Amador Superior Court Document Filing Requirements

CRITICAL

Applies to

Child support case registry form

Form FL 191 must be lodged with the court after judgment is entered.

After entry of Judgment, a Child Support Case Registry Form (form FL 191) shall be lodged with the court.

CRITICAL

Applies to

Notice of settlement

Except for conditional settlements, a Notice of Settlement must use Judicial Council Form CM-200, after which the action is scheduled for dismissal on the court’s own motion.

With the exception of conditional settlements, as defined in California Rules of Court, rule 3.1385, upon receipt of a Notice of Settlement, using the mandatory Judicial Council Form CM-200, the action will be scheduled for dismissal on the court’s own motion.

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

Media coverage order

A copy of the media-coverage approval order must be presented to the Bailiff before coverage begins.

A copy of the order approving media coverage must be presented to the Bailiff, stationed at the entrance of the courthouse, prior to any coverage commencing.

CRITICAL

Applies to

Judgment form

The judicial form must state the full names of the parties to the judgment and their capacities.

Judicial form, which shall: A. Clearly show the full names of the parties for whom, and against whom, the judgment is rendered, including their capacities as plaintiffs, defendants, cross- complainants and cross-defendants.

CRITICAL

Applies to

Competency certification

Appointed attorneys who believe they meet the competency standards must submit a Certification of Competency.

Each appointed attorney of record for a party to a dependency matter pending before the Court on the effective date of these rules, who believes he or she meets the minimum standards of competency shall complete and submit to the Court, within 30 days of the effective date of these rules, a Certification of Competency.

CRITICAL

Applies to

Proposed judgment

When attorney’s fees and costs are at issue, the judgment must include Form FL 346 or similar language.

Where attorney’s fees and costs are an issue, an Attorney Fees and Costs Order Attachment (form FL 346) or similar language shall be included in the Judgment.

CRITICAL

Applies to

Trial by declaration

A defendant electing trial by declaration must file a written declaration under penalty of perjury within the time specified in the courtesy notice.

The defendant shall then file his or her written declaration or declarations under penalty of perjury within the time specified in the courtesy notice.

CRITICAL

Applies to

Drop box filing

A party using the drop box must include a copy to be conformed and a self-addressed stamped envelope for its return.

The party depositing the document shall include a copy of the document to be conformed and a self-addressed stamped envelope for return of the conformed copy.

CRITICAL

Applies to

Mediator selection notification

The agreed mediator must be reported to the court in writing using the court’s Stipulation to Mediator Form.

the court with written notification of their agreed mediator by using the court’s Stipulation to Mediator Form, which is located on the court’s website.

CRITICAL

Applies to

Family or juvenile court order

An order permitting contact between a restrained person and their children must provide for the children's safe exchange.

Any order permitting contact between the restrained person and his or her children shall provide for the safe exchange of the children.

CRITICAL

Applies to

Order appointing court investigator

When filing a petition for appointment of a conservator, the petitioner must also file form GC-330 for the Court’s review and approval.

Upon filing a Petition for Appointment of Conservator, the petitioner is required to file an Order Appointing Court Investigator (form GC-330) for the Court’s review and approval.

CRITICAL

Applies to

Income and expense declaration

Except as excused by law, each side must complete current required Income and Expense Declarations before a case can be heard; they are current if completed within the past three months and no facts have changed.

Except as excused by law, no case shall be heard unless current Income and Expense Declarations as required by rules 5.260(a) and 5.427(d)(2) of the California Rules of Court (forms FL-150 or FL-155 and FL-160) have been completed by each side. Note: “Current” means the Income and Expense Declaration has been completed within the past three months providing no facts have changed. (Rule 5.260(a)(3).)

CRITICAL

Applies to

At issue memorandum

The party filing an at-issue memorandum must ensure that a response has been filed first.

It shall be the responsibility of the party filing the At-Issue Memorandum to insure that a response has been filed before filing the At-Issue Memorandum.

CRITICAL

Applies to

Income and expense and property forms and declarations

Income and expense and property forms and declarations must use the specified forms, be dated where specified, and be completed as directed.

Income and Expense and Property Forms and Declarations shall be on Forms FL-150 or FL-155 and FL-160, shall be dated where specified, and shall be completed as follows:

CRITICAL

Applies to

Finding and order after hearing

The party directed to prepare the Finding and Order After Hearing must comply with rule 3.1312 of the Rules of Court.

The party directed to prepare the “Finding and Order After Hearing” (Judicial Council Form FL-340) shall do so in compliance with rule 3.1312 of the Rules of Court.

CRITICAL

Applies to

Written agreement

The respondent’s signature on the written agreement must be notarized.

The Respondent’s signature on the written agreement shall be notarized

CRITICALCivil cases

Applies to

Case intake form

Parties filing a new civil case must complete all available identifying information for all parties on the Case Intake Form and submit it when filing.

Amador Rule of Court 11.20 requires parties filing new civil cases to complete all identifying information available to them regarding all parties to the case, and submit the form at the time of filing.

CRITICAL

Applies to

Written objection

Any objection to the proposed order must be explained with specificity and submitted to the court in writing.

If the opposing party does not explain his/her objection with specificity in writing to the court within fifteen (15) days of the date of service by the preparing party, the court will sign the submitted order.

CRITICAL

Applies to

Notice of joinder

A notice of joinder must specifically explain the basis for the other party’s requested relief and how that basis applies to the joining party.

The notice of joinder must include a specific showing of the basis for the relief sought by the other party and how it applies to the joining party.

CRITICAL

Applies to

Probable cause declaration

When a person is booked into the county jail other than pursuant to an arrest warrant, the arresting agency must present a probable-cause declaration on a court-approved form.

Upon the booking of any person into the county jail, other than pursuant to an arrest warrant, the arresting agency shall present a declaration to a judge establishing probable cause for the detention. The declaration shall be on a form approved by the court.

CRITICAL

Applies to

Proposed judgment

When parties stipulate in writing to judgment, the proposed judgment to be signed and filed must be a separate document, although a copy may be incorporated by reference or attached as an exhibit to the stipulation.

If the parties enter into a written stipulation for judgment, the form of the proposed judgment to be signed and filed shall be a separate document; however, a copy of the proposed judgment may be incorporated into the stipulation by reference, or attached as an exhibit to the stipulation.

CRITICAL

Applies to

Property declaration

For community assets or joint obligations not resolved by written agreement, state their value in the Property Declaration and prove it at the hearing.

If there are community assets or joint obligations not disposed of by written agreement of the parties, the value of the assets or obligations must be set forth in the Property Declaration and must be proved at the hearing.

CRITICAL

Applies to

Motion

A motion to compel discovery must include a declaration stating the failure to comply with the informal request and identifying the items not disclosed.

A formal motion for an order to compel discovery shall be supported by a declaration stating facts showing a failure by the opposing party to comply with the informal request for discovery. The declaration shall specify in particular those items not disclosed in response to any informal request for discovery.

CRITICAL

Applies to

FIN-022 Mediator's Claim Form

FIN-022 Mediator's Claim Form 10/2010 x

FIN-022 Mediator's Claim Form 10/2010 x

CRITICAL

Applies to

Trial de novo request

A request for a trial de novo must be made in writing to the clerk.

In the event the defendant is dissatisfied with a decision of the court in a proceeding pursuant to this rule, the defendant shall, within ten (10) days of the mailing of the clerk's notice of the court's decision, notify the clerk in writing, of a request for a trial de novo;

CRITICAL

Applies to

Default or uncontested hearing form

If testimony is required, the moving party must file the court-provided form for setting the default or uncontested matter for hearing.

If testimony is required, the moving party must apply to the clerk for a hearing date and file the form provided by the court for setting default or uncontested matters for hearing.

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

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

CIV-133, Ex Parte Application for Stay of Execution of Judgment, is marked mandatory in the local forms list.

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

CRITICAL

Applies to

Temporary child support stipulation

For cases involving public assistance recipients, the stipulation must bear the agency attorney’s signature and have a child support calculation printout attached.

In cases involving recipients of public assistance, the signature of the attorney for Central Sierra Child Support Agency must appear on the stipulation. A printout of the child support calculation shall be attached to the stipulation.

CRITICAL

Applies to

Ex parte application

An Ex Parte Application must explain why proper notice was not provided when 24 hours’ notice was not given.

If twenty-four (24) hours notice is not given, an explanation why proper notice was not provided must be included in the Ex Parte Application.

CRITICALCivil cases

Applies to

Forms marked with asterisk

Forms marked with an asterisk are mandatory; all other forms are optional.

Please Note: * indicates a Mandatory form, all other forms are optional.

CRITICAL

Applies to

Statement requesting official reporter services

A party requesting an official reporter for trial or another hearing must file a request statement at least seven court days beforehand.

Any party requiring the services of the official reporter for trial or any other hearing shall file a statement with the court requesting those services at least seven (7) court days prior to the trial or hearing.

CRITICAL

Applies to

Uncontested dissolution or legal separation

An uncontested matter where the respondent has not appeared must also include all relevant documents described in section 13.14.A.

All relevant documents described in 13.14.A.

CRITICAL

Applies to

Trial motion

In felony and misdemeanor cases, the specified trial motions must be written and include a supporting memorandum unless the court orders otherwise.

In felony and misdemeanor cases, unless otherwise ordered by the court, all motions in limine, any extraordinary or complex trial motions, and any motions requiring live testimony shall be made in writing with a supporting memorandum of points and authorities.

CRITICAL

Applies to

Declaration supporting motion to exempt case from program

Said declarations shall be signed by the attorney, if any, and the moving party, except for good cause shown by declaration of the attorney, setting forth facts establishing the unavailability of the moving party. The mere fact a party resides out of county will not, standing alone, constitute good cause.

Said declarations shall be signed by the attorney, if any, and the moving party, except for good cause shown by declaration of the attorney, setting forth facts establishing the unavailability of the moving party. The mere fact a party resides out of county will not, standing alone, constitute good cause.

CRITICALCivil cases

Applies to

Notice of change of address

Use Judicial Council Form MC-040, Notice of Change of Address, to notify the Court of an address change.

Use the – JUDICIAL COUNCIL FORM MC-040 NOTICE OF CHANGE OF ADDRESS

CRITICAL

Applies to

At issue memorandum

The at-issue memorandum shall be filed before any contested case may be set for trial. However, this shall not apply to post-judgment motions, which may be set for long cause hearing by stipulation or court order. It shall be the responsibility of the party filing the At-Issue Memorandum to insure that a response has been filed before filing the At-Issue Memorandum. Alternatively, matters may be set for trial at a Family Law Case Management Conference. In those cases, an at-issue memorandum is not required.

The at-issue memorandum shall be filed before any contested case may be set for trial. However, this shall not apply to post-judgment motions, which may be set for long cause hearing by stipulation or court order. It shall be the responsibility of the party filing the At-Issue Memorandum to insure that a response has been filed before filing the At-Issue Memorandum. Alternatively, matters may be set for trial at a Family Law Case Management Conference. In those cases, an at-issue memorandum is not required.

CRITICAL

Applies to

CRIM-240 Proof of Service on Resentencing

The CRIM-240 Proof of Service on Resentencing is marked mandatory.

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

CRITICAL

Applies to

Stipulation modifying child support order

Stipulations modifying child support orders must conform to Family Code section 4065.

Stipulations for modification of child support orders shall conform to the requirements of Family Code section 4065.

CRITICAL

Applies to

Family or juvenile court order

An order permitting contact between a restrained person and their children must not contain printed or handwritten language that violates a criminal court no-contact order.

Any order permitting contact between the restrained person and his or her children shall not contain language, either printed or handwritten, that violates a “no contact order” issued by the criminal court.

CRITICAL

Applies to

Order

Orders submitted to the court must comply with Family Code section 4200.

All orders submitted to the court shall comply with Family Code section 4200.

CRITICAL

Applies to

Arbitration hearing notice

Within fifteen days after appointment, the arbitrator must give each party and the clerk written notice of the hearing’s date, time, and place.

Within fifteen (15) days after the appointment, the arbitrator shall notify each party and the clerk in writing of the date, time, and place of hearing.

CRITICAL

Applies to

Income and expense declaration

A party receiving public assistance benefits must disclose that fact in Item No. 1 of the Income and Expense Declaration.

That fact shall be disclosed in Item No. 1 of the Income and Expense Declaration;

CRITICAL

Applies to

Ancillary defense expense declaration

Applications for Ancillary Defense Expenses must include a declaration describing the offense or relevant facts, case status, purpose and necessity of the requested services, and provider and expense details.

A. Required Declaration. All applications for Ancillary Defense Expenses shall be supported by a declaration setting forth: 1. a summary of the circumstances of the charged offense or facts that demonstrates why the funding of Ancillary Defense Expenses is necessary in the interests of justice; 2. the status of the case; 3. the specific purpose for the funds, including the nature of the services to be rendered and an explanation why those services are reasonably necessary for the defense of the case; and 4. the name and title of each appointed service provider (investigator, expert, or other) for whom funds are being sought, the hourly rate and maximum amount expected to be charged for the service, travel-related expenses other than mileage, and any other special expenses.

CRITICAL

Applies to

Uncontested dissolution or legal separation

An uncontested matter where the respondent has not appeared must include the petitioner’s Form FL-141 declaration.

Petitioner’s Declaration Regarding Service of Declaration of Disclosure (FL-141).

CRITICAL

Applies to

Judgment

Unless the parties agree otherwise and the court approves, a judgment must state any spousal-support amount and the specified payment-duration language, unless otherwise ordered or stipulated.

Except as otherwise agreed between the parties and subject to the approval of the court: 2. Spousal Support. All judgments shall state the amount of spousal support, if any, and shall state, “payable until the remarriage of the recipient spouse, the death of either party or further order of the court,” unless otherwise ordered or stipulated.

CRITICAL

Applies to

Judgment

Unless the parties agree otherwise and the court approves, a child-support judgment must state each child’s name, date of birth, and support amount, along with the specified duration language.

Except as otherwise agreed between the parties and subject to the approval of the court: 1. Child Support - Amount and Duration. All judgments providing child support shall state the name, date of birth, and amount of support for each child and shall state, "child support payments shall continue until further order of court, or until the child marries, dies, is emancipated, reaches age 19, or reaches age 18 and is not a full-time non-self-supporting high school student, whichever occurs first.

CRITICAL

Applies to

Notice of appeal

A party appealing a Labor Commissioner order, decision, or award must file with the Clerk copies of the complaint and any answer, the decision materials including a hearing summary and reasons, and a declaration proving service of the Notice of Appeal on the Labor Commissioner.

Any party filing a Notice of Appeal of the order, decision or award of the Labor Commissioner, pursuant to Labor Code section 98.2, shall file with the Clerk of the Court: 1. A copy of the complaint and any answer filed with the Labor Commissioner; and 2. A copy of the order, decision or award of the Labor Commissioner, which shall include a summary of the hearing and the reasons for the decision; and 3. A declaration of proof of service of a copy of the Notice of Appeal upon the Labor Commissioner.

CRITICAL

Applies to

Proposed judgment

A judgment that includes spousal support must include Form FL 343 or similar language.

Where spousal support is included in the Judgment, a Spousal, Partner, or Family Support Order Attachment (form FL 343) or similar language shall be included in the Judgment.