Fresno Superior Court Document Filing Requirements

Applies to

Motion to suppress

All motions to suppress must satisfy the filing, notice, and content requirements of Local Rule 3.5.1.

All motions to suppress must comply with the filing, notice, and content requirements of Local Rule 3.5.1.

Applies to

Motion for traverse of search warrant

A motion to traverse a search warrant must be brought under Penal Code section 1538.5.

Make a Penal Code § 1538.5 motion.

Applies to

Motion for traverse of search warrant

A motion to traverse a search warrant must establish standing to challenge the search.

Establish standing to contest the search.

Applies to

Extension request

Must include

proposed order

An extension request must include a separate good-cause declaration, a proposed order, and a completed proposed-orders checklist.

Such request shall include a separate declaration providing good cause for the extension of time, a proposed order and a properly completed checklist for proposed orders form.

Applies to

Default prove up brief

A default-judgment request must include a Default Prove Up Brief summarizing the evidence, requested relief, and necessary legal analysis.

In addition to the items required by California Rules of Court, rule 3.1800(a), the court also requires the submission of a “Default Prove Up Brief” that summarizes the evidence submitted, the relief requested, and provides any necessary legal analysis.

Applies to

Privilege log

When privilege is the basis for withholding documents in discovery, a privilege log must be provided identifying the sending and receiving entities and describing the privileged information sufficiently to explain the privilege basis.

H. Where privilege is a basis for refusal to produce documents, privilege logs must be provided. The privilege log must include an identification of all sending and receiving entities, as well as details of the information sufficient to apprise the opposing party of the basis for the privilege.

Applies to

Case management conference statement

In an initially filed class action, the parties must file a Case Management Conference Statement at least 15 calendar days before the initial conference and address the specified conference matters.

The parties to the action must file a Case Management Conference Statement no later than fifteen (15) calendar days before the initial Case Management Conference, which shall address the following matters, among others:

Applies to

Default judgment

Default prove-ups set for hearing must be supported by written declarations and evidence of exceptional circumstances, with the papers filed no later than 16 calendar days before the hearing.

Default prove ups set for hearing shall be supported by proof by written declaration in accordance with this rule and California Rules of Court, rule 3.1800. Such papers must be filed no later than 16 calendar days prior to the hearing. Evidence of the parties’ exceptional circumstances shall be included with their supporting papers.

Applies to

Request for presence of a court reporter

A party with an active fee waiver must use the mandatory Request for Presence of a Court Reporter form when requesting a court reporter.

The “Request for Presence of a Court Reporter” form is mandatory when a party with an active fee waiver makes a request for an official court reporter to be provided by the Court.

Applies to

Remote appearance request

Must include

proposed order

Civil and family law requests for remote appearances must include proposed order Judicial Council Form RA-020.

All Civil and Family Law requests must include a proposed order (Judicial Council Form RA-020).

Applies to

Notice of settlement

A plaintiff must comply with California Rules of Court rule 3.1385 and provide written notice of settlement using the Notice of Settlement form.

When a case settles, whether by conditional settlement or otherwise, the plaintiff shall comply with Rule 3.1385 of the California Rules of Court. Written notice of settlement shall be given on the Notice of Settlement form, which is available from the Clerk’s Office and on the court’s website.

Applies to

Discovery motion

When reserving a hearing date for a discovery motion, the person setting the motion must tell the clerk whether the motion is exempt from rule 2.1.17, whether the rule was complied with and court permission was granted, or whether the rule does not apply; a party claiming nonapplicability must identify the attorney or self-represented party and provide a brief supporting explanation.

When calling to reserve a hearing date for a discovery motion, the person setting the motion shall provide information regarding compliance with rule 2.1.17. The person setting the motion shall inform the Clerk of one of the following: A. The motion is to compel initial responses and is, therefore, exempt from rule 2.1.17; B. Rule 2.1.17 has been complied with and permission to file the motion has been granted by the Court; or C. Rule 2.1.17 does not apply to the motion being set. Anyone claiming C must provide the name of the attorney or self-represented party making the claim and a brief explanation to support the claim.

Applies to

Settlement conference statement

The settlement conference statement must state that the meet-and-confer requirement was satisfied and describe the results of that conference.

B. The fact of compliance with this rule, and the results of the meet and confer conference shall be set forth in the settlement conference statement.

Applies to

Settlement conference statement

The settlement conference statement must include the information required by California Rules of Court, Rule 3.1380(c), and the additional listed settlement-related information.

In addition to the subject matter required by Rule 3.1380(c) of the California Rules of Court, the settlement conference statement shall contain:

Applies to

In limine motion

In civil cases other than short cause cases, in limine motions and motions for judgment on the pleadings must be written and exchanged, and the court will not hear oral or unexchanged motions absent good cause.

All in limine motions and motions for judgment on the pleadings shall be in writing and exchanged by the parties. The trial court will not hear oral in limine motions or those not exchanged except for good cause shown.

Applies to

Jury instructions

When a jury has been requested, the parties must prepare and exchange proposed jury instructions and prepare a jointly signed neutral statement of the case.

If a jury has been requested, the parties shall prepare and exchange proposed jury instructions and shall prepare a jointly signed neutral statement of the case.

Applies to

Trial brief

When no jury has been requested, the parties must prepare and exchange trial briefs, and the court will not accept unexchanged trial briefs absent good cause.

If a jury has not been requested, the parties shall prepare and exchange trial briefs. The trial court will not accept trial briefs not exchanged except for good cause shown.

Applies to

Trial readiness submission

At the Trial Readiness Hearing, the parties must provide motions in limine, motions for judgment on the pleadings, proposed jury instructions, a joint neutral statement of the case, trial briefs, exhibit lists, and witness lists.

The parties shall provide the Court with the following documents at the Trial Readiness Hearing: motions in limine, motions for judgment on the pleadings, proposed jury instructions, a joint neutral statement of the case, trial briefs, exhibit lists and witness lists.

Applies to

Amended petition

Must include

proposed order

A petitioner renewing a denied compromise claim must file an amended petition with appropriate supporting papers and proposed orders.

If the original petition is denied without prejudice and the petitioner wishes to renew the request, the petitioner must file an amended petition, with appropriate supporting papers and proposed orders.

Applies to

Petition for approval of transfer of structured settlements

A petitioner seeking approval to transfer structured settlement payments under Insurance Code § 10134 et seq. shall include with the petition the specified case information, court files, declarations, communications, and related documents.

The petitioner filing a petition for approval of transfer of any structured settlement payments pursuant to Insurance Code § 10134 et seq. shall include with their petition the following information and documents. 1. The jurisdiction and case number of any other petition by the petitioner seeking approval to purchase any structured settlement payments from the payee; 2. A copy of the entire court file for any prior petition by the petitioner seeking approval for purchase of any structured settlement payments from the payee; 3. A declaration from the payee’s counsel wherein he or she provides the total number of and lists all other petitions (along with their case numbers and court) wherein he or she has represented a payee who attempted to sell payments to the same petitioner; Civil Rules 2-23 ===== PAGE 60 ===== FRESNO COUNTY SUPERIOR COURT 4. A declaration from the payee’s attorney listing any professional, financial, or personal relationship with the petitioner’s employees or petitioner’s counsel, past or present, as well as how counsel first came into contact with the payee if other than by a referral from a bar association as described in the statute; 5. A declaration from the petitioner describing any contacts by its personnel with the payee’s counsel, including copies of each written communication; 6. A declaration from any of petitioner’s personnel having contact with the payee describing all communications, to include any and all documentation of such communications whether on paper or stored electronically; 7. A declaration from petitioner as to any communications it conducted or facilitated with the annuity issuer, owner, or beneficiary, and a copy of all such communications whether on paper or stored electronically; 8. A declaration from petitioner which includes all documents it plans to or has used with regard to the attempted purchase of any structured settlement payments from the payee, including UCC filings. If such documents exist whether on paper or stored electronically, they are to be attached.

Applies to

Petition

A CEQA petition must be accompanied by a Civil Case Cover Sheet with the specified boxes checked and CEQA identified.

A. Civil Case Cover Sheet. When the petition is filed, the Civil Case Cover sheet filed must check the box for Miscellaneous Civil Petitions and “Other petition” (not specified above) and indicate it is a CEQA case.

Applies to

Subsequent documents

Must include

judge name

Every document filed after assignment in a CEQA case must state on its face page, under the case number, the assigned judge and department.

After a CEQA case is assigned, all subsequent documents must state on the face page, under the case number, the following: ASSIGNED FOR ALL PURPOSES TO: JUDGE [insert name] DEPARTMENT [insert number]

Applies to

Preliminary cost notification

The preliminary cost notification must identify anticipated document locations, responsible custodians or contacts, and inspection dates and times, and the agency must supplement it as additional documents are identified.

This preliminary cost notification must state, to the extent then known, the location(s) of the documents anticipated to be incorporated into the administrative record, must designate the contact person(s) responsible for identifying the agency personnel or other person(s) having custody of those documents, and must provide a listing of dates and times when those documents will be made available to petitioner or any party for inspection during normal business hours as the record is being prepared. This preliminary cost notification must be supplemented by the agency from time to time as additional documents are located or determined appropriate to be included in the record.

Applies to

Page limit exemption application

An application to exceed a page limit must be submitted directly to the assigned judge without a hearing under California Rules of Court 3.1207 and Fresno County Local Rule 2.7.2.

Applications to exceed the page limit pursuant to California Rules of Court, rule 3.1113, must be submitted directly to the judge assigned for all purposes without a hearing as provided in accordance with California Rules of Court, rule 3.1207, and the Superior Court of Fresno County, Local Rules, rule 2.7.2.

Applies to

Page limit exemption application

A page-limit exception application must attach the party's Public Resources Code section 21167.8 statement of issues and explain why the argument cannot be made within the stated page limit.

The application to exceed the page limit must attach as an exhibit that party’s statement of issues filed pursuant to Public Resources Code section 21167.8, and state reasons why the argument cannot be made within the stated page limit in A above.

Applies to

Appendix of excerpts

The appendix must include the record documents or pages cited in the filing party’s brief.

the documents or pages of the record of proceedings cited in that party’s brief.

Applies to

Trial notebook

Petitioner must prepare and submit a hard-copy trial notebook when filing the opening brief.

B. Trial Notebook. Petitioner shall prepare a “hard copy” trial notebook that must be submitted when its opening brief is filed.

Applies to

Trial notebook

The trial notebook must contain specified pleadings and briefing documents, motions set for trial, the statement of issues, and any additional documents agreed upon by the parties.

The trial notebook must consist of the petition, all answers, the opening brief, any motions set to be heard at trial, the statement of issues, and any other documents agreed upon by the parties.

Applies to

Appendix of excerpts

Each party filing a brief must prepare a separate hard-copy appendix of excerpts and submit it when the brief is filed.

C. Appendix of Excerpts. The court requires that each party filing a brief prepare and submit a separate “hard copy” appendix of excerpts that contains the documents or pages of the record of proceedings cited in that party’s brief. The appendix shall be submitted when that party’s brief is filed.

Applies to

Emergency petition

An emergency petition must clearly identify the nature of the emergency and the petitioner must inform the Clerk when filing it.

When an emergency situation exists, it is the responsibility of the petitioner to clearly indicate the nature of the emergency in the petition, and to also inform the Clerk at the time the petition is filed.

Applies to

Petition for dismissal

A petition for dismissal under the cited Penal Code sections submitted without a calendared hearing date must include a completed income and expense declaration using Judicial Council form TCR-105A.

Submission of a petition for dismissal, pursuant to Penal Code §§ 1203.4, 1203.4a or 1203.41 without a calendared hearing date will require that the defendant seeking such relief also submit with their petition a completed income and expense declaration, providing the information required on Judicial Council form TCR-105A.

Applies to

Proof of service

Must include

certificate of service

A Juvenile Justice Court petition served by mail or personal delivery must use form PJV-61 as proof of service.

If the petition and proof of current registration were filed in Juvenile Justice Court and were served by mail and/or personal delivery, petitioner is required to use Proof of Service – Juvenile Sex Offender Registration Termination (form PJV-61).

Applies to

Lodged records

Every record submitted for lodging must be clearly identified as a lodged record.

All records submitted for lodging must be clearly identified as such.

Applies to

Motion to suppress evidence or response

Motions to suppress evidence and all responses must comply with Penal Code section 1538.5 and controlling case law.

Motions to suppress evidence and all responses shall comply with Penal Code § 1538.5 and controlling case law.

Applies to

Motion to suppress evidence or response

A party relying on cited documents not already filed with the court must attach a copy of each cited document.

If any factual assertions are based on cited documentation (such as a police report) and this documentation has not previously been filed with the court, the party making those assertions shall attach a copy of the cited document.

Applies to

Additional discovery request

Any discovery beyond reciprocal informal discovery must be sought through a duly filed and noticed written motion complying with applicable statutory requirements and Rule 3.5.1.

Any additional discovery requests must be made in a duly filed and noticed written motion, complying with all statutory requirements applying to such motions and Rule 3.5.1.

Applies to

Motion

Except for specified motions, all non-trial motions must be made in the Designated Department, hearing dates and times must be cleared with that department, and an authorization form for the pre-approved date must accompany the motion.

Except for motions to set aside the indictment or information pursuant to Penal Code § 995 and special hearings on motions to suppress under Penal Code § 1538.5, subdivision (i), where a motion to suppress was made at the preliminary hearing, all motions or other matters not connected directly with trial, including, but not limited to, motions to suppress, to amend the accusatory pleading, for discovery, dismissal, sanctions, interpreters, or substitution of counsel shall be made in the Designated Department. Dates and times for hearings shall be cleared with the individual Designated Department, an authorization form indicating the pre-approved date shall be submitted with the motion.

Applies to

Motion

Every motion must include a notice of motion, the motion, a supporting declaration or affidavit, a memorandum of points and authorities, and the Designated Department approval face sheet.

All motions shall contain a notice of motion, the motion itself, a declaration or affidavit in support thereof, a memorandum of points and authorities, and the face sheet indicating approval by the Designated Department of the dates as required by rule 3.5.1A.

Applies to

Motion

The first page of every motion must state the hearing date, time, department number, and the filing party's estimate of the total hearing time below the motion title.

All motions shall contain, in the area below the Motion Title of the first page of the filing party’s motion, the hearing date, time, and department number, and the filing party’s estimate of the overall time required for the hearing of the matter.

Applies to

Verdict forms

Must include

caption

In civil cases, each party must submit proposed jury verdict forms, with each verdict on a separate form, bearing the case caption, and not identifying the requesting party.

A. In civil cases each party shall submit proposed verdict forms suitable for used by the jury in the pending case. In criminal cases the court may order the prosecution to submit proposed verdict forms, including lesser offenses, suitable for use by the jury in the pending case. Each verdict must be submitted on a separate form, must contain the caption of the case, and must not indicate the party upon whose behalf the verdict is submitted.

Applies to

Motion to suppress

A moving party must attach cited documentation when its factual assertions rely on documents not previously filed with the court.

If factual assertions are based on cited documentation (such as police reports) and this documentation has not previously been filed with the court, the moving party shall attach a copy of the cited document.

Applies to

Motion to suppress supporting papers

Supporting papers must identify preliminary-hearing testimony by volume, when applicable, page, and transcript line.

Where a motion to suppress was made at the preliminary examination, any references in the supporting papers to such testimony shall be identified as to volume number, if more than one volume, and page and line number in the transcript.

Applies to

Notice of motion

A moving party requesting testimony at the hearing must indicate that request on the first page of the notice of motion; otherwise the request is treated as submission on statements of fact and argument.

Where no motion to suppress was made at the preliminary examination and if the moving party requests testimony be received by the court at the hearing, the first page of the notice of motion, or motions, shall so indicate. The failure to so indicate shall be construed by the court as a request by the moving party to submit the matter on the statement or statements of fact and the argument of counsel.

Applies to

Notice of motion

A moving party requesting additional testimony after a preliminary-examination motion must indicate that request on the first page of the notice of motion; otherwise the matter is treated as submitted on prior transcripts and argument.

Where a motion to suppress was made at the preliminary examination and if the moving party requests additional testimony be received by the court at such hearing, the first page of the notice of motion, or motions, shall so indicate. The failure to so indicate shall be construed by the court as a result on the part of the moving party that the matter be submitted on the transcript(s) of prior proceedings and the argument of counsel.

Applies to

Response to motion to suppress

A responding party must attach cited documentation when its factual assertions rely on documents not yet filed with the court.

If factual assertions are based on cited documentation and this documentation has not yet been filed with the court, the responding party shall attach a copy of the cited document.

Applies to

Response to motion to suppress

A responding party intending to present testimony must indicate that intent on the first page of the response; failure may be treated as a waiver of the right to call or recall witnesses.

If the responding party intends to present testimony at the hearing, the first page of the response shall so indicate. Failure to so indicate may be construed by the court as a waiver of any right to call or recall witnesses.

Applies to

Notice of motion

A responding party requesting testimony when no preliminary-hearing motion was made must indicate that request on the first page of the notice of motion; otherwise the request is treated as submission on statements of fact and argument.

Where no motion to suppress was made at the preliminary hearing and if the responding party requests testimony be received by the court at the hearing, the first page of the notice of motion or motions shall so indicate. The failure to so indicate shall be construed by the court as a request by the responding party to submit the matter on the statement or statements of fact and the argument of counsel.

Applies to

Motion for traverse of search warrant

A motion to traverse a search warrant must identify specific false statements or specifically identify allegedly omitted information.

Point to specific portions of the affidavit which contain false information, or demonstrate with specificity what information it is claimed was omitted.

Applies to

Motion for traverse of search warrant

A motion to traverse a search warrant must allege intentional deception or recklessness, not merely negligence or unspecified misconduct.

Allege that the misstatements or omissions were made by the officer/affiant with the intent to deceive, or were made recklessly (i.e., with utter disregard for the truth). Allegations of negligence, or allegations failing to refer to the state of mind of the affiant, are insufficient.

Applies to

Motion for traverse of search warrant

A motion to traverse a search warrant must demonstrate materiality by showing that removing the objectionable language or adding the omissions would leave the affidavit without sufficient probable cause.

Demonstrate that the alleged misstatements or omissions were material. Materiality in this context means that the affidavit with the objectionable language taken out or omissions added would be lacking sufficient probable cause.

Applies to

Motion for traverse of search warrant

A motion to traverse a search warrant must include affidavits or other competent evidence supporting the probable truth of the defense allegations, or satisfactorily explain why such affidavits are absent.

Submit affidavits or other competent evidence demonstrating the probable truth of the defense allegations, or satisfactorily explain the absence of such affidavits.

Applies to

Confidential document

Confidential documents must be designated through the “confidential security group” option in the court’s electronic filing system.

Documents filed as confidential shall be designated as such by selecting the “confidential security group” security option on the filing details prompt in the Court’s electronic system.

Applies to

Notice of remote appearance

Must include

certificate of service

For every remote-appearance hearing, the party must file a Notice of Remote Appearance with either a Declaration of Notice or proof of service.

A Notice of Remote Appearance (form RA- 010), along with the Declaration of Notice or a proof of service, shall be filed for each hearing at which a party intends to appear remotely.

Applies to

Confidential records

Must include

case number

Physically submitted confidential records must have a cover sheet stating the case title, case number, confidentiality basis, and the prescribed confidentiality legend.

When submitting confidential records physically, the filing party must attach a cover sheet stating the case title, case number, and “CONFIDENTIAL [basis] – May Not Be Examined Without Court Order.” The basis must be a citation to or other brief description of the statute, rule of court, case, or other authority that establishes that the record must be closed to inspection in the court proceeding.

Applies to

Lodged records cover sheet

Must include

caption

Records lodged in connection with a motion to seal must be marked “CONDITIONALLY UNDER SEAL” and state that the enclosed record is subject to a sealing motion or application.

b. If lodged in connection with a motion to seal, is marked “CONDITIONALLY UNDER SEAL” and states the enclosed record is subject to a motion or an application to file the record under seal; or

Applies to

Trial lodged records cover sheet

Must include

caption

Records lodged for trial must be marked “LODGED FOR TRIAL [date] [department] – DO NOT FILE.”

c. If lodged for trial, is marked “LODGED FOR TRIAL [date] [department] – DO NOT FILE;” or

Applies to

Lodged records cover sheet

Must include

caption

Records lodged for any other reason must be marked “LODGED RECORD [purpose] – DO NOT FILE,” with a short purpose and any related court date.

d. If lodged for any other reason, is marked “LODGED RECORD [purpose] – DO NOT FILE.” The purpose must be a short description of the reason for lodging the records and any related court date.

Applies to

Lodged records container

Physically lodged materials must have an envelope or container labeled “CONDITIONALLY UNDER SEAL.”

If the materials are submitted physically, the envelope or container lodged with the court must be labeled “CONDITIONALLY UNDER SEAL.”

Applies to

Document preparer identification sheet

A compensated document preparer must provide a separate sheet identifying the preparer, serve it on the opposing party, file it with the court, and identify the preparer in the proof of service.

B. A document preparer who prepares a paper for filing shall print on a separate sheet of paper the preparer’s name, address, telephone number, FAX number and e-mail number, if any. This separate paper identifying the preparer shall be served on the opposing party, filed with the court, and identified in the proof of service.

Applies to

Document preparer identification sheet

An attorney or attorney employee preparing an in pro per filing must provide and file a separate preparer-identification sheet, serve it on the opposing party, and identify the preparer in the proof of service.

C. An attorney, or an employee of an attorney, who prepares a paper for filing as “in pro per” shall print on a separate piece of paper the preparer’s name, address, telephone number, FAX number and e-mail address, if any. This separate paper identifying the preparer shall be served on the opposing party, filed with the court, and identified on the proof of service.

Applies to

Jury instructions

A party modifying a proposed pattern jury instruction must clearly indicate the proposed change.

B. Proposed pattern jury instructions, which have been modified by a party, shall clearly indicate any proposed change.

Applies to

Jury instructions

A party requesting a CALCRIM or CACI instruction containing blanks must complete the blanks with all words needed to adapt the form for the pending case.

C. The party requesting a CALCRIM or CACI instruction which contains one or more blanks shall type in the blank space all the words required to adapt the form for use in the pending case.

Applies to

Sound recording transcript

Each sound-recording transcript must identify its preparer, and a transcript of a non-English recording must include the preparer identification and translator's certification.

D. Each transcript shall identify its preparer. In the event the sound recording is originally in a language other than English, the transcript will identify the preparer and include a certification by the person translating the sound recording from its original language into English. A preparer includes any person who reviewed the transcripts and confirmed its accuracy.

Applies to

Appeal brief

Must include

certificate of service

Every appellate brief must include appropriate points and authorities, clearly identify the issues raised, and include valid proof of service.

All briefs shall include appropriate points and authorities, clear identification of the issue(s) being raised and valid proof of service.

Applies to

Notice of appeal

Must include

local rule certificate

An interlocutory appeal from denial of a Penal Code section 1538.5 motion to suppress must include a declaration certifying compliance with Penal Code section 1510.

A party taking an interlocutory appeal from an order denying a motion to suppress pursuant to Penal Code section 1538.5, shall file with the Notice of Appeal a declaration certifying the appeal complies with Penal Code section 1510.

Applies to

Opening brief

When counsel finds no viable issues for an interlocutory appeal, the opening brief must be filed under People v. Vera.

Where counsel is unable to find viable issues to raise on interlocutory appeal, the opening brief shall be filed pursuant to People v. Vera (2023) 97 Cal.App.5th Supp.10.

Applies to

Proposed order

If the parties disagree about the order, each party must submit a proposed order with a cover letter identifying the disputed areas.

If there is a disagreement, each party shall submit to the court a proposed order with a cover letter delineating the areas of discrepancy.

Applies to

Order after hearing

Unless the court orders otherwise or prepares the order itself, the moving party must prepare a written Order After Hearing following the hearing.

Unless the court orders otherwise or prepares the Order After Hearing on its own, the moving party shall prepare a written order following any hearing.

Applies to

Preprinted order after hearing forms

The pre-printed Order After Hearing forms must be signed by both parties and, for represented parties, their attorneys of record.

The pre-printed Order After Hearing forms shall be signed by both parties and, if represented, their attorneys of record.

Applies to

Stipulation

Each party and their respective attorney must sign stipulations.

Stipulations shall be signed by each of the parties and their respective attorneys.

Applies to

Judgment

Must include

case number

Every judgment submitted to the court must clearly state the case name, case number, and page number.

EVERY JUDGMENT SUBMITTED TO THE COURT MUST HAVE THE CASE NAME, CASE NUMBER, AND PAGE NUMBER CLEARLY SET FORTH.

Applies to

Judgment

Judgments involving children must receive FSD clearance to verify payment or nonpayment of public assistance for the minor children.

All judgments involving children are cleared by FSD to verify the payment (or lack thereof) of public assistance on behalf of the minor children.

Applies to

Judgment

Judgments involving children must receive clearance from the Department of Child Support Services to determine DCSS involvement.

All judgments involving children are cleared by the Department of Child Support Services (DCSS) to determine involvement.

Applies to

Declaration for default or uncontested dissolution

A declaration for default or uncontested dissolution must accompany a judgment by declaration unless the judgment is entered in court.

Declaration for Default or Uncontested Dissolution, unless the Judgment is entered in Court.

Applies to

Judgment

A judgment awarding or dividing real property must state the property’s legal description in the judgment or incorporated documents.

If the judgment awards or divides real property, the legal description of the real property shall be stated within the judgment or the documents incorporated into the judgment.

Applies to

Notice of entry of judgment

A Notice of Entry of Judgment must be submitted with two large stamped addressed envelopes, matching addresses, sufficient postage, and the Clerk’s address as the return address for any defaulted party.

Notice of Entry of Judgment with two (2) large stamped addressed envelopes. The addresses in the boxes on the Notice of Entry of Judgment must be the same as the addresses on the envelopes. The submitted envelopes shall bear sufficient postage. Any envelope addressed to a defaulted party must use the address of the Clerk as the return address.

Applies to

Nunc pro tunc declaration

A party requesting a nunc pro tunc judgment must submit a declaration stating the requested date and the facts and reasons justifying the order.

When a judgment is requested nunc pro tunc, the requesting party shall submit a declaration setting forth the requested date, the facts and reasons which justify the entry of a nunc pro tunc order.

Applies to

Default judgment

Where applicable, a default judgment submission must include Family Law Forms FL-165 and FL-170.

Family Law Forms FL-165 Request to Enter Default and FL-170 Declaration for Default or Uncontested Judgment.

Applies to

Supplemental declaration

A supplemental declaration must be attached to the Declaration for Default or Uncontested Dissolution or Legal Separation.

A supplemental declaration must be attached to the Declaration for Default or Uncontested Dissolution / Legal Separation.

Applies to

Supplemental declaration

A supplemental declaration must list each child’s date of birth and full legal name when there are children of the marriage.

If there are any children of marriage. The child(ren)’s date of birth and full legal name(s) must be listed.

Applies to

Supplemental declaration

A supplemental declaration must list the proposed division of community property requiring division.

If there is any community property that needs to be divided the proposed division must be listed on this supplemental declaration with the specifications provided below.

Applies to

Supplemental declaration

When real property is included in a judgment, the supplemental declaration must include its common identification and legal description, which may be provided through a referenced attached exhibit.

If real property is included in the judgment, the common identification as well as the legal description must be included. This may be by a referenced attached exhibit.

Applies to

Marital settlement agreement

The defaulted party’s signature on a Marital Settlement Agreement must be notarized.

A. The signature of the defaulted party on any Marital Settlement Agreement must be notarized.

Applies to

Judgment after trial

The party ordered to prepare the judgment must submit a judgment incorporating all court rulings and provide the other party a signature line before the hearing officer signs.

A Judgment incorporating all of the court’s rulings shall be prepared and submitted by the party so ordered. The party preparing the Judgment shall provide a signature line for the other party on the Judgment before the hearing officer’s signature.

Applies to

Child support stipulation

A child-support stipulation that deviates from the statewide uniform guideline calculation must include a signed Family Code § 4065 waiver, unless a party or child receives public assistance.

All stipulations to a child support amount that deviates from the amount established by the statewide uniform guideline calculation, except where either of the parties or children is receiving public assistance, shall include a signed Family Code § 4065 Waiver.

Applies to

Income expense declaration

When child support, spousal support, family support, or attorney’s fees are at issue, a current FL-150 Income and Expense Declaration must be completed with the other party’s income or fair estimate and occupation.

If child support, spousal support, family support or attorney’s fees are an issue, a current (less than three (3) months old) Income and Expense Declaration form FL-150 must be completed, including the other party’s income, or a fair estimate thereof, as well as his or her occupation.

Applies to

Income expense declaration or financial statement

Wage earners must attach the two most recent months of pay stubs for all jobs and the most recent W-2 and/or 1099 to the financial declaration.

Wage earners shall attach the two (2) most recent months of pay stubs for all jobs and the most recent W-2 and/or 1099 to all Income and Expense Declarations/Financial Statements.

Applies to

Income expense declaration or financial statement

Self-employed individuals must attach last year’s Federal Income Tax Schedule C and current-year profit-and-loss statements to the financial declaration.

Self-employed individuals shall attach copies of their Federal Income Tax Schedule C for the last year and profit and loss statements for the current year to all Income and Expense Declarations/Financial Statements.

Applies to

Letter to fcs

The letter confirming a continued hearing must state the parties' names, Fresno County Superior Court case number, CCRC counselor's name, and continued hearing date.

The party who subpoenaed the CCRC counselor shall forward a letter to FCS confirming the continued hearing date within five (5) calendar days of the date of the hearing was continued, and shall set forth the parties’ names, the Fresno County Superior Court case number, the name of the CCRC counselor and the continued hearing date.

Applies to

Request for new mediator or ccrc counselor

A Request for New Mediator/CCRC Counselor form must be submitted to FCS, with a copy provided to the opposing party, no later than five calendar days after the Court orders the session.

The “Request for New Mediator/CCRC Counselor” form must be submitted to FCS and a copy provided to the opposing party, no later than five (5) calendar days from the date the Court orders the mediation/CCRC session.

Applies to

Settlement conference statement

For every settlement hearing or conference, the parties must prepare, exchange, and file Settlement Conference Statements before the hearing or conference.

For any type of settlement hearing or conference, the parties shall prepare, exchange and file Settlement Conference Statements in advance of the hearing.

Applies to

Settlement conference statement

When spousal support, child support, or attorney’s fees including sanctions are requested, the Settlement Conference Statement must include a complete Income and Expense Declaration with appropriate supporting documentation.

If spousal support, child support, or attorney’s fees (including sanctions) have been requested by either party, then a Settlement Conference Statement must be accompanied by a complete Income and Expense Declaration with appropriate supporting documentation.

Applies to

Attorney fees declaration

When attorney’s fees are requested, a declaration addressing Family Code section 4320 is required and must state the requesting party’s position on attorney’s fees clearly, even when spousal support is not requested.

If attorney’s fees are requested, then a declaration addressing Family Code section 4320 must be included even if spousal support is not requested, and the declaration must set forth with clarity the party’s position regarding attorney’s fees;

Applies to

Separate property tracing declaration

A party asserting disputed separate property must include a declaration detailing the tracing and supporting documents, and the opposing party must address that tracing.

If there is a disputed separate property claim, then the party making the claim must include a declaration setting forth the party’s specific tracing of his/her separate property and describe with particularity the documents which support the tracing, and the party opposing the claim must address the tracing.

Applies to

Settlement conference statement

The Settlement Conference Statement must identify the Request for Order filing date and filer, list disputed issues, and include any additional information directed by the Court.

The Settlement Conference Statement must include the date the Request for Order was filed, identify the party who filed the Request for Order, and must indicate which issues remain in dispute. Additional information must be included as directed by the Court according to the issues in dispute.

Applies to

Joint statement of stipulated facts

A joint statement of stipulated facts must be filed and exchanged at least 10 calendar days before the trial or evidentiary hearing unless the court orders otherwise.

A joint statement of stipulated facts;

Applies to

Joint statement of disputed facts

A joint statement of disputed facts must be filed and exchanged at least 10 calendar days before the trial or evidentiary hearing unless the court orders otherwise.

A joint statement of disputed facts;

Applies to

Trial exhibit list

Each party must file a detailed list of exchanged trial or hearing exhibits at least 10 calendar days before the hearing, although the exhibits themselves need not be filed.

All exhibits which may be submitted at the trial/hearing (the exhibits themselves need not be filed, but each party must file a detailed list of each exhibit which that party has exchanged);

Applies to

Income and expense declaration

A current Income and Expense Declaration with appropriate supporting documents must be filed and exchanged at least 10 calendar days before the hearing unless there is no issue concerning child support, spousal support, or attorney’s fees or sanctions.

A current Income and Expense Declaration with appropriate supporting documents unless there is no issue of child support, spousal support, or attorney’s fees/sanctions;

Applies to

Trial witness list

At least 10 calendar days before the hearing, each party must file a witness list containing witness contact information, a concise detailed offer of proof, and the expected direct-examination time.

A witness list which must include the names, addresses, and telephone numbers of each witness along with a detailed but concise offer of proof of that witness’s anticipated testimony and the number of minutes that witness is expected to testify on direct examination;

Applies to

Trial brief

At least 10 calendar days before the hearing, a trial brief must state the issues and, for a Request for Order matter, identify its filing date, filing party, and issues to be heard.

A trial brief which must include a statement of issues, and if the matter is to be heard as a result of a Request for Order, then the trial brief must indicate the date the Request for Order was filed, which party filed the Request, and the issues being to be heard.

Applies to

Declaration

When a Family Law or Probate proceeding concerning the same children is pending, the parties must submit a declaration and the proceedings must be consolidated with the custody-and-control declaration proceeding.

G. In the event there is a pending Family Law or Probate proceeding regarding the same children, the parties shall submit a declaration so stating and the proceeding shall be consolidated with the Petition for Declaration of Freedom from Parental Custody and Control proceeding.

Applies to

Petition for declaration of freedom from parental custody and control

The petitioner, agency representative, or attorney must file a petition and citation for each parent, after which the Court Examiner must immediately send a conformed copy to Family Court Services, except for filings by a licensed adoption agency.

B. The petitioner(s), agency representative or their attorney is responsible for filing for each parent with the Family Law Clerk’s Office the petition for Declaration of Freedom from Parental Custody and Control and a Citation to be issued by the Court Examiner. Once the Petition for each parent has been filed, the Court Examiner must immediately send a conformed copy to Family Court Services with the exception of the filing from a licensed adoption agency.

Applies to

Application to inspect and or copy juvenile case file

Must include

caption

A petitioner seeking juvenile records must complete Form PJV-20 and submit it to the court.

Petitioner shall complete an Application to Inspect and/or Copy Juvenile Case File (Fresno Superior Court form #PJV-20) and submit to the Court. Form is available in the Juvenile Delinquency Clerk’s Office or at www.fresno.courts.ca.gov.

Applies to

Petition

Before filing the petition, the petitioner must make good-faith efforts to meet and confer with all parties to obtain a signed stipulation addressing the release and any scope limitations.

Before filing the petition, petitioner shall make good faith efforts to meet and confer with all parties for the purpose of obtaining a signed stipulation regarding release of the records or information, including any limitations on scope of content of the release.

Applies to

Declaration of conflict

Counsel for any party in a dependency proceeding must immediately file a declaration with the Court upon determining that a conflict of interest interferes with the attorney’s ability to represent the client.

Whenever any counsel for any party in a dependency proceeding determines that a conflict of interest exists which interferes with that attorney’s ability to represent that client, the attorney shall immediately file such a declaration with the Court.

Applies to

Statement regarding parentage

A person claiming paternity or non-paternity must complete and file Judicial Council form JV-505 with the court.

The “Statement Regarding Parentage” form (Judicial Council form JV- 505) shall be completed by any person claiming paternity status or non-paternity, which shall also be filed with the Court.

Applies to

Discovery motion

A party may seek formal discovery only after exhausting informal means, and the noticed motion must state the information's relevancy and materiality and why informal discovery was inadequate.

Only after all informal means have been exhausted may a party petition the Court for discovery. Any noticed motion shall state the relevancy and materiality of the information sought and the reasons why informal discovery was not adequate to secure that information.

Applies to

Discovery motion

In dependency cases, depositions, interrogatories, juvenile-record subpoenas, and similar civil discovery require approval of a Juvenile Court judge through a noticed motion.

In order to coordinate the logistics of discovery in dependency cases, there shall be no depositions, interrogatories, subpoenas of juvenile records or other similar types of civil discovery without approval of a judge of the Juvenile Court upon noticed motion.

Applies to

Ex parte application

Notice to other counsel concerning a non-routine ex parte order must be stated on the Declaration Re Notice of Ex Parte Application form.

The notice given to the other counsel regarding the ex parte application for a non-routine order shall be stated on the Declaration Re Notice of Ex Parte Application form.

Applies to

Ex parte application

When a good-faith attempt to notify other counsel fails, the applicant must describe those efforts on the Declaration Re Notice of Ex Parte Application form.

If the applicant has made a good faith attempt to inform the other counsel regarding the ex parte application but was unable to do so, the efforts made to inform them shall be specified on the Declaration Re Notice of Ex Parte Application form.

Applies to

Ex parte application

An applicant claiming that advance notice to counsel is unnecessary must state the grounds on the Declaration Re Notice of Ex Parte Application form.

If the applicant contends that advanced notice to one or more other counsel should not be required, the grounds upon which this contention is based shall be specified on the Declaration Re Notice of Ex Parte Application form.

Applies to

Ex parte application

The completed Declaration Re Notice of Ex Parte Application form must accompany the ex parte application submitted to the judicial officer.

The completed Declaration Re Notice of Ex Parte Application form shall be submitted to the judicial officer with the ex parte application.

Applies to

Ex parte application

An ex parte application lacking the required Declaration Re Notice of Ex Parte Application form will be summarily denied.

An ex parte application which is submitted to the judicial officer without the Declaration Re Notice of Ex Parte Application form will be summarily denied.

Applies to

Motion

Except where otherwise provided, motions must be written and accompanied by a supporting affidavit or declaration and, when applicable, points and authorities.

Except as otherwise provided herein, all motions shall be in writing and accompanied by a supporting affidavit or declaration and points and authorities, if applicable.

Applies to

Petition for modification

Must include

certificate of service

The petitioner must provide copies of the petition to all parties and file the original with proof of service attached.

Petitioner is to provide copies of the petition to all parties and file the original with an attached proof of service.

Applies to

Travel order application

A minor travel application must comply with Juvenile Rule 6.5.4 and state the efforts made to notify the parents and any response received.

Any application to the Court for orders regarding travel of the minor shall comply with Juvenile Rule 6.5.4 and shall state what efforts have been made to notify the parent(s) and their response, if any.

Applies to

Petition commence proceeding application

An application to commence a juvenile proceeding must provide notice and identifying information concerning any pending family-law-related proceeding.

In that application, the applicant shall give notice and identifying information of any pending family law-related proceeding.

Applies to

Ex parte application

An ex parte application to calendar an order must use the applicable Fresno County Superior Court local form, specify reasons, and be legible.

All applications must be on the applicable Fresno County Superior Court Local Form. Reasons for the request must be specified. The request must be legible.

Applies to

Pleading

Self-represented persons whose residence differs from the address of record must file a separate verified declaration stating their residence address.

All persons filing as self-represented shall file with the court a separate verified declaration regarding his or her residence address, if the residence is not the address of record in the proceeding.

Applies to

Pleading

A petition or other pleading requesting probate relief must identify the authorizing Probate Code section below its title.

When a petition or other request for relief is presented to the court, the Probate Code section that allows the requested relief must appear below the title of the pleading.

Applies to

Petition

A petition must include the date of death when a beneficiary, heir, child, spouse, or registered domestic partner is deceased.

If a beneficiary, heir, child, spouse, or registered domestic partner in any action before the Probate Court is deceased, that person’s date of death shall be included in the petition.

Applies to

Notice of remote appearance

The Notice of Remote Appearance form must include an email address.

Include an e-mail address on the Notice of Remote Appearance (RA-010) form.

Applies to

Pleading

Must include

proposed order

A proposed order must accompany every pleading requesting relief.

A proposed Order shall be submitted with all pleadings that request relief.

Applies to

Notice of remote appearance

The Notice of Remote Appearance will not be accepted for filing without an email address, which is used to receive approval confirmation and Zoom link information.

An e-mail address is required in order to receive confirmation of approval and Zoom link information by the Probate Clerk’s office. If an e-mail address is not provided, the form will not be accepted for filing.

Applies to

Probate order

Probate orders and decrees must be self-contained and state all matters decided, relief granted, affected persons, property descriptions, and monetary amounts with the required particularity.

All orders or decrees in probate matters must be complete in themselves. Orders shall set forth all matters ruled on by the court, the relief granted, and the names of persons, descriptions of property and/or amounts of money affected with the same particularity required of judgments in general civil matters.

Applies to

Ex parte petition

Ex parte petitions requesting that notice be dispensed with must be filed with the court.

All ex parte petitions requesting that notice be dispensed with must be filed with the Court.

Applies to

Ex parte application

An ex parte application must contain facts sufficient to justify the requested relief.

the application must contain facts sufficient to justify the relief requested.

Applies to

Declaration

Each declaration must state the facts with particularity.

The facts stated in each declaration shall be set forth with particularity.

Applies to

Declaration

Each declaration must affirmatively show that the declarant can competently testify to the stated facts.

Each declaration shall show affirmatively that the declarant can testify competently to the facts stated therein.

Applies to

Ex parte application

The ex parte application and declarations must be verified.

The application and declarations must be verified.

Applies to

Ex parte application

Must include

proposed order

Every ex parte application or stipulation must be accompanied by a separate, self-contained order.

All ex parte applications and stipulations, shall be accompanied by a separate order complete in itself.

Applies to

Proposed order

The separate order may not merely state that the ex parte application was granted.

It is not sufficient for such an order to state that the application has been granted.

Applies to

Request to dispense with accountings

Requests to dispense with accountings may not be submitted as ex parte matters.

Requests to dispense with accountings will not be considered ex parte.

Applies to

Petition for final distribution

Petitions for final distribution on waiver of account or accountings on waiver of notice must be placed on the court's regular calendar and may not be submitted ex parte.

Petitions for Final Distribution on Waiver of Account or Accountings on Waiver of Notice may not be submitted ex-parte, but shall be placed on the court’s regular calendar.

Applies to

Blocked account order

The blocked-account order and account title must identify the protected person or estate, state that the account is blocked, and prohibit withdrawals without prior written court authorization.

The order as well as the title to the blocked account shall show the name of the minor, conservatee, or estate and shall state that the account is “blocked” and that no withdrawals of principal or interest shall be made without the prior written order of the court.

Applies to

Blocked account withdrawal application

A withdrawal from a blocked account must be requested by ex parte application using the appropriate Judicial Council form.

Withdrawals from a blocked account may be requested by ex parte application using the appropriate Judicial Council form.

Applies to

Blocked account withdrawal application

The withdrawal application must include sufficient supporting documentation, including copies of related bills, statements, or letters.

In all cases, sufficient documentation to support the requested withdrawal must be submitted with the application, including copies of bills, statements, or letters related to the request.

Applies to

Blocked account withdrawal order

An order granting a blocked-account withdrawal must direct payment to the vendor or service provider rather than the applicant, except for reimbursement of an expense already paid by the applicant.

If the withdrawal is granted, the order shall provide that payment will be made directly to the vendor or service provider and not to the applicant, unless the withdrawal is for reimbursement of an expense already paid by the applicant.

Applies to

Minor account withdrawal application

No binding purchase agreement may be entered into before the court orders the vehicle purchase.

A binding agreement shall not be entered into before obtaining a court order.

Applies to

Receipt of acknowledgement of duties and liabilities

The personal representative’s birth date and driver’s license number must remain confidential and unavailable for public inspection absent a court order.

This information shall be kept confidential and shall not be made available for public inspection without a court order.

Applies to

Petition for distribution

A petition for distribution must detail all distributable property, including cash, promissory-note security information, and the legal description and APN of real property, without describing assets solely by reference to the inventory.

A petition for distribution must list and describe in detail all property to be distributed. The description shall include cash on hand. Promissory notes must be described as secured or unsecured. If secured, the security interest must be described. The legal description and APN of all real property must be included. Description in the petition of any asset by reference to the inventory is not acceptable.

Applies to

Declaration

A request to distribute personal property in undivided interests to a minor requires a detailed declaration documenting the need and the minor's best interests.

Parties requesting distribution of personal property in undivided interests to a minor must first submit a detailed declaration documenting the need therefor and why it would be in the minor’s best interest.

Applies to

Declaration

A request to distribute real property in undivided interests to a minor requires a detailed declaration documenting the need and the minor's best interests.

Parties requesting distribution of real property in undivided interests to a minor must first submit a detailed declaration documenting the need therefor and why it would be in the minor’s best interest.

Applies to

Declaration

The current trustee must file a declaration with specified trust information when estate property is to be distributed to a pre-existing trust.

If property in the estate is to be distributed to a pre-existing trust, the current trustee must file a declaration setting forth the name of the trust, its establishment date, that a taxpayer identification number has been obtained, verifying that the trust is in full force and effect, and that the trustee has an executed copy of the trust in possession.

Applies to

Informal accounting

A final-distribution petition requesting retention of more than $5,000 as a closing reserve is subject to an informal accounting filed with the court within six months after the final-distribution order.

Petitions for final distribution that request the retention of funds from distribution (a closing reserve) in excess of $5,000.00 shall be subject to an informal accounting to be filed with the Court within six (6) months of the date of the order for final distribution.

Applies to

Informal accounting

The informal accounting must be filed ten days before the six-month status hearing set when the final-distribution order is made.

The informal accounting shall be filed with the Court ten (10) days prior to the six-month status hearing which the Court shall set at the time the order for final distribution is made.

Applies to

Final distribution order

A final-distribution order involving a closing reserve exceeding $5,000 must specifically state the permitted uses of the retained funds.

Where the closing reserve is in excess of $5,000.00 an order for final distribution of an estate shall specifically set forth the use that may be made of the funds retained for closing reserve.

Applies to

Informal accounting

The informal accounting for retained closing-reserve funds must specify payment dates and all uses of the funds.

The informal accounting of funds retained for closing reserve shall specify the date of payments and all uses of the retained funds (i.e., income taxes, final closing costs, property tax assessments).

Applies to

Application for final discharge

An application for final discharge when the closing reserve exceeds $5,000 must include the disposition of retained funds, with beneficiary receipts filed for distributions to beneficiaries.

Where the closing reserve is in excess of $5,000.00 the application for final discharge of the personal representative must include the disposition of all funds retained for closing reserve and receipts from beneficiaries shall be filed for any distributions of the retained funds to beneficiaries.

Applies to

Conservator appointment

A proposed conservator must present the Proof of Viewing form at the general hearing.

The proposed conservator shall present the “Proof of Viewing” form, available in the Clerk’s Office and on the Internet, to the Court at the time of the general hearing.

Applies to

Successor conservator petition

When the petitioner and proposed successor conservator are different people, the petition must allege that they met and conferred and that the proposed successor agrees to serve.

If the Petitioner and the proposed successor conservator are not the same person, the petition must specifically allege that the petitioner met and conferred with the person being nominated for appointment as successor conservator and that the person agrees to accept appointment as successor conservator.

Applies to

Petition

A copy of the proposed trust instrument must be attached to the petition.

A copy of the proposed trust instrument shall be attached to the petition.

Applies to

Special needs trust instrument

Special needs trust instruments must include Schedule A listing the assets funding the trust.

Special needs trust instruments shall include a “Schedule A” which lists the assets that will fund the special needs trust.

Applies to

Special needs trust accounting

Accountings must identify and include specified purchased assets on a Schedule of Trust Property on Hand.

Payments for the purchase of any real property, and any tangible personal property valued at $2,000.00 or greater, shall be accounted for and the asset purchased identified and included on a Schedule of Trust Property on Hand at the time of the special needs trust accounting.

Applies to

Trust establishment petition

A conservator's final accounting must be filed before the court grants a petition to establish a trust.

Prior to granting a petition to establish a trust, the court will require that a final accounting be filed by the conservator.

Applies to

Court created trust

The trust must require court approval of a final Trust Accounting before distribution to remainder beneficiaries.

The trust must include language that prior to any distribution to remainder beneficiaries, a final Trust Accounting must be approved by the Court.

Applies to

Conservatorship or guardianship accounting

Conservatorship and guardianship accounts must be supported by financial account statements verifying balances and assets at the accounting closing date.

All conservatorship and guardianship accounts must be supported by financial account statements verifying the balances and assets of accounts at financial institutions, including banks, credit unions security, brokerage and similar financial accounts as of the closing date of the accounting.

Applies to

First conservatorship or guardianship accounting

The first accounting must include financial account statements showing the balance immediately before the first accounting period.

If the accounting is the first account, financial account statements shall also be provided to show the account balance immediately preceding the first account period.

Applies to

Financial institution statement

Financial institution statements must be originals and show account vesting, date, balance, and assets.

The financial institution statements must be the originals must show the vesting of the account, the date, the balance and assets in the account.

Applies to

Fiduciary declaration

If required financial institution statements or records are unavailable, the fiduciary must submit a declaration explaining the situation and identifying available records.

If a financial institution does not produce statements or records required by this rule, the fiduciary shall submit a declaration stating this fact and what records are available.

Applies to

Accounting

Financial account statements must be filed separately with a descriptive affidavit or declaration and captioned “confidential financial statements.”

The financial institution account statements shall be filed separately from the accounting and attached to a separate affidavit or declaration describing the character of the document and shall be captioned “confidential financial statements.”

Applies to

Exhibits

Exhibits must be exchanged and pre-marked before trial, preferably in anticipated presentation order, and trial will not begin until this is completed.

Exhibits shall be exchanged between counsel before commencement of trial and must be pre-marked; preferably in the anticipated order or presentation to the extent possible. Trial will not begin until this is completed.

Applies to

Exhibits

Photographs must be designated and submitted as separate exhibits.

Photographs shall be marked as separate exhibits.

Applies to

Exhibit list

Counsel must jointly prepare one accurate exhibit list describing every marked exhibit.

Counsel shall jointly prepare a single, joint exhibit list which accurately describes each exhibit being marked.

Applies to

Exhibit list

The joint exhibit list must identify each specific objection and the objecting party and must be submitted before the first witness is called; unlisted objections may be waived.

The specific objection and which party is objecting shall be listed next to the description of the exhibit on the joint exhibit list. If objections are not noted on the joint exhibit list, objections may be waived. This must be submitted to the court prior to the parties calling their first witness.

Applies to

Jury instructions

Counsel must meet and confer and submit separate agreed and disputed jury-instruction lists, with a non-objectionable substitute instruction for any non-relevancy objection.

Counsel must meet and confer and submit a list of all requested instructions to which there is no objection and a separate list of instructions as to which there are objections. If objections are made to any jury instructions on other than relevancy grounds, the objecting party must also submit an instruction that is believed to be non-objectionable.

Applies to

Deposition transcript

Counsel must lodge with the clerk every deposition intended for use at trial.

Counsel shall lodge with the clerk all depositions to be used in the trial.

Applies to

Witness list

Counsel must provide the clerk and reporter a prospective-witness list in MS Excel, alphabetized by last name, for electronic display during jury selection.

Counsel shall provide the clerk and the reporter with a list of prospective witnesses in alphabetical order – by last name – in MS Excel format so that they may be shown through the court's electronic display for jury selection.

Applies to

Jury instructions

Before the end-of-trial instruction conference, counsel must meet and confer and submit separate pages listing unobjected-to and objected-to instructions.

Prior to the instruction conference at the end of trial, counsel must meet and confer and submit a page listing all requested instructions to which there is no objection and a separate page of instructions as to which there are objections.

Applies to

Jury instructions

A party objecting to a jury instruction on any ground other than relevancy must submit the legal basis for the objection in writing.

If objections are made to any jury instructions on other than relevancy grounds, the objecting party must also submit its legal basis for such objection in writing.

Applies to

Jury instructions

Counsel must submit separate agreed and disputed instruction packets, provide a non-objectionable substitute for non-relevancy objections, identify requesting parties, complete all blanks, and redact irrelevant portions.

Counsel must meet and confer and submit a packet of all requested instructions to which there is no objection and a separate packet of instructions to which there are objections. If objections are made to any jury instruction on other than relevancy grounds, the objecting party must also submit an instruction that is believed to be non-objectionable. Each instruction must indicate the party or parties requesting it and have all blanks properly completed and irrelevant portions redacted.

Applies to

Trial time limit statement

The parties must file a joint trial-time-limit statement, or separate statements if unable to agree.

To facilitate an accurate time estimate for the potential jury members, the parties must file a Joint Statement re Trial Time Limits (or separate statements if unable to agree), setting forth:

Applies to

Trial time limit statement

The trial-time statement must state the total hours each party needs to try the case.

The total number of hours needed, per party, to try the case;

Applies to

Trial time limit statement

The trial-time statement's witness list must identify each direct witness, summarize the testimony subject, and state the estimated direct-examination hours.

A witness list with the name of each witness to be called on direct, a brief description of the general subject matter of the witness’ testimony, the number of hours of direct examination that will be required for that witness, and

Applies to

Trial time limit statement

The trial-time statement must state the total cross-examination hours anticipated or required by each opposing party.

The total number of hours of cross-examination contemplated/required by opposing party(ies).

Applies to

Exhibit list

Counsel must provide the clerk an MS Excel exhibit list giving each exhibit's number and unique name.

Counsel shall provide the clerk with a list of exhibits by number and unique name in MS Excel format.

Applies to

Witness list

Counsel must provide the clerk and reporter a joint prospective-witness list alphabetized by last name.

Counsel shall provide the clerk and the reporter with a joint list of prospective witnesses in alphabetical order – by last name.

Applies to

Exhibit list

Counsel must provide the clerk with an exhibit list organized by exhibit number.

Counsel shall provide the clerk with a list of exhibits by number.

Applies to

Trial time estimate statement

The trial-time estimate must list each direct witness and the estimated hours of that witness's direct examination.

A witness list with the name of each witness to be called on direct and the number of hours of direct examination that will be required for each witness, and

Applies to

Trial time estimate statement

The trial-time estimate must state the contemplated cross-examination and redirect hours for each witness.

The total number of hours of cross-examination and re-direct examination contemplated for each witness.

Applies to

Exhibits

All exhibits must be exchanged and submitted to the clerk at the outset of the pretrial conference.

At the outset of the pretrial conference, all exhibits must be exchanged between counsel and submitted to the clerk.

Applies to

Exhibits

Duplicate exhibit sets must be prepared for counsel, the court, the clerk, and the witness.

Duplicate sets of exhibits must be prepared for each counsel, the court, the clerk and the witness.

Applies to

Exhibit list

Counsel must jointly prepare one accurate list describing every exhibit submitted to the clerk.

Counsel must jointly prepare a single exhibit list which accurately describes each exhibit submitted to the clerk.

Applies to

Witness list

At the outset of the pretrial conference, counsel must provide a jointly prepared prospective-witness list in an electronic format the court can manipulate for display during voir dire.

At the outset of the pretrial conference, counsel must provide to the court a jointly prepared list of prospective witnesses in an electronic format suitable for the court to manipulate for eventual publication to the jury panel during voir dire.

Applies to

Jury instructions

Before the first witness, counsel must submit jury instructions and verdict forms in separate agreed and disputed packets, with required substitute instructions, requester identification, completed blanks, and redactions of irrelevant material.

Jury instructions and verdict forms must be submitted before the first witness is called. Counsel must meet and confer and submit a packet of all requested instructions to which there is no objection and a separate packet of instructions as to which there are objections. If objections are made to any jury instructions on other than relevancy grounds, the objecting party must also submit an instruction that is believed to be non-objectionable. Each instruction must indicate the party or parties requesting it, all blanks must be filled in and any irrelevant portions redacted.

Applies to

Deposition transcript

Before reading from a deposition transcript, counsel must lodge the original transcript with the clerk.

Before reading from any deposition transcript, counsel must lodge with the clerk the original of the deposition transcript to be read from.

Applies to

Statement of the case

If counsel do not give the preferred mini-openings, they must submit a short, jointly prepared neutral case statement at the outset of the pretrial conference.

In the alternative, at the outset of the pretrial conference counsel must submit to the court a short, jointly prepared and neutral statement of the case for reading to the jury panel during jury selection.

Applies to

Judgment

The “by declaration” box on a judgment should be checked unless a different rule indicates otherwise.

The “by declaration” box should be checked unless otherwise indicated by a different rule.

Applies to

Judgment

The termination-of-status date in a judgment must be left blank unless a specific future date is requested.

Unless a specific date in the future is requested, the date for termination of status shall be left blank.

Applies to

Judgment

Any attachment incorporated into a judgment must be in proper court pleading form.

Any attachment incorporated into the Judgment shall be in proper court pleading form.

Applies to

Judgment

The judgment must be submitted as recited in open court.

4. The Judgment shall be submitted as recited in open court.

Applies to

Settlement conference statement

Settlement conference statements are marked received but not placed in the court file, and a new statement must be submitted for each additional settlement conference.

Settlement conference statements will be marked as received and will not be kept in the court file, and must be submitted anew for each additional settlement conference.

Applies to

Copying procedures notification

The public agency must promptly notify petitioner of requested copying procedures and other conditions governing petitioner's preparation of the administrative record.

The public agency must promptly notify petitioner of any requested copying procedures or other conditions with which petitioner must comply in petitioner’s preparation of the record.

Applies to

Motion

The specified Penal Code § 995 and preliminary-hearing suppression motions must be set in the supervising Criminal Division judge's designated department, and no date pre-approval is required.

Motions to set aside the indictment or information pursuant to Penal Code § 995, and special hearings on motions to suppress under Penal Code § 1538.5, subdivision (i), where a motion to suppress was made at the preliminary hearing, shall be set in the department of the supervising judge of the Criminal Division, or his or her designee, at the time designated by that judge for motions. No pre-approval of the date is required.

Applies to

Motion

If the supervising judge or designee served as the preliminary-hearing magistrate, the motion to set aside the information or renew the suppression motion must be set in the Designated Department under rules 3.5.1A and D.

In the event that judge (supervising judge or his or her designee) acted as the magistrate at the preliminary hearing, the motion to set aside the information, or for renewal of the suppression motion made at the preliminary hearing, shall be set in the Designated Department pursuant to the procedure for other motions set forth in rule 3.5.1A and D.

Applies to

Motion

A transportation order should be requested when a defendant or necessary witness is in custody.

A request for a transportation order should be included if a defendant or necessary witness is in custody.

Applies to

Motion

A Penal Code § 995 motion must include a brief summary statement of the facts from the preliminary examination transcript.

A brief statement in summary form of the facts as set forth in the preliminary examination transcript;

Applies to

Motion

A Penal Code § 995 motion must state the issues and specifically identify why the information or indictment should be set aside.

A statement of the issues, specifically identifying why the information or indictment should be set aside;

Applies to

Motion

When a defendant relies on testimony in a preliminary-hearing transcript, the moving papers must cite the testimony by transcript page and line.

Where defendant intends to rely upon some testimony in the transcript, the moving papers shall contain references to the testimony, identified by page and line number of the transcript;

Applies to

Motion

A Penal Code § 995 motion must identify the relied-upon authorities and explain their applicability; merely citing Penal Code or U.S. Constitution sections is insufficient.

A statement of the authorities upon which defendant relies with explanation as to why they are applicable. Mere citation of sections of the California Penal Code and the U.S. Constitution will not be sufficient.

Applies to

Family law document

For court-mailed Family Law documents, two printed copies and addressed, prepaid envelopes must reach the court by the day before electronic filing.

When electronically filing Family Law documents required to be mailed by the court to the opposing party (such as Request to Enter Default, Notice of Entry of Judgment, Request for Status Conference, etc.) the Court requests that the following be provided to and received by the Court no later than the day prior to electronically filing: a. Two printed copies of document(s) to be conformed. b. Envelopes with sufficient postage addressed to both parties, or their attorney.

Applies to

Appeal brief

On appeal, mere factual arguments will generally be insufficient because appeals address issues of law.

Because appeals are concerned with issues of law, mere factual arguments will generally be insufficient.

Applies to

Paper for filing

A document preparer must give the party a copy of the filing paper no later than when it is presented for the party’s signature.

E. A document preparer shall, not later than the time at which a paper for filing is presented for the party’s signature, furnish to the party a copy of the paper.

Applies to

Second letter

The second letter must notify the responding party that in five days the proposed order and a copy of the letter will be submitted to the hearing officer for signature and filing without further notice.

The second letter shall notify the responding party that in five (5) days the proposed order will be submitted to the hearing officer, together with a copy of the second letter, for signature and filing with the court, without further notice to the responding party.

Applies to

Order after hearing

If the court-directed preparing party does not prepare the order within 10 days after the hearing or explain the delay, the opposing party may prepare and process the order under subsections B and C.

If the party directed by the court does not prepare an Order After Hearing within ten (10) days of the hearing and does not communicate the reason for the delay to the opposing party, then the opposing party may prepare the order and process it pursuant to B and C above.

Applies to

Preprinted order after hearing forms

When the court does not prepare its own order, parties may be directed to complete pre-printed Order After Hearing forms before leaving the courthouse.

Where the court does not prepare its own Order After Hearing, the parties may be directed to complete pre-printed Order After Hearing forms prior to leaving the courthouse.

Applies to

Stipulation to continue hearing

A stipulation to continue a hearing generally requires only the attorneys’ signatures, except for an OSC concerning contempt.

Only the attorneys need to sign a stipulation to continue a hearing except an OSC re: contempt (see Rule 5.2.8(C)).

Applies to

Stipulation

A stipulation rendered in open court in the presence of the parties requires only the attorneys’ signatures.

Only the attorneys need to sign a stipulation, which was rendered in open court in the presence of the parties.

Applies to

Complaint about minors counsel

A complaint about minor’s counsel must be written, detail all reasons with specific examples of acts or omissions, be sent to the Presiding Judge of the Family Court, and focus on conduct rather than the hearing’s outcome.

Complaints about minor’s counsel shall be in written form. The complaint shall detail all reasons for the complaint and shall set forth specific examples of the acts or omission by Minor’s Counsel. The complaint shall be sent to the Presiding Judge of the Family Court. The Presiding Judge will investigate and respond to the complaint. Complaints must specifically address conduct and cannot focus on the outcome of the hearing.

Applies to

Attorney fees and costs request

An attorney-fees-and-costs request must include an itemized declaration of work and costs and a current Income and Expense Declaration.

A request for attorney fees and costs shall include an itemized declaration of work performed and costs incurred. A current Income and Expense Declaration must be submitted.

Applies to

Declaration regarding service of declaration of preliminary disclosure

A completed Declaration Regarding Service of Declaration of Preliminary Disclosure is required.

C. A completed Declaration Regarding Service of Declaration of Preliminary Disclosure.

Applies to

Attached declaration

If the respondent is incarcerated, the attached declaration must state that fact and the expected release date if known.

D. If the respondent is incarcerated, this fact shall be set forth in the attached declaration along with expected release date, if known.

Applies to

Marital settlement agreement

For each unrepresented party, the unrepresented-party declaration language may be included in the MSA under an appropriate heading or attached as an incorporated exhibit.

B. For each unrepresented party, the language in the Judicial Council Form entitled “Declaration Re Unrepresented Party” may either be set forth in the MSA (under an appropriate heading) or the form may be attached as an exhibit and incorporated in the MSA.

Applies to

Judgment msa

When a party is represented, the attorney who did not prepare the Judgment/MSA must sign to show approval of its form and content.

C. When a party is represented by counsel, the signature of the attorney who did not prepare the Judgment/MSA shall appear to show approval as to form and content.

Applies to

Declaration regarding service of declaration of preliminary disclosure

Each party must submit a completed Declaration Regarding Service of Declaration of Preliminary Disclosure.

D. Each party must submit a completed Declaration Regarding Service of Declaration of Preliminary Disclosure.

Applies to

Declaration regarding service of declaration of final disclosure or family code 2105 waiver

Each party must submit either a completed Declaration Regarding Service of Declaration of Final Disclosure or a separate Family Code § 2105 Waiver.

E. Each party must submit a completed Declaration Regarding Service of Declaration of Final Disclosure on in the alternative a separate Family Code § 2105 Waiver.

Applies to

Judgment

A judgment is required in the uncontested-judgment documents.

A. Judgment.

Applies to

Judgment

The judgment’s first box labeled “default or uncontested” must be checked and the remainder of paragraph 2 must be completed.

1. The first box entitled “default or uncontested” shall be checked and the rest of paragraph 2 shall be completed.

Applies to

Judgment

If the party who did not prepare the judgment is represented, a counsel signature line is required above the hearing officer’s signature, and the preparing party does not sign.

2. If the party who did not prepare the Judgment is represented by an attorney, a signature line for counsel is required above the hearing officer’s signature. The party preparing the Judgment does not sign.

Applies to

Judgment

Applicable waivers must be included in the judgment body or attached as exhibits.

3. The applicable waivers must be included in the body of the Judgment or attached as exhibits.

Applies to

Bifurcation stipulation and order

Must include

proposed order

A status-only bifurcation may be requested by stipulation accompanied by an Appearance, Stipulation and Waiver form, a status-only judgment, and a status-only Notice of Entry of Judgment.

A bifurcation may be obtained by one of the following: 1. Stipulation and Order for Bifurcation submitted in addition to the following documents: a. A completed Appearance, Stipulation and Waiver form or equivalent language in the stipulation. b. Judgment with “status only” box checked. c. Notice of Entry of Judgment with “status only” box checked, in addition to the other requirements set forth in these rules.

Applies to

Judgment

The judgment has the “status only” box checked.

Judgment with “status only” box checked.

Applies to

Notice of entry of judgment

A Notice of Entry of Judgment with the status-only box checked is required for the stipulated bifurcation procedure.

Notice of Entry of Judgment with “status only” box checked, in addition to the other requirements set forth in these rules.

Applies to

Judgment

If a status bifurcation is granted at hearing, counsel must submit a status-only judgment and status-only Notice of Entry of Judgment.

Notice of Motion. The following forms must be submitted if the request to bifurcate status is granted at the hearing: a. Judgment with “status only” box checked. b. Notice of Entry of Judgment with “status only” box checked, in addition to the other requirements set forth in these rules.

Applies to

Judgment

When temporary orders were issued, the judgment must state that they remain in full force and effect until further court order.

If temporary orders were issued, the Judgment shall state that such orders shall continue in full force and effect until further order of the court.

Applies to

Financial statement simplified

When only child support is at issue, the simplified FL-155 form may be substituted for the FL-150 unless a judicial officer orders otherwise.

If only child support is at issue, then the Financial Statement (Simplified) Judicial Council form FL-155 may be substituted unless otherwise ordered by a judicial officer, for an Income and Expense Declaration.

Applies to

Motion

If the DCSS arrears dispute remains unresolved, the moving papers must specify the nature and amount of the dispute and, if possible, identify specific DCSS calculation errors.

If the issues cannot be resolved, the moving papers shall specify the nature and amount of the dispute, and shall identify, if possible, the specific errors in DCSS calculations.

Applies to

Uniform parentage action submission

A uniform parentage action submission must state whether other actions concerning the child exist and whether they resulted in judgment.

Whether there are any other actions pertaining to this child and whether or not those actions have resulted in judgment;

Applies to

Uniform parentage action submission

If the child’s mother married another person within 300 days of the child’s birth, the full name of that person must be provided.

If the mother of the child was married to someone else within three hundred (300) days of the child’s birth, the full name of that person;

Applies to

Uniform parentage action submission

The full name of any person other than the parties who held the child out as their own must be provided.

If anyone other than the parties to this case has held the child out to be his/her own, the full name of that person;

Applies to

Uniform parentage action submission

The full name of any nonparty who signed a Voluntary Declaration of Paternity regarding the child must be provided.

If anyone other than the parties in this case signed a Voluntary Declaration of Paternity regarding this child, the full name of that person;

Applies to

Uniform parentage action submission

The full name of any nonparty who adopted the child must be provided.

If anyone other than the parties adopted the child, the full name of that person;

Applies to

Uniform parentage action submission

The specific facts in dispute must be identified.

The specific facts in dispute;

Applies to

Uniform parentage action submission

The submission must identify any guardianship, termination of parental rights, Child Protective Services, Dependency Court, or other action involving the child.

Whether there are any guardianship, termination of parental rights, Child Protective Services, Dependency Court, or other actions involving this child.

Applies to

Trial or evidentiary hearing time estimate

When a case is set for trial or an evidentiary hearing, the parties must provide an estimate of the anticipated hearing or trial length and must treat that estimate as certain.

At the time a case is set for an evidentiary hearing or trial, the parties shall provide a time estimate of the anticipated length of the evidentiary hearing or trial. The Court will rely on the accuracy of the time estimate in setting cases and managing its calendar. All parties must regard the time estimate as certain.

Applies to

Minute order

Minute orders must state whether the CASA or CASA supervisor attended and confirm that the CASA report was read and considered.

Minute orders shall reflect whether the CASA and/or the CASA supervisor was present at the hearing and that the CASA’s report was read and considered by the Court.

Applies to

Trust accounting

All subsequent trust accountings must be filed in a new Trust file.

Thereafter, all trust accountings shall be filed in a new Trust file, and a filing fee shall be payable upon the filing of each account.

Applies to

Hearing document

Documents concerning a matter set for hearing must state the hearing date, time, and department on the document’s face.

All documents relating to a matter set for hearing shall have the hearing date, time and department set forth on the face of the document.

Applies to

Notice of hearing

A petition removed from the calendar may be reset by filing a new Notice of Hearing form titled “RESET Notice of Hearing,” referring to the original hearing date and serving the new notice as required for the original hearing.

If a petition has been taken off calendar, it may be re-set for hearing by filing a new Notice of Hearing form, entitled “RESET Notice of Hearing.” Reference shall be made to the original hearing date, and the new Notice shall be served in the same manner as that required for the original hearing.

Applies to

Minor account withdrawal application

A minor’s-account application for tax payment must include a breakdown of state and federal taxes due and preparation costs.

An application to withdraw funds to pay income taxes on the minor’s funds shall include a breakdown of state and federal taxes due and any costs of preparation.

Applies to

Minor account withdrawal application

A non-tax minor’s-account withdrawal application must include a financial declaration describing parental income, expenses, and any circumstances justifying use of the minor’s assets.

An application to withdraw funds for purposes other than payment of taxes shall be accompanied by a financial declaration by the parent or parents describing their income and expenses and, if applicable, other circumstances justifying the use of the minor’s assets.

Applies to

Minor account withdrawal application

The minor’s employment and income statement must be attached to the application when applicable.

A statement regarding the minor’s employment and income, if any, shall also be attached.

Applies to

Minor account withdrawal application

A withdrawal request for multiple items must list each item separately and state its cost.

If the request is for multiple items, each item must be listed separately, with its cost.

Applies to

Minor account withdrawal application

A car-purchase withdrawal application must include the proposed purchase/sale agreement identifying the vehicle, year, price, and payment structure.

If a withdrawal is requested for the purchase of a car, a copy of the proposed purchase/sale agreement shall be attached to the application showing the type of car, year, purchase price, and whether payment will be made in full or in specified installments.

Applies to

Minor account withdrawal application

A vehicle-purchase application must include an insurance quote showing the specified public-liability coverage or policy limits.

A casualty and liability insurance quote shall be attached to the application showing public liability coverage at (i) current state minimum limits or greater limits if ordered by the court, or (ii) per person and per accident for automobile insurance or policy limits equal to the funds which will remain on deposit after the purchase, whichever is greater.

Applies to

Minor account withdrawal application

The vehicle-purchase application must explain who will pay for the automobile insurance.

The application shall contain an explanation of who will pay for the insurance.

Applies to

Minor account withdrawal application

A vehicle-purchase application must include the minor’s current report card, a statement of who will pay maintenance, and a statement about available public and alternate transportation.

A copy of the minor’s current report card; a statement as to who will pay for the automobile’s maintenance; and a statement of the current availability of public and alternate transportation shall also be submitted.

Applies to

Minor account withdrawal application

A medical, dental, or orthodontic withdrawal application must include a treatment-need and cost statement and an applicant declaration explaining why insurance does not cover the expense.

If the request for withdrawal pertains to medical or dental care, including orthodontia, a statement from the doctor, dentist or orthodontist regarding the need for the treatment to be performed and the cost of the treatment shall be submitted, together with a declaration by the applicant explaining why the expense is not covered by insurance.

Applies to

Minor account withdrawal application

An educational or recreational program withdrawal request must describe the program and explain its necessity or appropriateness for the minor.

Requests to pay for educational or recreational programs must describe the program and include a statement as to the necessity or appropriateness of the program for the minor.

Applies to

Letters of appointment

Letters of appointment must list the names and signatures of every appointed guardian, conservator, or personal representative on each copy.

When more than one person is appointed as guardian, conservator, or personal representative, the names and signatures of all appointed persons shall appear on each copy of the Letters to be issued by the Clerk.

Applies to

Receipt of acknowledgement of duties and liabilities

The receipt acknowledging a personal representative’s duties and liabilities must include the representative’s birth date and driver’s license number, if any, unless the representative is a public entity or trust company.

The birth date and driver’s license number, if any, of a personal representative (other than public entities or trust companies) shall be provided in the receipt of acknowledgement of duties and liabilities as required by Probate Code section 8404.

Applies to

Corrected inventory

A corrected inventory must completely restate the original inventory and show the amended total inventory amount.

A "Corrected" Inventory supersedes and completely restates an original inventory (final, partial or supplemental) and should show the total inventory amount as amended.

Applies to

Inventory and appraisal

The Inventory and Appraisal must describe real property and identify the estate's ownership interest and manner of title holding.

The Inventory and Appraisal shall describe real property by legal description, street address (if any), whether improved or unimproved, and any assessor's parcel number. The Inventory must identify the estate’s interest in the property by percentage of ownership, and how title was held (i.e., joint tenancy, community property, sole and separate property, etc.)

Applies to

Petition for distribution

A petition for distribution must characterize property as separate or community property and specify the interest being distributed when community property is involved.

A petition for distribution must describe the character of the property, whether separate or community. If some portion of the estate consists of community property, the petition must show whether the interest to be distributed is the decedent's one-half (1/2) interest in the community property or the community property of both spouses.

Applies to

Letters of appointment

After termination of the conservatorship of the estate, new Letters issue only for the conservatorship of the person.

Following termination of the conservatorship of the estate, new Letters shall issue for the conservatorship of the person only.

Applies to

Fiduciary declaration

The fiduciary declaration must identify the financial institution representative who stated that the required records could not be produced.

The name of the financial institution representative who represented that the institution does not or cannot on request produce statements or records required by this rule;

Applies to

Fiduciary declaration

The fiduciary declaration must state the date the fiduciary spoke with the financial institution representative.

The date the fiduciary spoke with the representative;

Applies to

Fiduciary declaration

The fiduciary declaration must state any other basis supporting the claim that the institution cannot produce the required records.

Any other basis the fiduciary bases the claim that the financial institution does not produce or provide such statements or records.

Applies to

Accounting report

An accounting report receiving electronic financial or residential-care-facility statements should allege that fact, and copies should be printed and provided or filed electronically.

If financial institution records and/or residential care facility statements required to be submitted with an accounting are only received electronically, the report should so allege and copies of the electronic statements should be printed and provided or copies filed electronically.

Applies to

Jury instructions

The requested CACI instruction numbers should be submitted separately from completed forms; completed forms are unnecessary unless they contain multiple fill-ins.

A page or pages with the numbers of the CACI instructions requested should be submitted separate from the completed forms (which are not necessary unless there are multiple “fill-ins,” in which case, please submit).

Applies to

Exhibits

Exhibits should be exchanged and pre-marked before trial in the anticipated order and form of presentation.

Exhibits should be exchanged between counsel before commencement of trial and should be pre-marked in the anticipated order and form of presentation.

Applies to

Exhibits

The court should receive five exhibit sets from each proponent, or one joint set, except for photographs shown electronically.

The court should be provided with 5 sets** from each proponent, or one if joint: 1) Official, 2) Court, 3) Witness, 4) Opposing Counsel, 5) Proponent. (** this does not apply to photographs that will be shown electronically)

Applies to

Exhibits

If only part of a multipage exhibit is to be addressed, counsel should prepare five extra copies of that page for presentation to the clerk.

However, should counsel find that they are in the above situation, they should have 5 extra copies ready of “page 27,” which will be presented to the clerk and offered as the “next in order.”

Applies to

Exhibits

The court should receive five exhibit sets from each proponent, or one joint set.

The court should be provided with 5 sets** from each proponent, or one if joint: 1) Official, 2) Court, 3) Witness, 4) Opposing Counsel, 5) Proponent.

Applies to

Exhibits

Exhibits should be pre-marked in the anticipated presentation order.

Exhibits should be pre-marked in the anticipated order of presentation.

Applies to

Exhibits

If only one page of a multipage exhibit must be addressed, counsel should prepare five extra copies of that page for the clerk.

However, should counsel find that they are in the above situation, they should have 5 extra copies of “page 27” ready, which will be presented to the clerk and offered as the “next in order.”

Applies to

Default judgment

The court prefers entry-of-default-judgment applications to be submitted on written declarations and reviews applications in the order received.

The Court prefers that applications for entry of default judgment (commonly referred to as “default prove ups”) be made on written declarations pursuant to Code of Civil Procedure section 585, subdivision (d). The Court reviews each submitted application for entry of default judgment in the order received.

Applies to

Proposed order

A proposed order regarding remote appearance is not required.

A proposed Order Regarding Remote Appearance (form RA-020) is not required to be filed.

Applies to

Stipulation

For good cause shown, the court may accept a stipulation signed only by the attorneys.

For good cause shown, the court may accept a stipulation signed only by the attorneys.

Applies to

Appearance stipulation and waivers

The respondent’s first appearance in judgment documents may be made using the Appearance, Stipulation and Waivers form or the applicable boxes, and a first paper-filing fee may be required.

B. Appearance, Stipulation and Waivers form or by including the applicable box(es). A first paper-filing fee may be required.

Applies to

Conference request

Any party may request a Status Conference or Family Centered Case Resolution Conference by filing form TFL-15.

Any party may request to have a case set for a Status Conference hearing or Family Centered Case Resolution Conference. The request shall be made by filing a “Request for Status or Family Centered Case Resolution Conference”, form TFL-15.

Applies to

Case resolution conference

A Settlement Conference Statement is not required before a Case Resolution Conference unless the judicial officer directs otherwise.

Unless otherwise directed by a judicial officer, a Settlement Conference Statement does not need to be filed prior to a Case Resolution Conference.

Applies to

Juvenile records disclosure petition

The required JV-570 form is available from the Juvenile Dependency Clerk’s Office and the Judicial Council website.

Forms are available in the Juvenile Dependency Clerk’s Office and on the Judicial Council website at www.courts.ca.gov.

Applies to

Discovery

Pre-hearing discovery is informal, and all relevant nonprivileged material must be timely disclosed to all parties.

Pre-hearing discovery shall be conducted informally. Except as protected by privilege, all relevant material shall be disclosed in a timely fashion to all parties of the litigation.