Imperial Superior Court Document Filing Requirements

Applies to

Forms

The forms must be translated into English after receiving the Mexican Court’s Certificate of Execution and cover letter.

After you receive the certificate of execution and cover letter from the Mexican Court, you must translate the forms into English.

Applies to

Trial brief

Must include

certificate of service

A proof of service on the other party must be attached to the trial brief.

A proof of service on the other party is attached hereto.

Applies to

Response to petition for grandparent visitation

A completed Judicial Council Form FL-105 must be attached to the response.

12. A completed Declaration Under Uniform Child Custody Jurisdiction & Enforcement Act – Judicial Council Form (FL-105) is attached.

Applies to

Request to vacate civil assessment

A request to vacate a civil assessment based on good cause must include written proof covering the relevant period for the stated grounds.

If you have good cause to excuse your failure to pay, complete the information below. Written proof of any of the following must be attached and cover the time period in question.

Applies to

Request to vacate civil assessment

The request to vacate must include an explanation of the defendant’s failure to pay or appear.

The following is an explanation for my failure to pay or appear:

Applies to

Trial brief

A trial brief and statement of the case are required for trial.

Trial Briefs and a Statement of the Case must be submitted to the Court at least five (5) court days before the Trial Management Conference in the case of a jury trial, or the trial date in the case of a court trial.

Applies to

Proposed jury instructions

The parties must submit the full text of proposed jury instructions on the scheduled trial date.

On the scheduled trial date, the parties shall submit the full text of proposed jury instructions to the Court.

Applies to

Request to vacate civil assessment

The request to vacate must include the stated declaration under penalty of perjury.

I declare under penalty of perjury that the above is true and correct to the best of my knowledge.

Applies to

Ex parte judgment application

An ex parte stipulated-judgment application must state the case type, original-complaint filing date, and whether the proposed judgment fully disposes of the case.

All ex parte applications for judgment, pursuant to stipulation, shall state the type of case, date of filing of original complaint, and whether the proposed judgment is fully dispositive of the case.

Applies to

Request to vacate civil assessment

The Request to Vacate Civil Assessment form is approved for mandatory use.

Form Approved for Mandatory Use

Applies to

Application for ex parte relief

Must include

proposed order

An ex parte request to continue a trial date must be filed as an application for ex parte relief with a proposed order listing the proposed new trial and trial management dates.

An ex parte request to continue a trial date to a new date shall be submitted and filed as an application for ex parte relief. The application will also include a proposed order listing the proposed new trial date and proposed new trial management date.

Applies to

Notice of motion

The moving party must specify the hearing date, time, and department in the notice of motion.

The moving party shall set the date of hearing by specifying the date, time, and department in the notice of motion, in accordance with statute.

Applies to

Order shortening time

Every order shortening time must include a complete briefing schedule with filing dates and times for the moving papers, opposition, reply, and proofs of service, and the time and manner of service.

All orders shortening time shall contain a complete briefing schedule, including the date and time for filing the moving papers, the opposition, the reply and proofs of service, as well as the time and manner of service of all motion papers.

Applies to

Misdemeanor window arraignment

The Misdemeanor Window Arraignment form must be signed by the defendant's attorney of record.

4. This form must be signed by defendant’s attorney of record.

Applies to

Written objection

Written evidentiary objections must be in a separate document identifying the challenged page and line and stating the grounds of objection.

Any written objection shall be contained in a separate document, shall state the page and line number of the document to which objection is made, and state the grounds of the objection, in the same manner as a motion to strike evidence made at trial.

Applies to

Bond or undertaking declaration

When a bond or undertaking may be considered or is requested, a declaration must provide facts for determining the appropriate amount.

In any case, where a bond or undertaking may be considered or is requested, a declaration must be submitted setting forth facts from which the Court may determine the appropriate amount of bond or undertaking.

Applies to

Change of plea form addendum

The change-of-plea form addendum must have the Change of Plea Form attached as Exhibit A, setting out all plea terms and conditions.

Attached hereto as Exhibit A is the Change of Plea Form that sets forth all terms and conditions of the plea.

Applies to

Motion

Specified punitive-damages, SLAPP, and protective-order motions must include a separate statement identifying the causes-of-action elements and supporting evidence.

The following motions shall include a separate statement identifying the elements of the various causes of action set forth in the complaint and setting forth evidence in support of each element: (1) Claim for Punitive damages against health care provider (Section 425.13 of the Code of Civil Procedure); (2) Claim against religious corporation for punitive damages (Code of Civil Procedure Section 425.14); (3) Claim against volunteer director or officer of nonprofit corporation (Section 425.14 of the Code of Civil Procedure); (4) Opposing motions to strike in SLAPP suits (Section 425.16 of the Code of Civil Procedure); (5) Protective orders (Section 3295 of the Civil Code) (prima facie evidence of liability for punitive damages).

Applies to

Separate statement

The required separate statement must follow the form prescribed by CRC 3.1350.

The separate statement shall be in the form set forth in the CRC 3.1350.

Applies to

Motion to amend pleadings or file cross complaint

A motion to amend a pleading or for leave to file a cross-complaint must be accompanied by the original signed proposed pleading.

When filing a motion to amend a pleading or for leave to file a cross-complaint, the original signed proposed pleading shall be lodged with the Court when the moving papers are filed.

Applies to

Sanctions declaration

A request for monetary sanctions must include a declaration describing the attorney work, time expended, and reasonable hourly rate.

When monetary sanctions are sought, a declaration must be submitted, setting forth the nature of the attorney work performed, the amount of attorney time expended, and the sum deemed to be a reasonable hourly rate for the serviced performed.

Applies to

Ex parte order, judgment, or decree

An ex parte order, judgment, or decree must be written, signed by the judge, and filed and served within two days or it may be voidable.

Any order, judgment, or decree made by a judge ex parte must be in writing, signed by the judge, and filed and served within two (2) days thereafter or it may be voidable.

Applies to

Extraordinary writ petition or motion

A noticed motion under Code of Civil Procedure section 1005 should be used when possible and must be used when no alternative writ is sought or the alternative-writ application is denied.

A noticed motion procedure in compliance with Code of Civil Procedure § 1005 should be used whenever possible, and must be used if no alternative writ is sought, or where application for the alternative writ is denied by the court.

Applies to

Alternative writ petition

When an alternative writ is sought initially, the petition must be filed, fees paid, and a judge assigned.

Where an alternative writ is sought in the first instance, the petition must be filed, fees paid and a judge assigned.

Applies to

Findings and order after hearing

Must include

proposed order

The requester asks the Court to sign the attached Findings and Order after Hearing.

I ask the Court to please sign the attached Findings and Order after Hearing.

Applies to

Arbitration brief

Unless excused by the arbitrator, an arbitration brief must include a concise statement of facts, each party's legal and factual contentions, and a statement of damages sought.

At the time of the arbitration hearing, or at any other time designated by the arbitrator, each party or attorney shall, unless excused by the arbitrator, submit the following: (b) An arbitration brief consisting of: (1) A concise statement of facts; (2) Legal and factual contentions of each party; (3) A statement of damages sought to be awarded including the amount claimed, medical expense, and property damage;

Applies to

Uninsured underinsured motorist declaration

An uninsured or underinsured motorist complaint must be accompanied by a declaration identifying the case, insurer, and amount of coverage.

If a complaint includes an uninsured/underinsured motorist claim as defined under Section 68609.5 of the Government Code and Section 11580.2 of the Insurance Code, Plaintiff shall file a declaration stating the case is an uninsured/underinsured motorist case, the name of insurance carrier, and amount of coverage.

Applies to

Proposed class notice

The prevailing party must file and serve a proposed class notice and related statement at least three court days before the class certification conference.

Three (3) court days prior to the class certification conference, the prevailing party in a motion for class certification shall file with the Court and serve personally or by fax on the other appearing parties a proposed notice to the class of pendency of a class action, and a statement containing the following information:

Applies to

Payment order

Must include

proposed order

When the responsible person agrees to the Probation Department's recommendation, Probation must prepare a proposed payment order containing that person's written consent and submit it to the court for signature.

When a defendant (parent or other responsible person) agrees with the recommendation of the Probation Department, the Probation Department shall prepare a proposed order, containing the written consent of the defendant (or parent or other responsible person); and, shall submit the same to the Court for signature.

Applies to

Notice of motion

The first page of a notice of motion must state that an evidentiary hearing is requested and provide an estimated duration.

In motions involving an evidentiary hearing, the moving party must specify on the first page of his/her notice of motion that an evidentiary hearing is requested and the estimate of time needed.

Applies to

Motion to suppress

A motion relying on prior-proceeding transcript testimony must identify the testimony by transcript page and line.

Where a moving party on a motion under Penal Code §§ 995 or 1538.5 intends to rely upon testimony in a transcript of prior proceedings, a reference to such testimony identified as to page and line number in the transcript shall be included

Applies to

Motion to suppress

A motion to suppress must identify the specific property or evidence sought to be suppressed rather than request suppression of all seized items generally.

A motion to suppress evidence must set forth the specific items of property or evidence that the moving party seeks to suppress. A general request to suppress “all items seized” or similar language is not sufficient.

Applies to

Motion to suppress

A suppression motion must state the precise grounds for suppression and explain why the search or seizure justification is inadequate.

Defendant must specify the precise grounds for suppression of the evidence, including the inadequacy of any justification for the search and seizure.

Applies to

Opposition

When suppression is sought solely because no warrant existed, the People's opposition must specify the justification for the warrantless search.

If defendant’s motion alleges the lack of a warrant as the sole basis for suppression, any opposition filed by the People shall specify the justification for the warrantless search.

Applies to

Reply brief

The defendant must file and personally serve a reply brief at least two court days before the hearing identifying the inadequacies of the justification.

The defendant shall then file and personally serve a reply brief at least two court days before the hearing specifying the inadequacies of the justification.

Applies to

Memorandum of points and authorities

A suppression memorandum must include a statement of the case and a statement of relevant procedural and factual matters.

A memorandum of points and authorities must include a statement of the case and a statement of facts setting forth all procedural and factual matters relevant to the issue presented.

Applies to

Memorandum of points and authorities

The suppression memorandum must clearly identify the factual and legal issues and the specific legal authority relied upon.

The memorandum must clearly specify the factual and legal issues raised and the specific legal authority relied upon for the motion.

Applies to

Settlement agreement

When parties in a parentage, dissolution, legal-separation, or nullity case agree to settle, they must complete FL-11 and attach the applicable listed Judicial Council forms.

If the parties to a parentage case, dissolution, legal separation or nullity both agree to settle the case, complete the Settlement Agreement-Local Form (FL-11), with the following attached Judicial Council forms if applicable:

Applies to

Discovery motion

A discovery motion must include a counsel declaration under penalty of perjury describing prior cooperative and informal discovery efforts and the opposing party's noncompliance.

In accordance with Penal Code section 1054 et seq., discovery motions must include a declaration by counsel, under penalty of perjury, setting forth the previous oral and written efforts to obtain discovery by cooperative and informal means, and showing how the opposing party has failed to comply with Penal Code section 1054.1 or 1054.3.

Applies to

Discovery motion

The discovery motion must be limited to the disputed items or class of items identified in counsel's declaration.

The motion must be limited to the disputed items, or class of items, listed in the declaration.

Applies to

Bail increase decrease application

An application to increase or decrease bail must use the local Request for Increase/Decrease in Bail form, Form CR-01.

Any application pursuant to Penal Code §1269c for an order setting bail in an amount greater or less than the amount specified by the bail schedule shall be made on local form “Request for Increase/Decrease in Bail” (Form CR-01).

Applies to

Bail increase decrease application

A person requesting a bail reduction or increase must disclose all earlier bail applications.

Any person requesting a bail reduction or increase shall disclose all other applications that have been made prior to the subject request.

Applies to

Mediation agreement

Any mediation agreement reached by the parties must be filed in the court case file.

Once the parties come to an agreement, the agreement shall be filed within the court case file.

Applies to

Trial brief

A Guideline Calculation must be attached to the trial brief.

A Guideline Calculation must be attached and is available online at www.childsup.gov or at the Court Access Center.

Applies to

Case management questionnaire

All counsel and self-represented parties must file and serve a completed FL-03 on all parties at least 20 days before the initial case-management conference.

At least twenty (20) days before the initial case management conference, all counsel, and/or self-represented parties must file and serve on all parties a completed Case Management Questionnaire (FL-03).

Applies to

Case management questionnaire

When a further case-management review conference is scheduled, all counsel and self-represented parties must file and serve a new completed FL-03 on all parties.

If a further review/case management conference is scheduled, all counsel, and/or self-represented parties must file and serve on all parties a new completed Case Management Questionnaire (FL-03).

Applies to

Trial brief

Each counsel and self-represented party must prepare, serve, and file a Trial Brief at least 15 days before trial.

Each counsel and /or self-represented party shall prepare, serve, and file a Trial Brief at least fifteen (15) days before trial.

Applies to

Trial brief

The Trial Brief must confirm that the preliminary disclosure statements were served and filed with the court.

(1) A confirmation that the preliminary disclosure statements have been served and filed with the court;

Applies to

Trial brief

The Trial Brief must summarize all resolved issues and, when a resolution is by written agreement, include a copy of that agreement.

(2) A summary of all issues resolved; if the resolution is by written agreement, a copy of the agreement;

Applies to

Income expense declaration

An Income and Expense Declaration must include specified financial, employment, household, income-source, and self-employment information, with supporting attachments when applicable.

In supplying Income and Expense Declarations for the Court’s consideration, the party must include the following (on attachments, if necessary): (a) Wage earners shall attach legible copies of their last two months’ pay stubs, or a declaration by their employer establishing that no such stubs exist. (b) Employment benefits whether in cash or in kind. (c) If applicable, an explanation of why the party is currently unemployed and the nature of efforts made to seek new employment. (d) Where employment is seasonal, a description of the employment. (e) The identity of all income-producing household members, their relationship to a party, gross and net income, contribution to household expenses, and financial arrangements between the parties, if any. (f) A complete description of all other sources of income. (g) Self-employment and business income, with supporting documentation including, but not limited to, current business tax returns and/or verified profit and loss statements.

Applies to

Proposed default judgment

A proposed default judgment awarding child support must attach Judicial Council-certified computer-generated support calculations.

(a) When a proposed default judgment contains an award of child support, a copy of support calculations generated by computer software certified by the Judicial Council must be attached.

Applies to

Proposed judgment

A proposed child-support judgment for a public-assistance recipient or a party with a separate county child-support enforcement case must include the specified agency attachment or conformed current order.

(b) Where a proposed judgment contains an order for child support for a party who has requested or is currently receiving public assistance, or where child support is currently being enforced by Imperial County Department of Child Support Services in a separate case, the Judgment must have an attachment from the Imperial County Department of Child Support Services or a conformed copy of the current order.

Applies to

Proposed default or uncontested judgment

Parties seeking default or uncontested judgments involving child custody or visitation must file a declaration describing parent-child contact during the preceding six months, and may use specified Judicial Council forms.

Parties seeking entry of a default judgment or uncontested judgment in cases involving child custody or visitation issues must file a declaration informing the court of the extent of contact between the parents and the child(ren) during the last six months at the time the proposed judgment is entered. California Judicial Council Forms (FL-170), (FL-230), and (MC-030) may be used for this purpose.

Applies to

Updated custody declaration

A party must file an updated FL-105 declaration when a child’s residence changes.

Any change to the residence of the child(ren) requires the filing of an updated Declaration Under Child Custody Jurisdiction and Enforcement Act- Judicial Council Form (FL-105).

Applies to

Attorney fees and costs request

A request for attorney’s fees and costs must be accompanied by a current FL-150 income and expense declaration.

If request is made for an order for attorney's fees and costs, the requesting party shall file a current Income and Expense Declaration- Judicial Council Form (FL-150).

Applies to

Attorney fees and costs request

A declaration requesting attorney’s fees and costs must state the listed services, costs, billing, property access, requested amounts, payments, prior awards, income disparity, ability to pay, and other relevant factors.

The requesting party or his or her attorney shall also file a declaration which shall include: (a) The services performed and costs incurred to date; (b) The time expended; (c) The hourly billing rate if applicable; (d) The best estimate of future services to be performed, costs to be incurred, and reason therefore; (e) Each party’s access to community property; (f) The specific amounts requested; (g) The total amount paid by or on behalf of the party requesting fees and costs; (h) A history of prior appearance and awards; and (i) The extent to which there is a disparity of income between the parties. (j) The ability of one party to pay for legal representation for both parties. Any other relevant factors.

Applies to

Findings and orders after hearing

A moving party filing a motion or Request for Order must provide proposed Findings and Orders After Hearing when filing.

the judge. A moving party filing a motion or a Request for Order shall provide a Proposed Findings and Order After Hearing at the time of filing

Applies to

Request for order

Must include

proposed order

A request for appointment of an elisor must include at least one supporting declaration listing the exact documents for signature and must be accompanied by a proposed order.

The request for order must include at least one supporting declaration with a list of the exact documents the elisor is being asked to sign. The request must be accompanied by a proposed order.

Applies to

Discovery motion

A party may petition the court for discovery only after exhausting informal means, and the noticed motion must explain 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. A 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

Ex parte application

The original notice declaration and accompanying ex parte application must be submitted to the clerk in the civil department.

The original declaration and accompanying application for order must be submitted to the clerk in the civil department.

Applies to

Petition for modification

A request for temporary relief must include evidence demonstrating that temporarily granting the relief is in the minor's best interests.

Any such request for temporary relief shall be accompanied by evidence demonstrating that the order temporarily granting the relief sought in a petition for modification is in the best interests of the minor.

Applies to

Petition for modification

A request for temporary relief must state in the modification petition that temporary relief is sought and describe its specific nature.

Any party seeking an order temporarily granting the relief sought in a petition for modification pending the hearing on that petition, shall specify in the petition the fact that temporary relief is being sought and the specific nature of the temporary relief sought.

Applies to

Ex parte application

Every ex parte application for out-of-state travel or medical or dental care must include the information itemized in the rule.

All such ex parte applications shall include the following information.

Applies to

Ex parte application

The application must state the name and address of every party and every party's counsel.

the name and address of each party to the action, and the name and address of each party’s counsel;

Applies to

Ex parte application

The application must describe the efforts made to obtain parental or guardian consent or notice concerning the proposed travel or care.

the efforts made to obtain the consent of and/or give notice to the parents or guardians of the minor of the proposed travel or medical/dental care;

Applies to

Ex parte application

If a parent or guardian refuses the proposed travel or medical or dental care, the application must note the refusal and the known reason for it.

if a parent or guardian has refused to agree to the proposed travel or to give consent to medical/dental care, that fact shall be noted on the application, including the ground for the parent/guardian’s refusal, if known;

Applies to

Ex parte application

For a parent or guardian DSS could not locate, the application must describe the search efforts, confirm notice to the minor's counsel, and state counsel's position on the proposed travel or care.

for any parent or guardian whom DSS was unable to locate to give notice and/or obtain consent, a description of the efforts made to locate the parent/guardian; the fact the minors counsel has been notified of the proposed travel or medical/dental care, and said counsel’s position on the proposed travel or medical/dental care.

Applies to

Application

Must include

local rule certificate

Every application must include a declaration under penalty of perjury stating with particularity the grounds and reasons for the application.

All applications shall include a declaration under penalty of perjury stating with particularity the grounds and reasons for the application.

Applies to

Defendant financial statement

The defendant’s financial statement must include a declaration under penalty of perjury that the information is true and correct and that the defendant understands the notice in item 13.

Declaration of Defendant I declare under penalty of perjury that the foregoing is true and correct, and that I understand the notice contained in item 13, under the laws of the state of California.

Applies to

Change of plea form

A plea form must be attached and executed by all parties for a change-of-plea or disposition hearing.

Plea form attached. (Must be executed by all parties)

Applies to

Case management questionnaire

Must include

certificate of service

A copy of the completed Case Management Questionnaire and its Proof of Service must be brought to the Case Management Conference.

PLEASE BE SURE TO BRING A COPY OF THE COMPLETED FORM AND PROOF OF SERVICE WITH YOU TO THE CASE MANAGEMENT CONFERENCE.

Applies to

Motion

Must include

proposed order

A moving party filing a motion or Request for Order must provide proposed findings and an order at filing or in open court.

A moving party filing a motion or a Request for Order shall provide a Proposed Findings and Order After Hearing at the time of filing or in open court.

Applies to

Ex parte request

The application must state why the ex parte request cannot be heard on the court’s regular motion calendar.

You must specify why this request cannot be heard on the court’s regular motion calendar.

Applies to

Ex parte request

The reasons section must contain only factual information within the declarant’s personal knowledge and may not contain conclusions, feelings, or fears.

Only include factual information within your personal knowledge, and not conclusions, feelings or fears.

Applies to

Ex parte request

If custody or visitation is at issue, the application must clearly show a risk of immediate harm to the child or children or an immediate risk that the children will be removed from California.

IF CUSTODY OR VISITATION IS AT ISSUE, YOU MUST CLEARLY SHOW WHY THERE IS A RISK OF IMMEDIATE HARM TO YOUR CHILD OR CHILDREN, OR WHY THERE IS AN IMMEDIATE RISK THAT YOUR CHILDREN WILL BE REMOVED FROM CALIFORNIA.

Applies to

Settlement agreement

In a default case, the respondent’s signature on the settlement agreement must be notarized.

Note: In a default case, the signature of the respondent on the settlement agreement must be notarized.

Applies to

Judgment

The completed and signed settlement agreement and its applicable attachments must be attached to Judgment FL-180, which must then be submitted with the other documents required to complete the case.

Attach the completed and signed Settlement Agreement and applicable attachments to the Judgment (FL-180). Submit the Judgment with the other documents required to complete the case.

Applies to

Post grant joinder filing package

Attend the hearing; if the motion for joinder is granted, file the listed forms and ask the filing clerk to issue the Summons (FL-105).

4. Attend the hearing. If the motion for joinder is granted, file the following forms: • Petition for Joinder – Local Form(FL-13), • Child Custody and Visitation Application Attachment – Judicial Council Form (FL-311) • Declaration Under Uniform Child Custody Jurisdiction & Enforcement Act Ask the filing clerk to issue the Summons – Judicial Council Form (FL-105).

Applies to

Visitation request form

The petitioner must print the date, name, and signature in the designated signature area, with a second signature line for a spouse if applicable.

Below item 6, print the date and your name and sign your name to the right above the words “Signature of Petitioner.” The second line is for your spouse, if applicable.

Applies to

Visitation request form

If a parent supports the visitation request, that parent must complete the form’s consent section below the signature lines.

If one of the parents supports your request for visitation, he or she must complete the consent section of the form, below your signature(s).

Applies to

FL-105

The FL-105 form must include the filer’s name, mailing address, and telephone number at the top of the page.

At the top of the page, print your name, mailing address, and telephone number.

Applies to

FL-105

Must include

caption

The FL-105 form must identify the petitioner and the parents’ names in the Case Name box.

In the third box down, print your name and the parents’ names next to the words “Case Name.”

Applies to

FL-105

The FL-105 residence section must state the child’s residence periods for the last five years, or since birth for a child younger than five, including the date the child moved into the current home.

Under “period of residence,” provide the time period the child lived at each address during the last 5 years, or to the child’s date of birth if less than 5 years old. The first line is for the current information. Print the date that the child moved into the home where the child now resides.

Applies to

FL-105

Each child residence period on the FL-105 must include at least a city and state.

You must include at least a city and state for each period of residence or the Court will be unable to make custody or visitation orders.

Applies to

FL-105

If the child’s five-year residence history does not fit in the FL-105 boxes, the filer must check box c and attach an Additional Residence Information page listing the remaining addresses.

If there have been more addresses for the child(ren) than will fit in the boxes provided, check box c and attach an additional page labeled “Additional Residence Information.” Use this additional page to list all other addresses for the past five years in the same way you listed the most recent addresses.

Applies to

FL-105

For more than two children, the filer must check box d and complete and attach Form FL-105(A) with the same residence information for the additional children.

If there are more than 2 children, check box d located at the bottom of the form and complete and attach form FL-105(A). Use this form to list the same information for the additional children as was included for the first two children.

Applies to

Case forms

Must include

page count

Make three copies of the Summons, UCCJEA declaration, and grandparent-visitation petition, or four copies if a spouse is a party.

You must make three copies (four copies if your spouse is a party) of both the Summons, the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Petition for Grandparent Visitation.

Applies to

Forms

Must include

caption, judge name, page count +8 more

All forms in the court file, including the Request and Essential Information, must be translated into Spanish after receiving the Apostille; the translation need not be certified.

After you receive the Apostille from the Secretary of State, you must translate all the forms in your court file into Spanish, including the Request, and Essential Information.

Applies to

Letters rogatory service package

The original Letters Rogatory, Secretary of State Apostille, respondent’s conformed case copy, blank response forms, and blank Certificate of Execution must be submitted to the Mexican family court where the respondent resides.

Submit the following documents to the Mexican family court in the state where the respondent resides: Original four-page Letters Rogatory; Apostille from Secretary of State; Respondent’s conformed case copy; Blank Response forms; Blank Certificate of Execution

Applies to

Court file forms

All forms in the court file, including the Petition and Essential Information, must be translated into Spanish after receiving the Secretary of State's apostille.

Cuando reciba la Apostilla del Secretario de Estado, debe traducir al español todos los formularios en su expediente judicial, incluyendo la Petición e Información Esencial.

Applies to

Submission to mexican family court

The original four-page letters rogatorias, Secretary of State apostille, conformed case copy, blank response forms for the defendant, and blank Certificate of Execution must be delivered to the Mexican family court where the defendant resides.

Entregue los siguientes documentos al tribunal de lo familiar al estado mexicano en el cual reside el demandado: Cartas Rogatorias originales de 4 páginas; Apostilla del Secretario de Estado; Copia conformada del caso y los Formularios de Respuesta en blanco para el demandado; Certificado de Ejecución en blanco.

Applies to

Submission to mexican family court

When submitting the required documents, make two copies consisting of the original, one copy for the Mexican court, and one copy for yourself.

Sáque 2 copias: el Original y 1 copia para el tribunal mexicano y 1 copia para Ud.

Applies to

Request for letters rogatory

The request for letters rogatory must include the prescribed declaration that the stated facts are true and correct under penalty of perjury.

Declaro so pena de perjurio conforme a las leyes del estado de California que lo anterior es verdadero y correcto.

Applies to

Request for letters rogatory

A request for issuance of letters rogatory for service in Mexico must use the approved mandatory FL-18 SP form.

Formulario Aprobado para Uso Obligatorio SOLICITUD EX PARTE PARA LA EMISIÓN FL-18 SP (Se adoptó 01/01/14) DE CARTAS ROGATORIAS PARA EMPLAZAMIENTO EN MÉXICO

Applies to

Request for international judicial assistance

A request for international judicial assistance for service in Mexico must use the approved mandatory FL-18A SP form.

Formulario Aprobado para Uso Obligatorio imperial.courts.ca.gov FL-18A SP (Se adoptó 01/01/14, SOLICITUD DE AUXILIO JUDICIAL INTERNACIONAL Se revisó 01/01/15) PARA EMPLAZAMIENTO EN MÉXICO Página 1 de 4

Applies to

Proposed judgment

A proposed judgment must be prepared for the judge’s signature after trial.

You must prepare a Judgment for the judge to sign.

Applies to

Proposed judgment

The proposed judgment should use form FL-180 with the stated trial and decision information, and form FL-190 is also required.

Start with FL-180, and Judgment answer the date and courtroom where the case was heard, the name of the judge and the people who attended, and what kinds of decisions the judge made. Add additional pages as needed to accurately reflect the decision. Form FL-190 is also needed.

Applies to

Proposed judgment

After the 10-day review period, the original proposed judgment may be filed with at least two copies, the Declaration Regarding Judgment After Trial, the Letter to the Other Party, and two stamped self-addressed envelopes.

After waiting the 10 days, you may now take the proposed judgment with the “Declaration Regarding Judgment After Trial,” and a copy of the “Letter to the Other Party” to the filing File clerk. Be sure to file your original with at least two copies. Include two self-addressed and stamped envelopes for the clerk to mail back each party’s copies signed by the judge.

Applies to

Child support case registry

For child support orders, both parties must complete form FL-191; form FL-195 may also be completed to process payments through the State Disbursement Unit.

If there are any child support orders, both parties must complete a Child Support Case Registry (FL-191). You may also fill out an Income Withholding for Support (FL-195) for For Child Support Orders payments to be processed through the State Disbursement Unit.

Applies to

Declaration regarding judgment after trial

The declaration regarding judgment after trial must include a letter explaining the other party's available steps and state whether any response was received after ten calendar days.

I also included a letter to the other party explaining the steps they may take. Ten calendar days have passed since service upon the other party and ☐ I have not received any response. ☐ I have received the following response(s) from the other party:

Applies to

Petition for relief from duty of parental support

The petition must be accompanied by local Form GN-01 requesting a hearing for relief from the duty of parental support.

I am also filing local Form GN-01, Request for Hearing Requesting Relief from the Duty of Parental Support.

Applies to

Subsequently filed papers

Must include

judge name

All subsequently filed papers must identify the assigned judge on the first page immediately to the right of the caption.

Thereafter, it shall be the duty of the parties to ensure that subsequently filed papers bear the name of assigned judge on the first page immediately to the right of the caption.

Applies to

Jury fee deposit

A jury fee deposit must be accompanied by a notice of the deposit.

All jury fee deposits shall be accompanied by a notice of jury fee deposit, which shall be served on all parties.

Applies to

Declaration of non opposition

An ex parte relief application accompanied by a signed declaration of non-opposition will be ruled on in Chambers.

If a declaration of non-opposition signed by opposing parties/counsel is submitted/filed with the application for ex parte relief, the application for ex parte relief will be ruled on in Chambers.

Applies to

Joinder

A joinder may not include separate points and authorities or evidence and is deemed to incorporate the arguments and evidence from the related motion, opposition, or reply.

A joinder may not include separate points and authorities or evidence, but will be deemed to incorporate the arguments and evidence submitted in connection with the motion, opposition, or reply to which the joinder relates.

Applies to

Joinder

If additional materials are needed to grant the requested relief, the joining party must file a separate motion, opposition, or reply.

If additional materials are necessary for the Court to grant the requested relief in favor of the party seeking to join in the motion or opposition, a separate motion, opposition, or reply must be filed.

Applies to

Bond or undertaking declaration

Failure to timely file the bond or undertaking declaration may result in denial of the requested relief.

Failure to timely file such a declaration may result in a denial of the relief being sought.

Applies to

Trial brief

A trial brief must identify each witness by address, telephone number, and subject matter, and must attach curriculum vitae for expert witnesses.

7. I intend to call the following witnesses to testify. List witness address, phone number, and subject matter. Attach curriculum vitae for experts.

Applies to

Trial brief

A trial brief must list the documents intended for introduction at trial.

8. I intend to introduce the following documents at trial:

Applies to

Notice of motion

Parties may agree to stipulated mediation by filing the Stipulation for Mediation Form (FL-05) with the relevant notice of motion or order to show cause.

The parties may agree to mediation before a hearing on a notice of motion or order to show cause by filing the Stipulation for Mediation Form (FL-05) with a notice of motion or order to show cause.

Applies to

Written notice

If a custody or visitation dispute is resolved before mediation, the moving party or attorney must promptly notify the other party or attorney and inform the court in writing.

If a disputed custody or visitation issue is resolved prior to mediation, the moving party or attorney must promptly notify the other party or attorney, and inform the Court in writing.

Applies to

Trial brief

Curriculum vitae must be attached for any expert witnesses intended to testify.

I intend to call the following witnesses to testify. Attach curriculum vitae for experts.

Applies to

Case management questionnaire

Must include

certificate of service

A Proof of Service form should accompany the original Case Management Questionnaire filed with the court.

A Proof of Service form should be attached to the original form that is filed with the court.

Applies to

Notice

Notice to the court may be filed using Judicial Council Form JV-540 or a declaration, but the notice must state the protected or pursued interest, the relevant agency or judicial forum and its known address, and the nature of the contemplated or ongoing proceedings.

(b) Notice to the Court may be given by the filing of Judicial Council Form JV-540 or by the filing of a declaration. In either case, the person giving notice shall set forth the nature of the interest or right which needs to be protected or pursued, the name and address, if known, of the administrative agency or judicial forum in which the right or interest may be affected and the nature of the proceedings being contemplated or conducted there.

Applies to

Financial evaluation meeting documents

A party must bring specified financial documents to the meeting with the Financial Evaluator.

Party will bring the following items to the meeting with the Financial Evaluator:

Applies to

Probate petition

Must include

caption

A probate petition caption must comprehensively identify the relief sought and must state when estate property will be distributed to a trust.

The caption of a petition shall be all-inclusive as to the order sought so that the matter may be properly calendared and posted, and any filing fees determined. If any part of the estate is to be distributed to a trust, the caption shall so indicate.

Applies to

Accounting or distribution petition

An accounting or distribution petition must report each independent act and state whether notice was not given, not required, or waived, but prior independent acts reported in a noticed petition need not be repeated.

In any accounting or petition for distribution, the personal representative shall report all acts taken without court authorization, approval, confirmation, or instruction that would be required if authority to administer the estate under the Independent Administration of Estates Act has not been granted (“independent acts”). With respect to each independent act, the personal representative shall state whether notice of proposed action was not given, the personal representative should allege whether such notice was not required or waived. Independent acts reported in a prior noticed petition need not again be reported in a later petition.

Applies to

Final distribution petition

A petition for final distribution should state that no independent acts were taken during administration.

If no independent acts have been taken during administration, this fact should be stated in the petition for final distribution.

Applies to

Account or distribution petition

Accounts and distribution petitions with waived accounting must state the personal representative’s commissions and attorney’s fees, their bases for calculation, and a detailed income schedule when income is used in the calculation.

In accounts, or in petitions for distribution accompanied by waiver of accounting, the report must state the amount of the personal representative’s commissions payable as well as the amount of the attorney’s fees and the basis for calculation thereof. When income is included in the basis for calculation, even though the accounting is waived, a detailed schedule of income must be presented.

Applies to

Petition for non statutory fees

Must include

caption

A petition seeking non-statutory compensation must include detailed declarations, itemized and totaled fee requests, and references to the additional fees in the caption and prayer.

A petition for services other than statutory compensation rendered in a probate or other proceeding shall include: (1) A declaration by the attorney, personal representative, trustee, or other fiduciary of the services rendered or to be rendered by each of them itemizing their services by date, time, and service rendered; (2) The sum requested for each item of service, together with the total amount requested for such services (and not merely “reasonable fees”); and (3) A reference in the caption and prayer to the additional fees.

Applies to

Plea form

A defendant who wishes to plead guilty or no contest must complete the advisement form and initial each applicable item only after understanding it.

Fill out this form if you wish to plead guilty or no contest to the charges against you. Initial each applicable item only if you understand it.

Applies to

Request for sentence modification

A request for sentence modification seeking community service must be filed with Judicial Council Form MC-210, the Defendant’s Financial Statement and Notice to Defendant.

This form may be submitted to the Court and must be filed with the “Defendant’s Financial Statement and Notice to Defendant” (Judicial Council Form MC-210) if requesting community service at the time it is submitted to the Court.

Applies to

Joinder filing

The specified forms must be completed.

1. Complete the following forms:

Applies to

FL-105

A party who has a copy of the order must attach it.

If you have a copy of the order, attach it.

Applies to

Notice of matter to be taken off calendar

When requesting removal from calendar based on the other party's agreement, both parties must sign the optional notice form.

b. The other party has filed a response and agrees to have the matter taken off calendar. (Both parties must sign below)

Applies to

Motion in limine

Motions to exclude collateral-source evidence or evidence of settlement offers and discussions are automatically granted and need not be in writing.

The following motions will be automatically granted and need not be put in writing: (1) motions to exclude evidence of a collateral source, (2) motions to exclude evidence of offers to settle and/or settlement discussions.

Applies to

Formal order granting good faith settlement

A formal order granting a good-faith-settlement motion should use the prescribed language concerning the grant under Code of Civil Procedure section 877.6 and the resulting bar on further contribution or indemnity claims.

The following language should be utilized in any formal order granting a good faith settlement motion: “The [unopposed] motion for good faith settlement [and dismissal] filed by [name of party] is granted pursuant to Section 877.6 of the Code of Civil Procedure. This determination bars any other joint tortfeasor or co-obligor from any further claims against the settling parties for equitable comparative contribution or partial or comparative indemnity based on comparative negligence or comparative fault.”

Applies to

Formal order granting good faith settlement

When a concurrent dismissal motion has been properly noticed, the order should include prescribed language dismissing specified cross-complaints.

If a concurrent motion for dismissal has been properly noticed, the following should be added to the order: “All cross-complaints for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault against the settling tortfeasor or co-obligator are hereby dismissed.”