Amador Superior Court Document Filing Requirements

CRITICAL

Applies to

Final accounting

The conservator must file a final accounting with the court within 60 days of the conservatee’s death.

Within sixty (60) days of the conservatee’s death, the conservator must file a final accounting with the court.

CRITICALCivil cases

Applies to

Writ of execution or abstract of judgment

A copy of the judgment must be provided to obtain a Writ of Execution or Abstract of Judgment.

A copy of the judgment is required for issuance of Writ of Execution or Abstract of Judgment.

CRITICAL

Applies to

Judgment form

Unless costs have already been awarded in a specific amount, the judgment form must leave a blank for costs using the stated wording.

C. Unless costs have already been awarded in a specific amount, leave a blank space for insertion of any costs, as follows: "...and costs in the sum of $ ."

CRITICAL

Applies to

Guardian ad litem appointment petition

A petition to appoint a Guardian Ad Litem for a minor or incompetent person must be submitted to the clerk.

Petitions for appointment of a Guardian Ad Litem for a minor or incompetent person shall be submitted to the clerk.

CRITICAL

Applies to

FIN-031 Attorney Claim Form

FIN-031 Attorney Claim Form 11/2016 x

FIN-031 Attorney Claim Form 11/2016 x

CRITICAL

Applies to

Judgment form

The judgment form must use the parties’ names as they appear in the pleadings unless an order amends the pleadings’ names.

B. Refer to such full names as they appear in the pleadings, or obtain an order amending the pleadings in respect to such names.

CRITICAL

Applies to

Income expense declaration

Supporting wage and income documents, including the specified pay stubs and W-2 form, must be attached to the party's Income and Expense Declaration.

Documents supporting each party's wages, income, and other matters set forth in the Income and Expense Declaration, such as a copy of the three (3) most recent pay stubs representing at least one full month's wages and deductions and a W-2 form shall be attached to the Income and Expense Declaration filed by the party.

CRITICAL

Applies to

Case management conference statement

Parties or their counsel must file a Case Management Conference Statement before each conference, unless the court orders otherwise; failure to file timely may result in an Order to Show Cause and sanctions.

All parties or their counsel of record shall file with the courts, a Case Management Conference Statement (Judicial Council Form CM-110) at least fifteen (15) days prior to the Case Management Conference. Failure to submit a timely Case Management Conference Statement will result in the issuance of an Order to Show Cause and sanctions may be imposed, pursuant to Local Rule 8.06. A new Case Management Conference Statement is required prior to each Case Management Conference, unless otherwise ordered by the court.

CRITICALCivil cases

Applies to

Unlawful detainer supplemental cover sheet

The Unlawful Detainer Supplemental Cover Sheet, UD-101, is identified as mandatory due to Covid-19.

UD-101: Mandatory due to Covid-19

CRITICAL

Applies to

Petition to approve compromise

A petition for court approval of a compromise under the listed statutes must use Judicial Council Form MC-350 and comply with the specified California Rules of Court.

A petition for court approval of a compromise pursuant to Code of Civil Procedure section 372, Probate Code section 2504, or Probate Code section 3500, shall be made using Judicial Council Form MC-350, Petition to Approve Compromise of Claim and shall comply with rules 3.1384, 7.950 and 7.950.5 of the California Rules of Court.

CRITICAL

Applies to

CIV-134 Order on Ex Parte Application for Stay of Execution in eviction cases

CIV-134 Order on Ex Parte Application for Stay of Execution in eviction cases 3/2017 x

CIV-134 Order on Ex Parte Application for Stay of Execution in eviction cases 3/2017 x

CRITICAL

Applies to

Default judgment by affidavit

A party requesting default judgment by affidavit under Code of Civil Procedure section 585(d) must comply with Rule 3.1800 of the Rules of Court.

If a default judgment is requested by affidavit pursuant to Code of Civil Procedure section 585(d), the requesting party shall comply with rule 3.1800 of the Rules of Court.

CRITICAL

Applies to

Statement of issues

If neither party timely files the Statement of Issues, the case may not proceed to trial, but a court-assisted settlement conference remains available.

If both parties fail to timely file a Statement of Issues the matter shall not be permitted to proceed to trial; however, a court assisted settlement conference shall remain available.

CRITICAL

Applies to

Mediation agreement

The mediator must prepare any mediation agreement, have the parties sign it, provide it to the court, and provide copies to counsel.

The mediator shall prepare and have the parties sign any agreement reached through mediation. This agreement is provided to the court and copies provided to counsel, pursuant to section 3186, subdivision (b) of the Family Code.

CRITICAL

Applies to

JVDP-032 Request for Referral to Juvenile Court Mediation

JVDP-032 Request for Referral to Juvenile Court Mediation 3/2017 x

JVDP-032 Request for Referral to Juvenile Court Mediation 3/2017 x

CRITICAL

Applies to

Blocked account withdrawal request

A request to withdraw funds from a blocked account must use Judicial Council Form MC-357.

Requests for withdrawal of funds deposited into a blocked account must be made using Judicial Council Form MC-357, Petition For Withdrawal of Funds From Blocked Account.

CRITICAL

Applies to

Petition to approve compromise

All petitioners must also submit a completed Judicial Council Form MC-351.

All Petitioners shall also submit a completed Judicial Council Form MC-351, Order Approving Compromise of Claim.

CRITICAL

Applies to

Evaluation report

The evaluator must provide the court a written report and recommendation addressing custody, visitation, and/or a proposed parenting plan.

The evaluator will interview the parents and the children and will provide the court with a written report and recommendation on the issue of custody, visitation and/or a proposed parenting plan.

CRITICAL

Applies to

Record filed under seal

A record may not be filed under seal unless the court has issued an order.

A record must not be filed under seal without a court order.

CRITICAL

Applies to

Copy in lieu of lost original

Filing a copy in place of a lost original pleading or paper requires an authorizing order, which may be based on a declaration from the requesting attorney or self-represented party or on the clerk’s certificate.

If an original pleading or paper previously filed with the court is lost, an order authorizing the filing of a copy in lieu of the original is required, and may be based upon declaration of the requesting attorney or pro per party, or the certificate of the clerk.

CRITICAL

Applies to

Judgment

The court-directed party must prepare the judgment according to the court’s decision and submit it to opposing counsel with a signature space and the specified approval legend.

(a) The party directed by the court shall prepare the judgment in accordance with the court's decision and shall submit it to the opposing counsel with a place for the latter's signature under the legend "Approved As Conforming To Court Order."

CRITICAL

Applies to

Notice of settlement

A trial or mandatory settlement conference date will not be vacated, and a case will not be dropped from the civil active list, until the court receives written Notice of Settlement.

No trial or mandatory settlement conference date will be vacated and no action will be dropped from the civil active list until the court receives written Notice of Settlement.

CRITICALCourt notice

Applies to

Remote appearance notice

In most cases, you must notify the court and all other parties that you intend to appear remotely using form RA-010.

In most cases, you must notify the court and all other parties that you intend to appear remotely using form RA-010.

CRITICAL

Applies to

Proposed judgment

When minor children are involved, the judgment must include the specified custody and visitation attachment or an agreement containing the same information.

Where there are minor children, a Child Custody and Visitation Order Attachment (Form FL 341, 341(A), (B), (C), or (D), as appropriate or a written agreement containing the same information shall be attached to the Judgment.

CRITICAL

Applies to

JVDP-032 Request for Referral to Juvenile Court Mediation

JVDP-032 Request for Referral to Juvenile Court Mediation 3/2017 x

JVDP-032 Request for Referral to Juvenile Court Mediation 3/2017 x

CRITICAL

Applies to

CRIM-026 Petition for Dismissal, Change of Plea, Modification or Reduction

CRIM-026 Petition for Dismissal, Change of Plea, Modification or Reduction 09/2008 x

CRIM-026 Petition for Dismissal, Change of Plea, Modification or Reduction 09/2008 x

CRITICAL

Applies to

Request for default

File completed Forms FL-150 and FL-160 and proposed judgment Form FL-180 when filing the Request for Default.

A completed Income and Expense Declaration (FL-150) and Property Declaration (FL-160) and proposed Judgment (FL-180) shall be filed when the Request for Default is filed.

CRITICAL

Applies to

Case intake sheet

A Case Intake Sheet must be submitted with the complaint in each civil and family law matter.

In each civil and family law matter, a Case Intake Sheet must be submitted with the complaint.

CRITICAL

Applies to

Online verification form

After watching the video, prospective conservators must complete and submit the online verification form to the court before the conservator-petition hearing.

After watching the video, prospective conservators must complete the online verification form and submit it to the court prior to the hearing on the conservator petition.

CRITICAL

Applies to

Inventory and appraisal

Successor conservators and guardians must file an Inventory and Appraisal of the estate within 90 days of appointment.

Successor conservators and guardians shall file an Inventory and Appraisal of the estate within 90 days of the date of appointment.

CRITICAL

Applies to

Notice of motion or demurrer

The notice for every noticed motion and demurrer in a civil matter must include the specified tentative-ruling and appearance instructions.

All noticed motions and demurrers in civil matters shall include the following information in the notice: "Pursuant to Local Rule 4.03, the court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing. To receive the tentative ruling, call (209) 257-2603 or visit the Court’s website, www.amadorcourt.org. If you intend to appear and contest the tentative ruling, you must notify the court and opposing counsel of such intent by telephone no later than 4:00 p.m. on the court day preceding the hearing. If you do not provide proper notice to the court and the opposing party no hearing will be held."

CRITICAL

Applies to

Casa referral objection

An objection must be a brief written statement explaining why the referral is inappropriate without discussing the litigation’s subject matter; its basis is not confidential.

Any objections to the referral must be in a brief written statement as to why the referral is not appropriate, without discussing the subject matter of the litigation. The basis for an objection will not be treated as confidential.

CRITICAL

Applies to

Notice of death

The conservator must file a notice of death with a copy of the conservatee’s death certificate attached.

Within thirty (30) days of the death of the conservatee, the conservator must file a notice of death of the conservatee with a copy of the conservatee’s death certificate attached

CRITICAL

Applies to

Proposed judgment submission

The court submission after lack of approval must include a cover letter explaining the lack of approval.

(b) If the opposing party does not so approve within twenty (20) days, the preparing party shall send the order to the court with a cover letter explaining why it was submitted without such approval and a proof of service of the letter and proposed order on the opposing party.

CRITICAL

Applies to

Petition for blocked account deposit

A petitioner seeking to deposit settlement proceeds into a blocked account must also file a completed Judicial Council Form MC-355.

If the petition seeks to have settlement proceeds deposited into a blocked account, the petitioner must also file a completed Judicial Council Form MC-355, Order to Deposit Money Into Blocked Account.

CRITICAL

Applies to

Ex parte application

An applicant for ex parte orders must complete local form FCS004 and Judicial Council Forms FL-300 and FL-305.

An applicant for ex parte orders is required to complete local form FCS004, Declaration in Support of Ex Parte Application and Order, and Mandatory Judicial Council Forms FL-300 and FL-305.

CRITICAL

Applies to

Request or motion submitted on pleadings

A separate order must accompany each request for a continuance, extension of time, or other motion submitted on the pleadings.

All requests for continuances, extensions of time, and other motions submitted on the pleadings, including in habeas corpus matters, shall be accompanied by a separate order and served on all parties according to the applicable rules and statutes.

CRITICAL

Applies to

CIV-139 Request for Discovery Conference

CIV-139 Request for Discovery Conference 1/2018 x

CIV-139 Request for Discovery Conference 1/2018 x

CRITICAL

Applies to

Judgment

If a party receives public assistance benefits for a minor child, the judgment must direct child-support payments to the Central Sierra Child Support Agency.

If a party is receiving public assistance benefits for a minor child, the judgment shall require the child support to be paid to the Central Sierra Child Support Agency in compliance with Civil Code section 4702.

CRITICAL

Applies to

Small claims case initiation

A small claims case is commenced by filing the Plaintiff’s Claim and Order to Go to Small Claims Court and having the clerk schedule a hearing date.

A small claims case is commenced by the filing of a Plaintiff’s Claim and Order to Go to Small Claims Court and the scheduling by the clerk of a hearing date.

CRITICAL

Applies to

Judicial council forms

Judicial Council forms must be used in every proceeding when applicable.

In every proceeding, Judicial Council forms shall be used when applicable.

CRITICAL

Applies to

Habeas corpus petition

A habeas corpus petition must be prepared as specified by the California Rules of Court and filed with the Clerk.

All petitions for writ of habeas corpus shall be prepared as specified by the California Rules of Court and filed with the Clerk.

CRITICAL

Applies to

Proof of payment

Proof of court reporter fee payment must be presented to the reporter at the hearing.

Proof of payment shall be presented to the Court Reporter at the time of the hearing.

CRITICAL

Applies to

Income and expense declaration

Every Income and Expense Declaration must estimate the opposing party’s income if known and be fully completed in the specified support or unresolved financial-request circumstances.

Every Income and Expense Declaration shall include the best estimate of the opposing party's income, if known, and shall be fully completed if the case involves child support or spousal support, whether or not an agreement in writing has been reached by the parties, or if there is any request for attorney's fees, costs, or payment of other obligations which has not been resolved by written agreement of the parties.

CRITICAL

Applies to

CRIM-237 Application for Resentencing and Reduction

CRIM-237 Application for Resentencing and Reduction 11/2014 x

CRIM-237 Application for Resentencing and Reduction 11/2014 x

CRITICAL

Applies to

Uncontested matter where respondent has appeared

An uncontested matter where the respondent has appeared requires the documents described in sections 13.14.A and 13.14.B, provided the first appearance fee has been paid, waived, or is excused by active military duty.

All documents as described in 13.14.A and 13.14.B (provided that Respondent has paid the first appearance filing fee or it has been waived or Respondent is currently on active duty in the military).

CRITICAL

Applies to

Uncontested matter with written agreement

For an uncontested matter with a written agreement, the parties must file the three listed forms in addition to those required by section 13.14.A.

In addition to the forms required in 13.14.A., the parties shall file Respondent’s Declaration Regarding Service of Declaration of Disclosure, (FL-141), a Stipulation and Waiver of Final Declaration of Disclosure (FL- 144) and an Appearance, Stipulations and Waivers (FL- 130).

CRITICAL

Applies to

Child support case registry form

Complete Form FL 191 whenever child support has been ordered.

A Child Support Case Registry form (FL 191) shall be completed whenever child support has been ordered.

CRITICAL

Applies to

Initial application

Initial applications for Ancillary Defense Expenses must be submitted by ex parte motion to the clerk and accompanied by the specified financial statement or equivalent declaration and a required supporting declaration.

All initial applications for the authorization of Ancillary Defense Expenses shall be submitted by ex parte motion to the clerk of the court for review by the Presiding Judge or his/her designee. The application shall be accompanied by: (1) a completed and signed Defendant's Financial Statement – Local Form CRIM-230 OR a Declaration signed under penalty of perjury, which includes all of the information requested in CRIM-230; and (2) a declaration with the information described in subdivision A below.

CRITICAL

Applies to

Attorney fee application

A party claiming attorney's fees above the amounts allowed by the rule must apply to the court and support the application with declarations stating the factual basis for the claimed fees.

In any case where a party claims fees in excess of those allowed by this rule, application for attorney fees shall be made to the court, supported by declarations setting forth the factual basis for the claimed attorney fees.