Kern Superior Court Document Filing Requirements

Applies to

Probate order

Must include

judge name

Every probate order must state the presiding judge’s name, the hearing date, and the department.

Orders shall contain the name of the judge presiding, the date of hearing and the department.

Applies to

Notice of assignment

The Notice of Assignment must identify the selected EH-CASA and state that the assignment was made pursuant to the standing order.

Within five business days after the assignment of the selected EH-CASA, CASA shall file with the Court and serve on all parties a Notice of Assignment Pursuant to Standing Order Number 18-____ in the affected proceeding that contains the name of the selected EH-CASA and describes the assignment as having been made pursuant to this order.

Applies to

Status report

The EH-CASA must file a Status Report Regarding the Essential History Form in each affected case.

The results of the EH-CASA's investigation shall be presented to this Court through the filing of a Status Report Regarding the Essential History Form in each affected case.

Applies to

Petition

A petitioner or defendant seeking judicial-officer review must submit a written petition.

Should the petitioner/defendant seek review by a judicial officer, a written petition must be submitted.

Applies to

First paper filing

A petitioner's first paper in an action or proceeding must be accompanied by the Family Law Case Certificate of Assignment – Venue Declaration (KRN SUP CRT FL-2427).

The first paper filed by the petitioner in an action or proceeding must be accompanied by a Family Law Case Certificate of Assignment – Venue Declaration (KRN SUP CRT FL-2427).

Applies to

Administrative record

The party lodging a CEQA administrative record must serve a Notice of Manual Filing for that record.

The party lodging the administrative record shall file electronically and serve a Notice of Manual Filing for the administrative record.

Applies to

Probate letter

Electronically filed Probate Department letters must contain the appointed individual’s signature in the affirmation section, and the signature may be electronic.

Letters filed electronically in the Probate Department must contain a signature of the appointed individual(s) in the affirmation section of the applicable form. The signature may be electronic, as defined in California Rules of Court, rule 2.257.

Applies to

Case management statement

All appearing parties must file and serve a case management statement at least 15 days before the case management conference.

All parties who have appeared in the action shall file with the court and serve on all parties a case management statement no less than fifteen (15) days prior to the date of the case management conference.

Applies to

Certificate of progress

For uninsured motorist cases, the plaintiff must file a certificate of progress every 90 days describing the insurance claim and arbitration progress.

Cases classified as uninsured motorist will be placed on a review calendar and plaintiff will file a certificate of progress every 90 days advising the court of the status of his claim against his insurer and the progress of the arbitration proceeding, if any.

Applies to

Unlawful detainer complaint

An unlawful-detainer complaint based on a notice terminating tenancy or possession must attach the original notice as an exhibit.

All complaints for unlawful detainer shall, if based upon a notice terminating the tenancy or right to possession, be accompanied by the original such notice attached as an exhibit to the complaint as required by Code of Civil Procedure section 1166.

Applies to

Unlawful detainer complaint

A residential unlawful-detainer complaint generally must include a copy of any written rental agreement or lease and amendments, subject to stated exceptions.

A complaint for unlawful detainer of residential property shall be accompanied by a copy of any written rental agreement or lease regarding the premises, including any amendments or addenda to such agreement, as required by Code of Civil Procedure section 1166, unless the complaint alleges that the lease or rental agreement is oral, that neither the original nor a copy of the written rental agreement or lease is in the possession or control of the plaintiff, or the action is based solely on subdivision (2) of Code of Civil Procedure section 1161.

Applies to

Motion to consolidate or sever cases

Must include

case number

Motions to consolidate or sever previously consolidated cases must identify each affected case number and the applicable motion, trial, and readiness dates in the title and include a proposed amended information.

Motions to consolidate or to sever cases previously consolidated for trial must reflect in their title the number of each case for which consolidation or severance is sought, the applicable motion, trial, and readiness dates, and must also include a proposed amended information.

Applies to

Application for order shortening time

Must include

proposed order

An application for an order shortening time must be presented to the Clerk's Office with a proposed order specifying service on opposing counsel and the deadline for opposing counsel's response.

Applications for orders shortening time must be presented to the Clerk's Office and must include a proposed order providing in substance that service must be made upon opposing counsel no later than a.m. /p.m. on , 20 ; and opposing counsel may file a response no later than a.m. /p.m. on , 20 , without further order from the Court.

Applies to

Petition

A prosecuting agency seeking provisional or protective remedies under Penal Code section 186.11(d)(2) must file a petition with the Criminal Division, which commences a new proceeding.

A prosecuting agency seeking one or more of the provisional or protective remedies specified in Penal Code section 186.11(d)(2) must file a petition with the Criminal Division. The filing of the petition commences a new proceeding.

Applies to

Petition

The petition must include the required Penal Code section 186.11(d)(2) allegations and identify the specific assets and property affected.

The petition must contain the allegations required under Penal Code section 186.11(d)(2), including the specific assets and property to be affected by an order under Penal Code section 186.11.

Applies to

Notice application pleading claim supplemental petition or other paper

Must include

caption, case number

Every filing in a Penal Code section 186.11 proceeding must list the assigned FP case number and the related criminal case number on the front page.

All notices, applications, pleadings, claims, supplemental petitions, and papers filed in the proceeding under Penal Code section 186.11 must list the assigned “FP” case number on the front page of the filing, and must also list the criminal proceeding case number to which it is pendent, e.g., “Case no. FP00000X [Pendent to BF00000X].”

Applies to

Application for order disclosing account information

Must include

proposed order

An application for disclosure of account information must be filed and must be accompanied by a proposed order; the application may be filed ex parte.

A prosecuting agency seeking an order requiring the disclosure of account information under Penal Code section 186.11(d)(S) must file an application for the order, which may be filed ex parte. A proposed order must accompany the application.

Applies to

Verified claim

A claim to an interest in assets or property described in provisional or protective relief proceedings must be verified and must state the property interest and its nature and amount.

Any claim that is filed by a person who claims an interest in assets or property described in a petition, supplemental petition, or order granting provisional or protective relief, must be verified. A verified claim must describe the asset or property in which the person claims an interest, and state the nature and amount of that interest.

Applies to

Application for order to show cause

Must include

proposed order

An ex parte OSC application must describe the relief sought and applicable legal authority and must include a separate proposed order.

An OSC may issue upon application to the court, which must describe the relief sought and applicable legal authority. An OSC may be issued ex parte, and the application must be accompanied by a separate proposed order.

Applies to

Application for temporary restraining order

Must include

proposed order

A TRO application must include the relief and legal-authority description, the required sworn peace-officer declaration, and a proposed TRO.

The application for a TRO must consist of: (a) an application describing the relief sought and applicable legal authority, (b) the sworn declaration of a peace officer required by Penal Code section 186.11(f)(l), and (c) the proposed TRO.

Applies to

Proposed temporary restraining order

The proposed TRO must state that it is issued pending the motion or OSC hearing and expires on the hearing date unless extended by court order.

The proposed TRO must include provisions that it is issued “pending the hearing on” the motion or OSC, and that the TRO “expires on” the date set for hearing on the motion or OSC, “unless the expiration date is extended by court order.”

Applies to

Qualified domestic relations order

A QDRO may not be submitted for approval without a plan representative's approving signature or documentation of plan approval.

No Qualified Domestic Relations Order (QDRO) may be submitted for approval unless the order includes a signature by a plan representative approving it, or there is documentation that the plan has approved the order.

Applies to

Requests for Orders, Orders to Show Cause, and Notices of Motion

Must include

certificate of service

Proof of service must be filed before a Request for Order, Order to Show Cause, or Notice of Motion is called, although the court may hear the matter if both parties appear and agree to proceed.

Proof of service must be filed before the matter is called. If there is no proof of service filed, yet both parties appear and agree to proceed, the court, in its discretion, may hear the matter.

Applies to

Income and expense declaration

At least five days before a Mandatory Settlement Conference, parties must exchange and file current Income and Expense Declarations, but an updated declaration is unnecessary when no child support, spousal support, or attorneys’ fees issues remain.

(b) At least five (5) days prior to the Mandatory Settlement Conference, the parties shall exchange and file current Income and Expense Declarations and a Settlement Conference Statement that identifies all issues in detail, and that party’s position with respect to each issue in all cases involving monetary issues. The Settlement Conference Statement shall include points and authorities, if appropriate. An updated Income and Expense Declaration will not be required if there are no remaining issues of child support, spousal support, or attorneys’ fees.

Applies to

Complaint about minor counsel

Must include

certificate of service

A complaint about appointed minor’s counsel must be written, fact-specific, filed, and served on all counsel and self-represented parties.

In a family law proceeding in which the Court has appointed counsel for a minor child or children, any party or attorney for a party in the action or the minor child may present a complaint about the performance of appointed counsel. The complaint must be in writing, fact specific, and filed and served on all counsel and self-represented parties.

Applies to

Settlement conference statement

At least five days before a Mandatory Settlement Conference involving monetary issues, each party must exchange and file a Settlement Conference Statement identifying all issues and the party’s position on each issue and including points and authorities when appropriate.

(b) At least five (5) days prior to the Mandatory Settlement Conference, the parties shall exchange and file current Income and Expense Declarations and a Settlement Conference Statement that identifies all issues in detail, and that party’s position with respect to each issue in all cases involving monetary issues. The Settlement Conference Statement shall include points and authorities, if appropriate.

Applies to

Uccjea declaration

In any original or subsequent proceeding involving child custody, visitation, or both, the parties must attach a completed UCCJEA declaration.

(a) In all original and subsequent proceedings where child custody, visitation, or both, are issues, the parties must attach a completed Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) form.

Applies to

Updated uccjea form

A party obtaining additional information must file an updated UCCJEA form and have it served on the other party.

A party has a continuing duty to file an updated UCCJEA form and have it served on the other party if he or she obtains additional information

Applies to

Confidential party identification and notice of related cases

The parties must disclose specified related cases by filing Confidential-Party Identification and Notice of Related Case(s), local mandatory form KRN SUP CRT FL-0122.

The parties must disclose the existence of any related case involving either of the parties or the minor children of the parties. Examples of related cases include family law, guardianship, domestic violence, criminal, and/or juvenile cases involving a minor child of one or both of the parties. This information shall be provided to the court by filing a Confidential-Party Identification and Notice of Related Case(s) (local mandatory form KRN SUP CRT FL-0122).

Applies to

Family law case initiating pleading and ex parte application

A completed Confidential-Party Identification and Notice of Related Case(s) must accompany every Family Law case-initiating pleading and ex parte application, be filed with the court, and not be served on any party.

A completed Confidential-Party Identification and Notice of Related Case(s) must accompany every Family Law case-initiating pleading and any ex parte applications. This document is to be filed with the court. It is not to be served on any party.

Applies to

Findings and order after hearing or judgment

Must include

local rule certificate

A completed Judicial Council Form FL-191 must accompany a Findings and Order After Hearing or Judgment containing an initial or modified child or family support order, unless the Department of Child Support Services is currently involved in collecting support.

(a) Any submission of a Findings and Order After Hearing or Judgment containing an initial order or modification of child or family support must include a completed Judicial Council Form FL- 191 Child Support Case Registry Form with the order.

Applies to

Child support case registry form

Must include

local rule certificate

An updated Child Support Case Registry Form must be completed and resubmitted within 10 days after any change to a party’s previously submitted information.

(b) Any change to a party’s information previously submitted through the Child Support Case Registry Form must be resubmitted with the completion of an updated Child Support Case Registry Form within ten (10) days of the change.

Applies to

Fl-322

Must include

local rule certificate

Attorneys appointed as counsel for minor children must file Judicial Council Form FL-322 as proof of qualifications within 10 days after appointment.

Any and all attorneys accepting appointments as counsel for minor children in family law proceedings must lodge with the Family Law Department proof of their qualifications pursuant to California Rule of Court, rule 5.242 by filing the required Judicial Council Form FL-322 in the appointed case within ten (10) days after appointment.

Applies to

Motion

Must include

proposed order

An appointed minor’s counsel who has not been relieved by a Judicial Officer must file a motion to withdraw as attorney of record.

An attorney appointed as minor’s counsel may be relieved as attorney of record by a Judicial Officer following disposition of the matter in Court. If an attorney appointed as minor’s counsel wishes to withdraw from a proceeding as attorney of record for the minor and has not been previously relieved by a Judicial Officer, he or she must file a motion seeking such relief.

Applies to

Collaborative law agreement

A Collaborative Law Case may be designated by filing a signed written agreement providing for information exchange, withdrawal of the collaborative attorney at termination, joint consultant retention unless otherwise authorized, and good-faith efforts to resolve disputes without adversarial judicial intervention.

A case may be designated a “Collaborative Law Case” upon the filing of a signed a written Collaborative Law Agreement that provides for (1) a full exchange of information, (2) the withdrawal of the collaborative attorney (whether or not said attorney is of record) upon the termination of the collaborative law process, (3) the joint retention of any consultants needed to assist the parties in the Collaborative Law Process, unless otherwise authorized by the written agreement of the parties, and (4) the agreement by the parties to use their best efforts and make a good faith attempt to resolve family law disputes without resorting to adversary judicial intervention.

Applies to

All documents

Must include

caption

Every document filed in a Collaborative Law Case must include the words “Collaborative Law Case” below the case number in the case caption.

(b) The words “Collaborative Law Case” shall be placed below the case number in the case caption on all documents filed with the Court.

Applies to

Notice of termination

Must include

certificate of service

A party may terminate Collaborative Law Case designation without cause by providing written notice to the other party and filing the original notice with proof of service.

Either party may terminate the designation of a case as a Collaborative Law Case without cause by either providing a written notice of such termination to the other party and filing with the court the original notice of termination and a proof of service upon the other party.

Applies to

Clerk elisor signature submission

Certain documents and information must be submitted to the Clerk of the Court before the Clerk executes an elisor signature.

(e) The following shall be submitted for review by the Clerk of the Court prior to execution of documents:

Applies to

Specialized petition

Specialized petitions must list each party's or minor's complete legal name consistently, including all birth-name components; initials are not acceptable.

(b) Petitions filed under this part shall contain complete party/minor(s) legal names listed consistently throughout all filings. Parties list birth names in their entirety to include first name, middle name, surname, married/maiden name. Initials shall not be acceptable in filings.

Applies to

Specialized petition

Parties filing specialized petitions must lodge certified birth certificates and provide self-addressed stamped envelopes, except in surrogacy-related filings.

(c) Upon filing of these specialized Petitions, parties shall lodge a certified copy of Birth Certificate for the minor(s)/adult(s) subject to the applicable proceedings. This rule does not apply to surrogacy related filings. Self-addressed, stamped, envelopes must be provided for a birth certificate to be returned.

Applies to

Petition to establish parental obligations

A surrogacy agreement or gestational contract must be lodged with a petition to establish parental obligations and will be returned after final disposition.

(d) Upon filing a Petition to Establish Parental Obligations involving Surrogacy Agreements, the Surrogacy Agreement/Gestational Contract shall be lodged with the Court. The agreement/contract will be returned upon final disposition to the submitting party.

Applies to

Petition for freedom from parental custody and control

A petition for freedom from parental custody and control must be accompanied by the specified mandatory order form when filed.

(f) Any petition for Freedom from Parental Custody and Control must be accompanied by an Order Granting Petition For Freedom From Parental Custody and Control (local mandatory form KRN SUP CRT FL-2326) when filed.

Applies to

Specialized petition

A self-represented party must notarize its signature within a specialized petition filed under Rule 6.19.

(g) Self-Represented Parties shall notarize their signature within specialized Petitions filed under this part.

Applies to

Professional supervised visitation provider declaration

Must include

local rule certificate

Professional supervised visitation providers must submit a signed Form FL-324(P) to the Manager of the Family Court Services Department before a new provider's first supervised visit.

All professional supervised visitation providers must sign a Declaration of Supervised Visitation Provider (Professional) (Form FL-324(P)) stating that all training and qualification requirements to be a professional provider have been met. The Declaration must be submitted to the Manager of the Family Court Services Department before the first supervised visit for new providers.

Applies to

Supervised visitation provider report

A professional provider submitting a required report to the court must also submit a separate copy to the Manager of the Family Court Services Department.

Every time the professional visitation provider submits a report to the court required by Standard 5.20(j)(3), a separate copy of the report must be submitted to the Manager of the Family Court Services Department.

Applies to

Nonprofessional supervised visitation provider declaration

Must include

local rule certificate

Nonprofessional supervised visitation providers must submit a signed Form FL-324(NP) to the Manager of the Family Court Services Department.

All nonprofessional supervised visitation providers must sign a Declaration of Supervised Visitation Provider (Nonprofessional) (Form FL-324(NP)) stating that all requirements to be a nonprofessional provider have been met. See Standard 5.20(d)(3). The Declaration must be submitted to the Manager of the Family Court Services Department.

Applies to

Family law case management notice

The FLCM Notice must notify the Court and opposing party, explain the 20-day objection right, notify potentially impacted public retirement plans, and state the basis for the request.

The FLCM Notice shall (i) notify the Court and the opposing party of the requesting party’s request to subject the case to the FLCM Rules, (ii) notify the opposing party of his or her right to serve and file an objection to the application of the FLCM Rules within 20 days of the FLCM Notice’s being served, (iii) notify any public retirement plan that may be impacted as a result of the Court’s order(s), and (iv) state the basis for the requesting party’s request that the case be subject to the FLCM Rules.

Applies to

Flcm rules objection

A written objection must state the applicable factual or legal basis for the objection.

The objection shall state any applicable factual or legal basis for the objection.

Applies to

Initial financial disclosure

A party must produce copies of all documents and tangible things necessary to determine relevant financial information, including asset character, cash flow, and business value.

Produce a copy of all documents and tangible things necessary to determine the character, cash flow, value of any assets, business or businesses, or any other relevant financial information.

Applies to

Initial financial disclosure

If relevant documents cannot be obtained after reasonable efforts, the producing party must provide a categorized description, location information, and information sufficient to support a subpoena.

If any documents cannot be obtained after reasonable efforts by the producing party, a description by category and location and with information sufficient to support a subpoena, shall be provided by the producing party identifying where the relevant documents can be found.

Applies to

Initial financial disclosure

The disclosing party must categorize all documents and place them in an electronic repository accessible to the parties and, when applicable, reviewing experts.

The disclosing party shall ensure that all documents shall be categorized and put into an electronic file repository that is accessible by the parties and, if applicable, any experts retained or appointed who will need to review this information.

Applies to

Initial financial disclosure

The disclosing party must produce documents as kept in the normal course of business, including documents in their native file format.

The disclosing party shall produce all documents as they are kept in the normal course of business including the production of documents in their native file format.

Applies to

Flcmc status report

An FLCMC status report must be submitted to the court no later than 10 days before the conference and must address the specified disclosure, relief, expert, anticipated-motion, and compliance issues; updated income and expense declarations must be served concurrently if attorney’s fees are requested and have not already been served.

(k) FLCMC Status Report. A status report shall be made to the Court no later than 10 days prior to the FLCMC. The status report shall state (i) what documents have been requested, (ii) what documents have not been produced, (iii) each party’s position with regards to the respective requests for relief and any problems in obtaining discovery covered by the FLCM Rules to obtain that relief, (iv) any other expected issues that have arisen or are expected to occur, (v) whether any experts should be appointed under section 730 of the California Evidence Code, (vi) expected motions that a party anticipates filing, and (vii) a proposed solution to any problems with obtaining compliance with these rules. If attorney’s fees are being requested, and if not already served, updated Income and Expense Declarations shall be served concurrently with the status report.

Applies to

Discovery motion

A party may seek formal discovery only after exhausting informal means, and the noticed motion must identify the requested items, explain their relevance and materiality, and state that an informal request was made at least five court days earlier.

Only after all informal means have been exhausted may a party petition the court for discovery. Any noticed motion shall specifically, and clearly designate the items sought, the relevance and materiality of the information, and shall state that a timely informal request has been made for items at least five (5) court days before the motion was filed

Applies to

Certification of competency

An appointed attorney, Public Defender, or County Counsel appearing for the first time in a dependency matter must submit a Certification of Competency to the court within ten days of the first appearance.

Any appointed attorney, Public Defender or County Counsel appearing in a dependency matter for the first time shall complete and submit a Certification of Competency to the court within ten days of his or her first appearance in a dependency matter.

Applies to

Certification of competency or declaration of eligibility

An appointed attorney or Public Defender appearing for the first time in a juvenile justice matter must submit a Certification of Competency or Judicial Council Form JV-700 Declaration of Eligibility for Appointment to the court within ten days of the first appearance.

Any appointed attorney or Public Defender appearing in a juvenile justice matter for the first time shall complete and submit a Certification of Competency or Declaration of Eligibility for Appointment (Judicial Council Form JV-700) to the court within ten days of his or her first appearance in a juvenile justice matter.

Applies to

Certificate of competency

Counsel must submit a new Certificate of Competency to the court every three years after initial certification.

Counsel shall submit a new Certificate of Competency to the court every three (3) years after initial certification.

Applies to

Renewal certificate of competency

When submitting the renewal certification, the attorney must attach it as evidence of at least eight hours of continuing training or education directly related to delinquency proceedings since the last certification.

The attorney shall attach the renewal Certification of Competency as evidence that he or she has completed at least eight (8) hours of continuing training or education directly related to delinquency proceedings since the attorney was last certified.

Applies to

Probate order

Every proposed order and order must include identifying information and a court-signature line on its last page.

All Proposed Orders and Orders must include identifying information on the last page of the order with a line for the Court’s signature.

Applies to

Notice of right or interest

Minor’s counsel must notify the court as soon as reasonably possible upon becoming aware of a right or interest requiring protection or pursuit in another forum.

If counsel for the minor becomes aware that the minor may have a right or interest which needs to be protected or pursued in another judicial or administrative forum, counsel for the minor shall notify the court of such right or interest as soon as it is reasonably possible for counsel to do so.

Applies to

Notice of right or interest

A notice must state the protected interest, the relevant forum or agency and proceeding, and any available case number or identifying information.

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, and any case number or other identifying information regarding the proceeding.

Applies to

Pleading

All probate pleadings must comply with specified California Rules of Court provisions.

All pleadings shall comply with Rules 2.100-2.119, 2.256(b) and 3.1110 of the California Rules of Court.

Applies to

Document or pleading set for hearing

A document or pleading in a matter set for hearing must state the department number, hearing date, and hearing time beneath its title.

All documents and/or pleadings submitted in which a matter is set for hearing must specify the department number, hearing date, and time underneath the title of the document and/or pleading.

Applies to

Guardianship termination objection questionnaire background information page

Every other adult living in an opponent's home must complete and sign the termination-objection questionnaire's background-information page under penalty of perjury and consent to a background check.

(e) All other adults who live in the home of the person opposing the probate guardianship must complete and sign the background information page of the Guardianship Termination Objection Questionnaire (Form KRN SUP CRT PB-8525). This page must be completed under penalty of perjury and include the individual’s consent to a background check to enable court investigators to access the information required under Probate Code section 1513.

Applies to

Verified residence declaration

A self-represented litigant whose residence differs from the address of record must file a separate verified residence-address declaration.

Each person filing as a self-represented litigant 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

Petition or request for relief

A probate petition or request for relief must identify the authorizing Probate Code section below the pleading 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

Must include

proposed order

A proposed order must be submitted concurrently with every petition submitted as a PSP matter.

A proposed Order shall be submitted concurrently with the petition.

Applies to

Notice

PSP hearing notices must include the specified PSP objection legend in at least 10-point capitalized, bold, highlighted, or different-colored font.

The Notice of Hearing-Decedent’s Estate or Trust (Judicial Council Form DE-120) or Notice of Petition to Administer Estate (Judicial Council Form DE- 121) for all matters submitted as PSP shall include the following legend in at least 10 point capitalized bold, highlighted, or different-colored font:

Applies to

Petition for order to produce will

Must include

proposed order

A petition for an order to produce a will must be submitted to the Probate Department together with the proposed order.

A petition for an order to produce a will, together with the proposed order, must be submitted to the Probate Department for processing.

Applies to

Ex parte compliance declaration

Compliance with ex parte notice requirements must be stated and filed through an ex parte compliance declaration.

Compliance of the notice requirements shall be stated and filed on an Ex-Parte Compliance Declaration.

Applies to

Temporary petition ex parte filing

Must include

caption, proposed order

A temporary ex parte filing must include the application, temporary petition, any previously unfiled general petition and applicable attachments, a proper caption, requested relief, supporting and compliance declarations, a proposed order, and applicable fees.

The moving party shall file the Ex-Parte Application, and Temporary Petition, along with the General Petition, if not previously filed, and all accompanying attachments as applicable, with proper case title captioned; the relief requested; a declaration in support of application; compliance declaration; a proposed order; and, the applicable fees.

Applies to

Fee petition

Every petition requesting ordinary or extraordinary fees must request a specific sum rather than merely a reasonable amount.

In all petitions requesting fees, both ordinary and extraordinary, a specific sum shall be requested, not merely “a reasonable amount”.

Applies to

Account or petition for distribution

An account, or a petition for distribution accompanied by a waiver of accounting, must state statutory fees payable and explain their calculation.

In accounts or in Petitions for Distribution accompanied by a Waiver of Accounting, the report must state the amount of statutory fees payable and set forth the basis for the calculation.

Applies to

Proposed order appointing temporary guardian

A proposed order appointing a temporary guardian must have local mandatory Attachment 8, form KRN SUP CRT PR-2567, attached.

Attachment 8 to An Order Appointing Temporary Guardian (local mandatory form KRN SUP CRT PR-2567), must be attached to the proposed Order Appointing Temporary Guardian.

Applies to

Extraordinary fee application

An extraordinary-fee application will not be considered unless the petition caption, prayer, and notice to affected parties reference it.

Application for compensation for extraordinary services will not be considered unless the caption and the prayer of the petition and the notice to affected parties contain a reference to such application for extraordinary fees.

Applies to

Extraordinary fee request

Requests for compensation for extraordinary services must be itemized.

All requests for compensation for services for extraordinary fees must be itemized.

Applies to

Conservatorship or guardianship report

A conservator or guardian's report must include the current addresses and whereabouts of the conservatee and conservator and describe the conservatee's status and condition.

The report must contain the current address and whereabouts of the conservatee and conservator and describe the conservatee’s status and condition.

Applies to

General guardianship petition

Must include

proposed order

A petition for appointment of a general guardian must be accompanied by a submitted proposed order prescribing the required notice.

Upon filing the Petition for Appointment of a (general) Guardian, the petitioner shall submit to the Probate Department a proposed order prescribing the notice to be given as required by Probate Code section 1511.

Applies to

General guardianship petition

Must include

proposed order

A general guardianship petition must include proposed Judicial Council Form GC-240 and proposed Judicial Council Form GC-250.

A proposed Order Appointing Guardian or Extending Guardianship of the Person, Judicial Council Form GC-240, as well as [proposed] Letters of Guardianship, Judicial Council Form GC-250, must be lodged with the Petition.

Applies to

Proposed order appointing or extending guardian

The proposed order appointing or extending a guardian must have local mandatory Attachment 15, form KRN SUP CRT PR-2566, attached.

Attachment 15 to Order Appointing Guardian (local mandatory form KRN SUP CRT PR-2566), must be attached to the proposed Order Appointing Guardian or Extending Guardianship of the Person.

Applies to

Temporary guardianship ex parte application

A request for ex parte temporary-guardianship relief must include facts establishing irreparable harm or immediate danger.

Facts showing irreparable harm or immediate danger are required for ex parte relief.

Applies to

Temporary guardianship petition

Must include

proposed order

A temporary-guardianship petition must include a proposed Judicial Council Form GC-140 and proposed Judicial Council Form GC-150.

A copy of the [proposed] Order Appointing Temporary Guardian, Judicial Council form GC-140, as well as [proposed] Letters of Temporary Guardianship, Judicial Council Form No. GC-150, must be lodged with the petition.

Applies to

Guardianship questionnaire

Every probate guardianship petition must include a completed Guardianship Questionnaire signed under penalty of perjury.

(b) A Guardianship Questionnaire (Form KRN SUP CRT PB-8524) shall be completed, signed under penalty of perjury, and submitted with all petitions for probate guardianship.

Applies to

Guardianship questionnaire

Each proposed guardian must submit a separate Guardianship Questionnaire even when the proposed guardians are married or live together.

Each proposed guardian shall complete, sign, and file a separate Guardianship Questionnaire, even if they are married and/or living in the same household.

Applies to

Guardianship questionnaire release of information

The Release of Information in the Guardianship Questionnaire must be signed so investigators can access the information required by Probate Code section 1513.

The form contains a Release of Information, which must be signed to enable court investigators to access the information required under Probate Code section 1513.

Applies to

Guardianship questionnaire background information page

Every other adult living in a proposed guardian's home must complete and sign the questionnaire's background-information page under penalty of perjury and consent to a background check.

(c) All other adults who live in the proposed guardian’s home must complete and sign the background information page of the Guardianship Questionnaire (Form KRN SUP CRT PB- 8524). This page must be completed under penalty of perjury and include the individual’s consent to a background check to enable court investigators to access the information required under Probate Code section 1513.

Applies to

Guardianship termination objection questionnaire

Every petition to terminate probate guardianship and every objection to probate guardianship must include a completed termination-objection questionnaire signed under penalty of perjury.

(d) A Guardianship Termination Objection Questionnaire (Form KRN SUP CRT PB-8525) shall be completed, signed under penalty of perjury, and submitted with: (Effective 1/1/20; rev. 1/1/22; renum. 1/1/25) 1. All petitions to terminate probate guardianship; and 2. All objections to probate guardianship.

Applies to

Guardianship termination objection questionnaire

Each person opposing a probate guardianship must submit a separate questionnaire even if the opponents are married or live together.

Each person opposing the probate guardianship shall complete a separate Guardianship Termination Objection Questionnaire (Form KRN SUP CRT PB-8525) even if they are married and/or living in the same household.

Applies to

Guardianship termination objection questionnaire release of information

The Release of Information in the termination-objection questionnaire must be signed so investigators can access information required by Probate Code section 1513.

The questionnaire contains a Release of Information, which must be signed to enable court investigators to access the information required under Probate Code section 1513.

Applies to

Petition

Copies of all testamentary instruments must be attached to the petition.

Copies of all testamentary instruments shall be attached to the petition.

Applies to

Protective order motion or request

Must include

proposed order

A motion or request to modify or terminate a protective order must include the appropriate completed proposed Restraining Order After Hearing form at submission.

Notwithstanding other statutory requirements, any motion or request submitted for filing for the purpose of modifying or terminating a protective order issued pursuant to Sections 6221 or 6401 of the Family Code; sections 527.6, 527.8, 527.85 of the Code of Civil Procedure; or sections 213.5, 304, 362.4 , or 15657.03 of the Welfare and Institutions Code, or Penal Code section 136.2 must include the at time of submission, the appropriate completed “proposed” Restraining Order After Hearing form adopted by the Judicial Council of California and approved by the Department of Justice.

Applies to

Petition

Copies of current documents of title to the assets in question must be attached to the petition.

Copies of pertinent and current documents of title to the assets in question shall be attached to the petition.

Applies to

Trust instrument

In trust matters, a copy of the trust instrument must be filed or the original lodged when the petition is filed, or as soon as practicable afterward.

In all matters regarding trusts, a copy of the trust instrument must be filed, or the original trust instrument must be lodged at the time of filing of the petition, or as soon as practicable thereafter.

Applies to

Ex parte petition and order

The ex parte petition and order must be signed before an original trust instrument is lodged.

An ex-parte petition and order must be signed prior to lodging an original trust instrument.

Applies to

Family court services report

Must include

statement of facts

A Family Court Services report must convey the result of its search for a CPO involving any party.

The result of such searches shall be conveyed to the Court in the Family Court Services’ report.

Applies to

Custody or visitation order

Must include

legal argument

A civil custody or visitation order authorizing contact subject to a CPO must specifically state the contact and safe-exchange schedule, including the time, day, place, and manner of each child transfer.

such Civil Court order shall be specific. It shall contain language setting forth the specific schedule for the contact and the safe exchange of the children, including the time, day, place, and manner of the transfer of the child.

Applies to

Disclosure

Every covered disclosure must include a written advisal explaining confidentiality, continued maintenance, and the limited purpose for further dissemination.

Any such disclosures shall be accompanied by a written advisal that the document(s) being disclosed are confidential and must be maintained as such and not disseminated further, except as necessary to accomplish the purpose of the original disclosure.

Applies to

Disclosure record

The disclosing agency or person must retain a record of all covered disclosures and produce it when requested by the Juvenile Court.

The agency or person making the disclosure must keep a record of all such disclosures, which record must be produced upon request by the Juvenile Court.

Applies to

Plaintiff's Mandatory Cover Sheet and Supplemental Allegations - Unlawful Detainer (Judicial Council Form UD-101)

Plaintiffs in unlawful detainer cases must file the mandatory supplemental cover sheet, Judicial Council Form UD-101, containing the specified contents.

To implement Code of Civil Procedure, § 1179.01 .5(c), which requires a plaintiff to file an unlawful detainer supplemental cover sheet with specified contents, the court requires plaintiffs to file Plaintiff's Mandatory Cover Sheet and Supplemental Allegations - Unlawful Detainer (Judicial Council Form UD-101

Applies to

Mandatory form ud 101

Litigants must comply with the standing order and file mandatory form UD-101, and failure to do so may result in dismissal of the action.

Failure to comply with this Standing Order and file the mandatory form UD-101 will be grounds for dismissal of the action.

Applies to

Digitally signed document

Must include

local rule certificate

A party filing a digitally signed document represents that the signer’s certificate or equivalent verification document is under its possession or control and must be produced if the Court requests it.

A party who files a document containing a digital signature under this rule represents that the signer's certificate or similar verification document is maintained in the party's possession or control, and is subject to production upon request from the Court.

Applies to

Guardianship status report

A confidential guardianship status report is required.

STO-25-0004 - Requirement of Confidential Guardianship Status Report

Applies to

Proposed jury instructions

Each party must serve proposed jury instructions with the request form, including any standard instructions omitted from the form and any special instructions requested.

Said party’s proposed jury instructions. All parties are invited to use the Instruction Request form for the standard CACI instructions. If any standard instructions are not on the request form, or if any special instructions are going to be requested, they must be served with the request form. (Effective 7/1/03; rev. 1/1/06)

Applies to

Motion in limine

Each party must serve and submit all motions in limine in writing with supporting points and authorities.

All motions in limine in written form, together with any points and authorities in support thereof.

Applies to

Witness list

Each party must serve and submit a list of all witnesses it intends to call in its case in chief.

A list of all witnesses that said party intends to call in his or her case in chief.

Applies to

Generic statement of case

Each party must serve and submit a proposed generic statement of the case for reading to the jury at trial.

A proposed generic statement of the case to be read to the jury at the beginning of the case.

Applies to

Exhibit list

Each party must serve and submit a list of all photographs, documents, physical objects, and other tangible things it intends to offer as trial exhibits.

A list of all photographs, documents, physical objects or other tangible things that said party intends to have marked as an exhibit and introduced in evidence at the time of trial.

Applies to

Proposed order to show cause

The proposed OSC order should use the prescribed or similar designation and provide space for the court to enter the hearing date, time, and place.

The proposed order should be styled as “Order to Show Cause re: Preliminary Injunction,” or similar applicable designation, and should leave space for the court to insert the date, time and place of the hearing.

Applies to

Request for hearing

The request for hearing should use the prescribed or similar designation and must include the hearing date obtained from the Criminal Division clerk.

The request for hearing should be styled as a “Request for Hearing by [name of person making request] Under Penal Code section 186.11(f)(2),” or similar designation, and must include the hearing date obtained from the Criminal Division clerk.

Applies to

Family law case management notice

A party may serve and file an FLCM Notice requesting application of the FLCM Rules when the case reasonably may require court-supervised discovery, financial orders, or appointed experts.

For any case in which counsel or the parties have a reasonable basis to foresee that the Court will need to oversee and direct discovery, make orders concerning financial matters, and/or order the appointment of experts, either party may serve on the other party and file with the Court a Family Law Case Management Notice (“FLCM Notice”) requesting that the case be subject to Local Rule 6.22 (“FLCM Rules”).

Applies to

Flcm document request production

Parties subject to the FLCM Rules are expected to comply fully with the Court's document requests under the deadlines in those rules.

The parties will be expected to comply fully with these document requests pursuant to the deadlines set forth in the FLCM Rules.

Applies to

Initial financial disclosure

A party producing documents agrees to foundation and waives hearsay objections unless the documents are designated otherwise.

Unless designated otherwise, a party producing documents agrees to foundation and waives any hearsay objections to any documents produced.

Applies to

Petition and decree

A petition for distribution and the resulting decree must state the testamentary trust's terms in the present tense and third person without quoting the Will verbatim.

Upon Petition for Distribution, the court must determine whether a valid trust has been created by a Will, determine the scope and terms of the trust, and order distribution of the trust property to the trustee. The terms of the trust shall be set forth in the petition and decree in such a manner as to give effect to the conditions existing at the time distribution is ordered. The pertinent provisions shall be set forth in the present tense and in the third person rather than quoting the Will verbatim.

Applies to

Child support case registry form

Parties are exempt from submitting Form FL-191 when the Department of Child Support Services is currently involved in collecting support.

(c) Parties shall not be required to submit this Form FL-191 if the Department of Child Support Services is currently involved in the collection of support.

Applies to

Notary services

The Court does not provide notary services; the requesting party is responsible for obtaining and arranging them.

(f) The Court does not provide notary services. Notary services and arrangements for the same are the responsibility of the party requesting services.

Applies to

Initial financial disclosure

The parties may stipulate to place produced documents in a shared electronic document repository.

Upon stipulation of the parties, documents produced can be placed into a shared electronic document repository.

Applies to

Guardianship questionnaire background information page

When multiple guardians are proposed, only one background-information page is required from each other adult in the home.

In cases with multiple proposed guardians, only one background information page is required for each other adult.

Applies to

Guardianship termination objection questionnaire background information page

When multiple parties oppose the guardianship, only one background-information page is required from each other adult in an opponent's home.

In cases with multiple parties opposing the guardianship, only one background information page is required for each other adult.