the other party/ies were (specify):

WARNING

Applies to

Application for access

The application must include a declaration under penalty of perjury that the information is true and correct.

I declare that the information in this application is true and correct and make this declaration under penalty of perjury under the laws of the State of California.

WARNING

Applies to

Application for access

Form ALA JV-003 is adopted for mandatory use for applications for access to juvenile court records.

Form Adopted for Mandatory Use Superior Court of California, County of Alameda ALA JV-003 [Rev. January 1, 2008] DECLARATION AND APPLICATION FOR ACCESS TO JUVENILE COURT RECORDS

WARNING

Applies to

Declaration regarding notice and delivery

The declaration must state to whom and how the documents were delivered.

Delivery of documents. a. The Request for Order (form FL-300) for temporary emergency orders, the Temporary Emergency Orders (form FL-305) and all related documents were delivered to: ... b. I gave the documents by the following method: ...

WARNINGCriminal cases

Applies to

Prosecuting attorney statement

The prosecuting attorney's statement on reduction of charges must state the facts showing alcohol/drug involvement, the reason for the reduction, and the facts leading to that conclusion.

The following facts show that the consumption of an alcoholic beverage and/or ingestion or administration of drugs was involved in the offense(s) charged in this case: The reason(s) for the reduction of the charges involved in this case are as follows: Problems of Proof Another Offense is More Properly Charged Interest of Justice The facts which lead to this conclusion are these:

WARNING

Applies to

Income expense declaration

When financial issues are to be decided, a current Income and Expense Declaration (FL-150) or Financial Statement (Simplified) (FL-155) must be filed and served on all parties with the telephone appearance request.

If there are financial issues to be decided, a current Income and Expense Declaration (Judicial Council form FL-150) or a Financial Statement (Simplified) (Judicial Council form FL-155) has been filed and served on all parties along with the request or response to the application to appear by telephone.

WARNINGCivil cases

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]

WARNINGCivil cases

Applies to

Accounting

If a reserve exceeding $10,000 is withheld, an accounting of the reserve is required prior to discharge.

Withhold no reserve a reserve in the amount of i. $__________, equal to or less than $10,000.00. ii. $__________, more than $10,000.00: An accounting of the reserve will be required prior

WARNING

Applies to

Declaration regarding notice and delivery

The declaration must state whether notice was given to opposing parties.

Was notice of this application for emergency order given to the opposing parties? YES NO.

WARNING

Applies to

Declaration regarding notice and delivery

The declaration must state whether the same orders have been requested before.

I have have not requested the same orders from the court in the past.

WARNINGCivil cases

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.

WARNINGCivil cases

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 rebuttal, must be personally served upon 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 scheduled 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.