Alameda Superior Court Document Filing Requirements

WARNING

Applies to

Faretta waiver

A defendant wishing to proceed pro per must initial each box on the Faretta waiver form and sign and date the form on page 5.

Fill out this form if you wish to act as your own attorney (also referred to as “pro per”). Initial the box for each item below only if you understand and agree with it, and sign and date the form on page 5.

WARNINGCivil cases

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).

WARNINGCivil cases

Applies to

Petition for final distribution

The petition for final distribution must include a declaration under penalty of perjury that its contents are true and correct.

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

WARNINGCivil cases

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.

WARNINGCivil cases

Applies to

Application and order for minors counsel fees over cap

The application must attach a declaration describing previous billings.

A declaration describing my previous billings is attached.

WARNINGCivil cases

Applies to

Application and order for minors counsel fees over cap

The application must specify the hours of attorney time required and the hourly rate or lump sum.

To perform these services, _________ hours of attorney time are required, at the hourly rate lump sum of $ ______________.

WARNING

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.

WARNING

Applies to

Case management questionnaire

The case management conference questionnaire must include attachments of any case management orders requested.

Please attach all case management orders you request be made.

INFOCivil cases

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.

INFOCivil cases

Applies to

Notice of 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.

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.

INFOCourt noticeProposed or draft document; may not be in force

Applies to

Ex parte petition for final discharge

Filing receipts on distribution and an Ex Parte Petition for Final Discharge and Order (JC Form #DE-295/GC-395) is required for the petitioner's surety bond to be discharged.

Petitioner was ordered to file a bond: Upon the filing of receipts on distribution and Ex Parte Petition for Final Discharge and Order (JC Fform #DE-295/GC-395), the Petitioner’s surety bond will be discharged.

INFO

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.

INFO

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).

INFO

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.

INFO

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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;

WARNINGCivil cases

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

WARNING

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.

WARNING

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.

INFO

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).