Amador Superior Court Document Filing Requirements

CRITICAL

Applies to

Settlement conference excusal request

A person required to attend a settlement conference may seek excusal by written request made at least five court days before the conference.

Any person whose attendance at a settlement conference is required by these rules may be excused by the court, on request made in writing not less than five (5) court days before the date set for the settlement conference.

CRITICAL

Applies to

CRIM-240 Proof of Service on Resentencing

CRIM-240, Proof of Service on Resentencing, is marked mandatory in the local forms list.

CRIM-240 Proof of Service on Resentencing 11/2014 x

CRITICAL

Applies to

Casa referral request

A CASA referral request must be submitted to the Court in writing for each child.

A request for CASA Referral must be submitted in writing to the Court for each child referred.

CRITICAL

Applies to

Uncontested dissolution or legal separation

An uncontested matter where the respondent has not appeared must include the listed request and declaration forms.

A Request for Default and Declaration for Default or Uncontested Dissolution or Legal Separation (forms FL-165, FL-180 and FL-190) pursuant California Rules of Court, rules 5.401, 5.402 and 5.405.

CRITICAL

Applies to

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

The CIV-134 Order on Ex Parte Application for Stay of Execution in eviction cases is marked mandatory.

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

CRITICAL

Applies to

Statement of issues

For a long cause hearing, each party must serve and file a statement at least 20 days beforehand identifying each disputed issue and the legal and factual basis for its contentions.

At least twenty (20) days prior to a long cause hearing, the parties shall serve and file a statement setting forth each issue in dispute, and the legal and factual basis in support of the party's contentions as to each disputed issue. (See Statement of Issues, local form FCS-92.) The original of each party's statement shall be filed with the court and copies served on the opposing parties or counsel.

CRITICAL

Applies to

CRIM-238 Response to Application for Resentencing and Reduction

CRIM-238 Response to Application for Resentencing and Reduction 11/2014 x

CRIM-238 Response to Application for Resentencing and Reduction 11/2014 x

CRITICAL

Applies to

Proof of service

Unless previously filed, proofs of service must be filed five (5) court days before the hearing or the matter may be dropped from the law and motion calendar.

Unless previously filed, proofs of service must be filed five (5) court days before the hearing or the matter may be dropped from the law and motion calendar.

CRITICAL

Applies to

Motion to exempt case from program

A motion to exempt a complex case from the program must include a declaration under penalty of perjury detailing why the case cannot be brought to trial within two years.

There shall be filed with said motion a declaration, under penalty of perjury, setting forth in detail the reasons such party believes the case cannot be brought to trial within two years.

CRITICAL

Applies to

JVDP-033 Order on Request for Referral to Juvenile Court Mediation

JVDP-033 Order on Request for Referral to Juvenile Court Mediation 3/2017 x

JVDP-033 Order on Request for Referral to Juvenile Court Mediation 3/2017 x

CRITICAL

Applies to

Stipulation modifying existing order

A stipulation to modify an existing order must be signed by the parties and their attorneys, and a support calculation printout must be attached if the support amount changes.

In any family law matter where a modification is sought by stipulation, the parties and their attorneys must sign the stipulation. If the stipulation changes the amount of support, the parties shall attach a printout of the child support calculation to the stipulation.

CRITICAL

Applies to

Stipulation

Must include

proposed order

All stipulations, including those in habeas corpus matters, must be accompanied by a proposed order.

All stipulations, including those made in habeas corpus matters, must be accompanied by a proposed order.

CRITICAL

Applies to

Juvenile court order

If the advocate’s appointment continues in a family law proceeding after dependency dismissal, the juvenile court order must specify the nature, extent, and duration of the advocate’s duties.

Should the juvenile court dismiss dependency and create family law orders pursuant to Welfare and Institutions Code section 362.4, the advocate’s appointment may be continued in the family law proceeding, in which case the juvenile court order shall set forth the nature, extent, and duration of the advocate’s duties in the family law proceeding.

CRITICAL

Applies to

Judgment

Unless the parties agree otherwise and the court approves, a judgment must describe and divide personal property and debts.

Except as otherwise agreed between the parties and subject to the approval of the court: 4. Personal Property and Debts. All judgments shall contain a description and a division of personal property and debts.

CRITICAL

Applies to

Stipulation modifying custody or support order

Stipulations modifying custody or support orders must disclose whether a party receives public assistance.

Stipulations for modification of custody or support orders shall disclose whether a party is a recipient of public assistance.

CRITICAL

Applies to

FCS-043 Family Law Case Management Statement

FCS-043 Family Law Case Management Statement 9/2012 x

FCS-043 Family Law Case Management Statement 9/2012 x

CRITICAL

Applies to

Arbitrator name rejection

When two or more parties are on a side, they must join in one rejection.

If there are two or more parties on a side, they must join in a single rejection.

CRITICAL

Applies to

Casa court report

When the court has appointed an advocate, the advocate must file findings-and-recommendations reports at least two court days before each formal six-month review hearing.

In any case in which the court has ordered the appointment of an advocate, such advocate shall file reports regarding their findings and recommendations for the child with the court at least two (2) court days before each formal six month review hearing;

CRITICAL

Applies to

FIN-021 Investigator Claim Form

FIN-021 Investigator Claim Form 10/2012 x

FIN-021 Investigator Claim Form 10/2012 x

CRITICAL

Applies to

Income and expense declaration

Complete Item No. 5 of the Income and Expense Declaration whenever a party is represented by counsel and either party requests attorney’s fees or costs.

Item No. 5 of the Income and Expense Declaration form shall be fully completed whenever a party is represented by counsel and attorney's fees or costs are requested by either party.

CRITICAL

Applies to

Temporary child support stipulation

Temporary child support stipulations must comply with Family Code section 4065 and include the specified declaration about assigned support rights and pending public assistance applications.

Stipulations concerning temporary child support orders shall comply with Family Code section 4065 and shall contain a declaration by the parties that the right to support has not been assigned to the county pursuant to Welfare and Institutions Code section11477 and that no public assistance application is pending.

CRITICAL

Applies to

Mediator statement

The mediator’s statement must use Judicial Council Form ADR-100 and report whether mediation ended in full agreement or non-agreement for the entire case or particular parties.

Within ten (10) days of the conclusion of mediation, the mediator shall file a statement on Judicial Council Form ADR-100, advising the court whether the mediation ended in full agreement or non-agreement as to the entire case or as to particular parties in the case.

CRITICAL

Applies to

Family or juvenile court order

A family or juvenile court order must specify the date, time, place, and manner of the child's transfer.

The family and/or juvenile court order shall specify the date, time, place, and manner of transfer of the child, as provided in Family Code section 3100.

CRITICAL

Applies to

Judgment

Unless the parties agree otherwise and the court approves, a judgment must identify affected real-property interests by common legal address or Assessor’s Parcel Number.

Except as otherwise agreed between the parties and subject to the approval of the court: 3. Real Property. All judgments shall contain the common legal address or the Assessor’s Parcel Number (APN) of all interests in real property affected by the court's decision.

CRITICAL

Applies to

FCS-043 Family Law Case Management Statement

FCS-043 Family Law Case Management Statement 9/2012 x

FCS-043 Family Law Case Management Statement 9/2012 x

CRITICAL

Applies to

Sealed materials and container

The materials lodged under seal and the envelope or container lodged with the court must each bear the label “CONDITIONALLY UNDER SEAL.”

The materials to be lodged under seal must be clearly identified as “CONDITIONALLY UNDER SEAL.” The envelope or container lodged with the court must also be labeled “CONDITIONALLY UNDER SEAL.”

CRITICAL

Applies to

Case intake sheet

The defendant must submit a Case Intake Sheet upon filing a responsive pleading.

The defendant shall submit a Case Intake Sheet upon filing a responsive pleading.

CRITICAL

Applies to

Motion for relief from time limits

A motion for relief must be signed by counsel, if any, and the moving party unless counsel establishes the party's unavailability and good cause by a declaration under penalty of perjury.

Any such motion shall be signed by the attorney, if any, and the moving party, except for good cause shown by declaration under penalty of perjury of the attorney, setting forth facts establishing the unavailability of the moving party.

CRITICAL

Applies to

Child support stipulation

If stipulated child support is below statewide guidelines, the parties must complete form FL-350 and attach a printout from an approved child support calculator.

If the parties stipulate to child support and the stipulated amount is below the statewide guidelines, the parties must complete a Stipulation to Establish or Modify Child Support and Order (FL-350). The parties shall attach to the stipulation a computer printout from an approved child support calculator.

CRITICAL

Applies to

Uncontested dissolution or legal separation

An uncontested matter in which the respondent has not appeared must include proof of service of summons.

Proof of Service of Summons.

CRITICAL

Applies to

Proposed judgment

The judgment must have Form FL192 attached.

A Notice of Rights and Responsibilities and Information Sheet on Changing A Child Support Order, Form FL192 shall be attached to the Judgment.

CRITICAL

Applies to

Discovery receipt

When providing discovery, the prosecuting attorney must give defense counsel a written receipt stating the compliance date and a notice about whether an informal defense-discovery request is made.

At the time the prosecuting attorney provides the discovery of items in compliance with subparagraph (A) above, the prosecuting attorney shall provide to defense counsel a written receipt showing the date of compliance and shall include a written notice that either an informal request is made that the defense disclose all materials and information set forth in Penal Code section 1054.3 or that no informal request is being made.

CRITICAL

Applies to

Settlement conference statement

Each party must lodge and serve a written settlement conference statement that conforms to California Rule of Court 3.1380 no later than five court days before the conference.

Each party shall lodge with the court no later than five (5) court days before the conference and serve on the other parties a written statement that conforms to rule 3.1380 of the California Rules of Court.

CRITICAL

Applies to

Guardian ad litem appointment application

When the nominee is a plaintiff with the ward or participated in the events giving rise to the alleged injury, the application ordinarily must include two specified declarations for the nominee to be appointed.

When an application is made for appointment of a Guardian Ad Litem and the nominee for appointment is a plaintiff in the same action with the ward or in some manner was a participant in the transaction or occurrence giving rise to the alleged injury to the ward, the nominee will ordinarily not be appointed unless the application is accompanied by: A. A declaration under penalty of perjury setting forth facts establishing that no other parent, relative, or friend can or will accept the appointment of Guardian Ad Litem for the minor in the action; and B. A declaration under penalty of perjury by the attorney for the nominee stating that the attorney, having investigated the circumstances, has represented to the nominee and represents to the court that there is no conflict of interest between the nominee and the minor if the nominee is appointed the Guardian Ad Litem.

CRITICALCourt notice

Applies to

Evidence

Evidence must be submitted before the scheduled date of the remote appearance.

If you intend to appear remotely, you must also submit and serve your evidence prior to the scheduled date.

CRITICAL

Applies to

Proposed judgment

A judgment with a child support order must use Form FL-342 and include a computer printout of the child support calculation.

In all cases in which the Judgment includes a child support order, a Child Support Information and Order Attachment, Form FL-342 shall be used, along with a computer printout of the child support calculation.

CRITICAL

Applies to

CIV-133 Ex Parte Application for Stay of Execution of Judgment

The CIV-133 Ex Parte Application for Stay of Execution of Judgment is marked mandatory.

CIV-133 Ex Parte Application for Stay of Execution of Judgment 3/2017 x

CRITICAL

Applies to

CRIM-238 Response to Application for Resentencing and Reduction

CRIM-238 Response to Application for Resentencing and Reduction 11/2014 x

CRIM-238 Response to Application for Resentencing and Reduction 11/2014 x

CRITICAL

Applies to

Attorney fee application

An application for attorney's fees exceeding $1,000 must be accompanied by a declaration.

Any application for attorney's fees for an amount in excess of one thousand ($1,000) dollars shall be filed before the default hearing and shall be accompanied by a declaration.

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

Blocked account deposit documents

After approval of a blocked-account deposit, the petitioner must deliver three copies each of the order and Form MC-356 to every depository receiving funds.

If the court approves the deposit into a blocked account, the petitioner must deliver three (3) copies of the order and three (3) copies of Judicial Council Form MC-356, Receipt and Acknowledgment of Order For the Deposit of Money Into Blocked Account, to each depository in which funds are deposited.

CRITICAL

Applies to

Judgment

Attach the written agreement to the judgment, Form FL-190.

the written agreement shall be attached to the Judgment (FL-190).

CRITICAL

Applies to

Judgment

Judgment must be based on Form FL-170 unless the court or petitioner requests a hearing.

Judgment shall be entered on the basis of the Declaration for Default or Uncontested Dissolution or Legal Separation (FL-170), unless the court or the Petitioner requests a hearing.

CRITICAL

Applies to

Judicial council form mc 358

Petitioners must submit a completed Judicial Council Form MC-358.

Petitioners must also submit a completed Judicial Council Form MC-358, Order for Withdrawal of Funds From Blocked Account.

CRITICAL

Applies to

Statement of issues contentions and proposed disposition of the case

In a contested trial, both parties must file and serve the Statement of Issues, Contentions and Proposed Disposition of the Case at least 20 days before trial and, if there is a settlement conference, at least 5 court days before that conference.

Where a matter is set for contested trial, either short or long cause, both parties shall file with the Court and serve a "Statement of Issues, Contentions and Proposed Disposition of the Case" at least twenty (20) days prior to the trial date, and if there is a settlement conference, at least five (5) court days before the settlement conference.

CRITICAL

Applies to

Redacted report

Redacted reports submitted to the court must be accompanied by a declaration attesting that all victims’ and witnesses’ confidential personal information has been effectively redacted.

The redacted copies of these reports provided to the court must be attached to a declaration attesting to the fact that all “confidential personal information” of victims and/or witnesses has been effectively redacted from the reports.

CRITICAL

Applies to

Notice of withdrawal of motion

The withdrawal notice must identify the motion, its hearing date, the withdrawal and whether it is with or without prejudice, and represent that the opposing party was notified.

The moving party shall file with the Court, at least two (2) court days before the motion is to be heard, a notice of withdrawal of motion, which identifies the motion to be heard, the date it is scheduled to be heard, and that the moving party has withdrawn the motion, with or without prejudice. The notice of withdrawal of the motion shall include a representation s/he has notified the opposing party that the moving party has withdrawn the motion, with or without prejudice.

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

Discovery inventory

The party providing discovery must retain a document listing and describing each item provided and the date it was provided.

All discovery material provided to the opposing side, including documents, photographs, audio, or video tape recordings, shall be described and listed in a document to be retained by the party providing the discovery. This document shall also set forth the date each item was provided to the opposing side.

CRITICAL

Applies to

Jury instructions

Unless the court orders otherwise, the parties must submit jury-ready proposed instructions by the Trial Readiness Conference.

Unless otherwise ordered by the court, by no later than the date of the Trial Readiness Conference (TRC), the parties shall submit proposed jury instructions for use in that case in a condition to go to the jury.