Alameda Superior Court Document Filing Requirements

WARNINGCivil cases

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.

WARNING

Applies to

Declaration regarding notice and delivery

The declaration must state whether the party believes the other party will oppose the request.

I do believe do not believe the other party/ies will oppose this request for temporary emergency orders.

WARNINGCivil cases

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.

WARNINGCivil cases

Applies to

Statement of case

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 upon 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.

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 upon 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.

WARNINGCivil cases

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;

WARNING

Applies to

Declaration regarding notice and delivery

The declaration must state the declarant's role (attorney for petitioner, respondent, claimant, or other).

I am the attorney for the petitioner respondent claimant other (specify):

WARNINGCivil cases

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.

WARNING

Applies to

Declaration regarding notice and delivery

If documents were not delivered, the declaration must specify exceptional circumstances.

documents were not delivered to the other party/ies because of the following exceptional circumstances (specify facts in support of the request to waive delivery of the documents):

WARNING

Applies to

Privilege log

A party claiming privilege must bring privilege logs to the facilitation conference and provide copies to the facilitator and opposing party before the conference if possible.

If privilege is the basis for objection to requested discovery, the party who claims the privilege must bring privilege logs to the facilitation conference and, if possible, provide a copy to the facilitator and to the opposing party before the conference.

WARNINGCivil cases

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.

WARNINGCivil cases

Applies to

Ex parte petition for final discharge

The surety bond will be discharged upon the filing of receipts on distribution and an Ex Parte Petition for Final Discharge and Order (JC Form #DE-295).

Petitioner was ordered to file a bond: Upon the filing of receipts on distribution and Ex Parte Petition for Final Discharge and Order (JC Form #DE-295), the Petitioner's surety bond will be discharged.

WARNING

Applies to

Pre conference briefing

The moving party's pre-conference briefing must include a short summary of the dispute and specify the relief requested.

The moving party’s pre-conference briefing must include a short summary of the dispute and specify the relief requested.

WARNINGCivil cases

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.

WARNING

Applies to

Declaration regarding notice and delivery

If notice was given, the declaration must specify the person notified, the method of notice, and the time of notice.

I gave notice of the request for temporary emergency orders. (1) I told the following person the date and time I would file the request for emergency orders and the specific emergency orders I am seeking: ... (2) I gave notice by the following method: ... (3) The time I gave notice: ...

WARNINGCriminal cases

Applies to

Plea attachment

The defendant must sign the form acknowledging they have read and understood all information on the two pages.

I have read and I understand all of the information on these two pages.

WARNING

Applies to

Declaration regarding notice and delivery

The declaration must describe the nature of the emergency order requested.

Describe the nature of the emergency order you are requesting:

WARNING

Applies to

Settlement conference statement

Parties must submit Settlement Conference Statements in compliance with Local Rules.

The parties will comply with Local Rules regarding the submission of Settlement Conference Statements.

WARNINGCivil cases

Applies to

Supplemental accounting

A supplemental accounting is required prior to discharge if the account is not waived and the amount withheld exceeds $5,000.

If the account herein is not waived and the amount withheld is more than $5,000, a supplemental accounting for the amount withheld will be required prior to the discharge of the personal representative.

WARNINGCivil cases

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.

WARNINGCriminal cases

Applies to

Plea form

When an interpreter is used, the interpreter must certify under oath that they truly translated the plea form and attachments to the defendant in the stated language and that the defendant initialed and signed the form.

I, , having been duly sworn or having a written oath on file, certify that I truly translated this form (check if applicable) and all other attachments, to the defendant in the language noted below. The defendant initialed and signed the form(s).

WARNING

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:

WARNINGCivil cases

Applies to

Application and order for minors counsel fees over cap

The application must specify the additional services needed to represent the minor.

In order to represent the minor(s) properly, the following additional services are needed (specify):

WARNINGCourt noticeProposed or draft document; may not be in force

Applies to

Fee declaration

A Fee Declaration must accompany requests for payment of extraordinary fees, submitted with the petition or prior to the hearing.

Petitioner requests payment of extraordinary fees in the amount of $____________________. A Fee Declaration is submitted herewith will be submitted prior to the hearing.

WARNING

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.

WARNINGCivil cases

Applies to

New job notice

The new-job notice must include employer name, address, phone, job title, salary/wages, and a copy of any offer letter, hiring letter, and/or employment agreement unless the employer prohibits it.

Your notice must include the name, address, and telephone number of your employer, your job title and salary/wages, and a copy of any offer letter, hiring letter, and/or employment agreement unless providing a copy is specifically prohibited by the employer.

WARNINGCivil cases

Applies to

Reappraisal for sale

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

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

WARNINGCriminal cases

Applies to

Plea form

The defense attorney of record must certify on the plea form that they reviewed the rights and plea with the client, discussed the offense elements, defenses and consequences (including immigration), and concur that the plea is knowing, intelligent and voluntary.

I am the attorney of record for the defendant. I have gone over this form with my client, explained his or her rights, and answered all of my client’s questions regarding this plea. I have discussed the facts of this case with my client, including the elements of the offense(s) charged and any possible defenses and consequences of a plea of guilty or no contest, including immigration consequences if applicable. I concur in my client’s decision to waive his or her rights and enter this plea, and believe that my client is doing so knowingly, intelligently, and voluntarily.

WARNING

Applies to

Notice of discovery facilitator selection

All applicable boxes on the notice must be completed and required information provided.

All applicable boxes must be completed, and the specified information must be provided.

WARNINGCivil cases

Applies to

Statutory fee calculation

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. (Cal. Rules of Court, rule 7.550(b)(6))

WARNING

Applies to

Funds request

Requests to the Court for defense funds require a showing of good cause and the keeping and presentation of receipts for purchases made with granted funds.

I understand that if I wish to ask the Court for funds to be used in my defense, I will have to show good cause. I will be required to keep and show the Court receipts for anything I have purchased with the money granted to me.

WARNING

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.

WARNINGCivil cases

Applies to

Asset listing

Attachment 31 must list all assets on hand, including street address, legal description and APN for real property, specific dollar amounts for cash, and complete descriptions of each security/stock.

All assets on hand at the end of the report period are listed in Attachment 31, including street address, legal description & APN for real property; specific dollar amounts for cash; and complete description of each individual security/stock, if applicable, in compliance with California Rules of Court, rule 7.651.

WARNINGCivil cases

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.

WARNINGCivil cases

Applies to

Extraordinary fee request

A Fee Declaration must be submitted with the petition or prior to the hearing for extraordinary fees.

of $____________________. A Fee Declaration is submitted herewith will be submitted prior to the hearing.

WARNINGCivil cases

Applies to

Ex parte petition for final discharge

The surety bond is discharged upon filing receipts on distribution and an Ex Parte Petition for Final Discharge and Order (JC Form #DE-295).

Petitioner was ordered to file a bond: Upon the filing of receipts on distribution and Ex Parte Petition for Final Discharge and Order (JC Form #DE-295), the Petitioner's surety bond will be discharged.

WARNINGCourt noticeProposed or draft document; may not be in force

Applies to

Attachment

Attachment 312 must list all assets on hand with detailed descriptions, including APN/address and legal description for real property, specific dollar amounts for cash, and complete descriptions of each security or stock.

All assets on hand at the end of the report period are listed in Attachment 312, including street address, legal description & Assessor's Parcel Number APN for real property; specific dollar amounts for cash; and complete description of each individual security/stock, if applicable, in compliance with California Rules of Court, rule 7.651.

WARNINGCivil cases

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.

WARNING

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.

WARNINGCivil cases

Applies to

Petition to appoint conservator

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.

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.

WARNINGCourt noticeProposed or draft document; may not be in force

Applies to

Supplemental accounting

If more than $5,000 is withheld and the account is not waived, a supplemental accounting for the amount withheld is required before the discharge of the personal representative.

Note: If the account herein is not waived and the amount withheld is more than $5,000, a supplemental accounting for the amount withheld will be required prior to the discharge of the personal representative.

WARNINGCivil cases

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.

WARNING

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.

WARNINGCivil cases

Applies to

Statutory fee calculation

Losses must be included in the fee calculation with 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.

WARNING

Applies to

Notice of discovery facilitator selection

The notice must include a certification that all parties complied with the instructions and agree with the facilitator selection.

I, , certify that all counsel and parties to this matter have complied with the above-listed instructions and agree with the selection of this facilitator.

WARNINGCivil cases

Applies to

Petition for sale of securities

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.

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.

WARNING

Applies to

Case management conference questionnaire

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

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

WARNING

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.

WARNING

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.

WARNING

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.

WARNINGCourt noticeProposed or draft document; may not be in force

Applies to

Final distribution petition

The Report of Personal Representative & Petition for Final Distribution must include a verification declaring under penalty of perjury that the petition is true and correct.

VERIFICATION Verification of Pleading (Code of Civil ProcedureCode Civ. Proc. section, § 446) Declaration under Penalty of Perjury Form (Code of Civil ProcedureCode Civ. Proc., sections §§ 446, 2015.5) I, (Name) , declare: I am the (capacity) in the above-entitled matter. I have read the foregoing Petition and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein stated on information and belief, and, as to those matters, I believe it to be true. Executed on , 20___, at (County, State). I declare under penalty of perjury under the laws of the State of California that the