Kings Superior Court Document Filing Requirements

Applies to

Competency evaluation report

The expert must submit a written competency evaluation report to the court, minor’s counsel, the probation department, and the prosecution.

The expert must submit a written report to the court, minor’s counsel, the probation department, and the prosecution in compliance with Cal. Rule of Court 5.645.

Applies to

Competency evaluation report

The written report must state whether the minor understands the proceedings and has a rational and factual basis for understanding, together with the basis for those conclusions.

In the written report, the expert shall opine whether the minor has the understanding and whether he or she has a rational and factual basis understanding of the proceedings against him or her. The expert shall also state the basis for these conclusions.

Applies to

Competency evaluation report

When the expert finds the minor incompetent, the report must address the likelihood of attaining competence in the foreseeable future and recommend effective remediation services if attainment is likely.

If the expert concludes that the minor lacks competency, the expert shall give his or her opinion on whether the minor is likely to attain competence in the foreseeable future, and, if so, make recommendations regarding the type of remediation services that would be effective in assisting the minor in attaining competency.

Applies to

Written report

A court-appointed expert's competency report must be submitted to the court, child's counsel, probation department, and prosecution.

The expert's report must be submitted to the court, to the counsel for the child, to the probation department, and to the prosecution.

Applies to

Written report

The written competency report must contain the listed information, including referral and competency definition, expert qualifications, evaluation procedures, developmental history, evaluation results, competency analysis, treatment opinion, and placement or service recommendations.

The report must include the following:

Applies to

Income and expense declaration

An FL-150 Income and Expense Declaration must be filed and served with moving and responsive papers in matters involving child support, spousal support, attorney fees, or payment obligations, except for individuals in contempt proceedings for nonpayment of support.

An Income and Expense Declaration (Judicial Council Form FL-150) must be filed and served with the moving and responsive papers in all matters when child support, spousal support, attorney fees, or payment of obligations is at issue. This provision shall not apply to individuals who are subject to contempt proceedings for non-payment of support.

Applies to

Motion

Must include

proposed order

Unless notice is waived or the court orders otherwise, the prevailing party must prepare, serve, and file the proposed order as required by California Rules of Court, rule 3.1312.

Unless the parties waive notice or the court orders otherwise, the party prevailing on any motion must prepare, serve, and file the proposed order in the manner provided for in California Rules of Court, rule 3.1312.

Applies to

Notice of unavailability of counsel

Must include

case number

A Tenderloin Housing Clinic notice must include the case number of every active case to which it applies.

B. Any party causing a Tenderloin Housing Clinic notice to be filed with the court must include thereon the case number of each active case to which it is intended to apply.

Applies to

Notice of change of address

A party that changes its electronic notification address during a pending action or proceeding must promptly file the change electronically and serve notice on all other parties or their attorneys of record.

A party whose electronic notification address changes while the action or proceeding is pending must promptly file a notice of change of address with the court electronically and must serve this notice on all other parties or their attorneys of record.

Applies to

Documents with multiple exhibits

A pleading, motion, declaration, or other filed document with more than one attached exhibit must include an index describing each exhibit, its designation, and its page number.

6. All pleadings, motions, declarations, and other documents filed with the court which include more than one attached exhibit must include an index which sets forth a description of the exhibit, its exhibit designation, and its page number.

Applies to

Proposed order

Proposed orders submitted after an opposed civil motion must comply with California Rules of Court rule 3.1312 and Local Rule 306.

C. Proposed orders submitted after an opposed motion in a civil case shall comply with California Rules of Court, rule 3.1312 and Local Rule 306.

Applies to

Document submitted for filing

The filing-fee exemption information must appear in the upper-right corner above the case caption without interfering with the clerk's file stamp.

This information must appear in the upper right-hand corner of the document above the case caption in an area that will not interfere with the clerk affixing a file stamp.

Applies to

Memoranda in support or opposition

Parties must state their position on the applicable scope of judicial review in the memoranda supporting and opposing issuance of the writ.

H. Scope of Review – The scope of the court’s review (i.e., "substantial evidence" vs. "independent judgment") depends upon the nature of the relief sought and a variety of other factors. The parties must state their position on this issue in the memoranda filed in support of and in opposition of the issuance of the writ.

Applies to

Stipulation and proposed order

Must include

proposed order

The parties must draft and lodge at least five court days before the hearing a stipulation and proposed order listing all in limine motions they agree should be granted.

The parties shall draft a stipulation and proposed order to be lodged not less than five (5) court days prior to the motion in limine hearing date, setting forth all motions that the parties agree should be granted by the court.

Applies to

Writ of execution or application for renewal of judgment

A judgment creditor seeking to add accrued post-judgment interest to a writ of execution or application for renewal of judgment must file and serve form MC-012.

A judgment creditor adding accrued post-judgment interest to the enforceable amount owed on a Writ of Execution or Application for Renewal of Judgment must file and serve Memorandum of Costs After Judgment (form MC-012).

Applies to

Proposed order

Must include

proposed order

Each motion requiring a ruling must have a proposed order submitted with it, either within the motion or as a separate pleading, with blank boxes for the court's disposition and any modification.

A proposed order must be submitted for each motion to be ruled on by the court. The proposed order shall be submitted with the motion in limine to which it applies. The proposed order, which may be submitted at the end of the relevant motion or as a separate pleading, shall include blank boxes so that the court may mark the motion granted, denied, denied without prejudice to renew at an appropriate time, or modified (with space for the modification).

Applies to

Declaration

A motion in limine filer must include a declaration of good cause and a detailed account of all compliance attempts when a party is unrepresented or opposing counsel refuses to comply with paragraph B.

In cases where one party is unrepresented and/or opposing counsel is refusing to comply with the requirements set forth in paragraph B, the party filing a motion in limine must submit a declaration with their motion setting forth good cause for their failure to comply with this local rule of court. The declaration must set forth in specific detail all attempts made by the filing party to comply with paragraph B.

Applies to

Jury instructions

The parties must lodge a joint list and copies of requested jury instructions and verdicts, identify disputes, and provide a USB flash drive containing all proposed jury instructions together with hard copies.

I. A joint list of jury instructions and verdicts, with any disputes clearly identified for the court. The parties shall lodge copies of the requested jury instructions and verdicts with the court consistent with California Rules of Court, rule 2.1050 et seq. and California Rules of Court, rule 3.1580. A USB flash drive containing all proposed jury instructions must be provided to the court along with hard copies;

Applies to

Declaration

Must include

proposed order

The declaration submitted for a status conference must include a proposed order resetting the conference to a date after the applicable responsive pleading deadline.

In addition, the declaration must be accompanied by a proposed order resetting the conference to a date beyond the applicable responsive pleading deadline.

Applies to

Modification motion

A motion to modify a sentence or probation must be written and directed to the sentencing judge.

Motions for modifications of sentence or probation shall be in writing and directed to the sentencing judge.

Applies to

Application for stay of execution

A stay-of-execution application must use Local Form UD-10 or a declaration containing the same information.

Any Application for Stay of Execution must be presented using Kings County Superior Court Local Form UD-10 or a declaration which includes the same information.

Applies to

Application

Each defendant seeking to stay execution of a writ of possession must file a separate application.

A separate Application must be filed by each Defendant seeking to stay execution of a writ of possession.

Applies to

Account of services and costs

A compromise involving a minor or incompetent adult requires an account of services rendered, the hourly fee charged, and an itemization of costs incurred.

This necessitates submission of an account of the services rendered, hourly fee charged, and itemization of the costs incurred.

Applies to

Trust

A copy of the settlement trust must be provided to the judge hearing the civil matter for review of legal compliance.

A copy of the trust is to be provided to the judge in the civil proceeding hearing the matter, who shall review the trust terms for compliance with the law.

Applies to

Petition

The trustee must file a titled probate petition, attach the order approving the compromise as an exhibit, and obtain a noticed hearing.

The trustee shall file a petition in the probate file entitled “Petition for Review of Compliance with Order pursuant to Probate Code section 3602 or 3604,” attach a copy of the order approving the compromise of the minor or incompetent adult’s claim as an exhibit and cause the petition to be set for a noticed hearing.

Applies to

Live scan application

The petitioner must complete the Live Scan application with the requested information and provide valid photo identification to the Live Scan provider.

Petitioner shall complete the Live Scan application form with the requested information and provide the Live Scan provider valid photo identification.

Applies to

Initial pleading

For most inmate claims, the initial pleading should attach relevant administrative decisions or state the inability to obtain them and provide specific facts showing exhaustion or grounds for excuse or waiver.

COURT POLICY #3: Regarding most inmate claims, some showing of a prefiling exhaustion of administrative remedies is required. To make the required showing, litigants should attach copies of relevant administrative decisions to their initial pleading and/or state therein an inability to obtain such documents along with those specific facts demonstrating exhaustion or grounds for excuse/waiver of the same.

Applies to

Default judgment application

A default-judgment application must include supporting testimony from competent witnesses with personal knowledge of the essential facts, or an affidavit or declaration from those witnesses, except for cases governed by Code of Civil Procedure section 585(a); declarations under section 585(d) are preferred.

A. To obtain a default judgment a plaintiff shall present testimony in support of his or her claim by competent witnesses having personal knowledge of the essential facts, or file an affidavit or declaration by such witnesses, except for cases governed by Code of Civil Procedure section 585(a). Applications for default judgment on declarations pursuant to Code of Civil Procedure section 585(d) is the preferred procedure.

Applies to

Declaration in support of post judgment interest

The judgment creditor must submit a declaration showing the post-judgment interest calculations and any applicable dates and amounts for cost or credit adjustments.

The judgment creditor must also submit to the court a declaration in support of the post-judgment interest which provides the calculations performed, including any applicable dates and amounts for adjustments related to costs or credits.

Applies to

Expert or investigative fee claim

Expert or investigative fees for indigent defendants ordinarily require prior court approval, which may be issued ex parte and kept confidential until the case concludes.

Expert and investigative fees for indigent defendants shall not normally be paid or reimbursed unless prior approval for the expenditures has been obtained by court order, which may be issued ex parte and kept confidential until the conclusion of the case.

Applies to

Expert or investigative fee claim

Each expert or investigative fee claim form must include a copy of the court order authorizing the fee.

A copy of the order authorizing the fee shall be attached to each claim form requesting payment for such fee.

Applies to

Expert or investigative fee claim

A fee claim must disclose all previously requested fee amounts and whether each request was granted or denied.

The claim shall disclose all amounts of fees previously requested pursuant to the attached order and indicate whether the request was granted or denied.

Applies to

Recording transcript

Before trial, counsel offering a sound recording must have a typed transcription prepared at the proponent’s expense and certified as a true transcription.

Prior to the commencement of any trial, a typed transcription of any sound recording which counsel expects to offer into evidence shall be prepared at the direction and expense of the proponent of the evidence and shall be certified by the preparer as containing a true transcription of such recorded statement.

Applies to

Recording transcript

The proponent of a sound recording must prepare enough transcript copies for jurors, the judicial officer, opposing parties and counsel, the court reporter, and the clerk.

The proponent of such recording shall prepare enough copies of such transcript for each of the following persons to have a copy: each juror and alternate juror, the judicial officer, each opposing party, each opposing counsel, the court reporter, and the clerk.

Applies to

Renewed motion

A renewed pre-trial motion must be supported by a declaration establishing diligence and identifying the new facts or law.

Any renewed motion shall be supported by a declaration showing such diligence and setting forth the new facts and/or law.

Applies to

Verbatim record request

A party seeking a verbatim misdemeanor or infraction record must submit a written request and all required deposits to the clerk at least five days before the hearing.

Parties wishing a verbatim record of such proceedings must submit to the clerk, at least five (5) days prior to the hearing, a written request, and all required deposits in accordance with California Penal Code section 1045.

Applies to

Jury instructions

Counsel must prepare jury instructions in compliance with California Rules of Court 2.1055 and 2.1058.

A. Jury instructions shall be prepared by counsel in accord with California Rules of Court, rule 2.1055 and rule 2.1058.

Applies to

Proposed jury instructions

In a jury trial, each party must submit proposed instructions to the trial judge on the first day of trial or an earlier court-set date.

C. Where there is a trial by jury, the parties shall request instructions by submitting proposed instructions to the trial judge on the first day of trial or at such earlier date as set by the court.

Applies to

Proposed jury instructions

A party requesting a CALCRIM instruction with blanks must fill every blank with the language needed to adapt the form to the pending case.

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

Applies to

Trial readiness submission

Defense and prosecuting attorneys must provide the listed trial-readiness materials at the readiness hearing or another date ordered by the court.

Both defense and prosecuting attorneys shall provide at the trial readiness hearing, or any other date ordered, the following:

Applies to

Trial readiness submission

Both defense and prosecuting attorneys must provide a witness list at the trial readiness hearing or another court-ordered date.

1. Witness list;

Applies to

Request for dismissal

A Vehicle Code section 41500 dismissal request must include a verified statement or qualifying official document confirming the defendant’s commitment date.

All requests for dismissal pursuant to California Vehicle Code section 41500, subdivision (a), must include a verified statement or official document from the California Department of Corrections and Rehabilitation, Division of Juvenile Justice, or county jail, confirming the date of defendant’s commitment.

Applies to

Records for in camera inspection

The respondent to a Pitchess motion for discovery of confidential personnel files or other law enforcement agency records shall provide the court digital copies of all records for in camera inspection no later than the scheduled day and time; the court retains them for appellate review.

A. The respondent to any motion for discovery of confidential personnel files or other records of a law enforcement agency (Pitchess) shall submit to the court copies of all records produced for in camera inspection. These copies shall be placed onto a digital storage device (e.g., CD/DVR/Flash drive) and provided to the court no later than the day and time set for the in camera proceedings and will be retained by the court in the event of appellate review.

Applies to

Pitchess discovery notice

A notice filed with a Pitchess discovery motion must specifically reference the Rule 512(A) copy requirement.

B. Any notice filed with a motion seeking discovery of confidential personnel files or other records of a law enforcement agency shall specifically reference the copy requirement provided in Section A of this rule to prevent any unnecessary delays in the proceedings.

Applies to

Motion in limine

Disputes over admissibility or legal authorization of evidence supporting an aggravating circumstance must be submitted as a motion in limine.

C. Any dispute between the parties about whether evidence supporting an aggravating circumstance is admissible to prove or defend against a charged offense or enhancement at trial, or is otherwise authorized by law, shall be submitted for determination by in the form of a motion in limine.

Applies to

Motion or opposition

Must include

certificate of service

All motions and oppositions must be in writing, include supporting points and authorities, and include proof of service on opposing counsel.

All motions and oppositions shall be in writing and shall be accompanied by points and authorities in support thereof and proof of service on opposing counsel.

Applies to

Document

Every document submitted for filing must include the filing attorney’s state bar number.

All documents submitted for filing shall include the attorney’s state bar number.

Applies to

Motion

A Penal Code section 995 motion to dismiss must specifically identify the claimed procedural deficiencies or irregularities, and the moving papers and responses must cite evidence by page and line to the reporter’s transcript.

A motion to dismiss pursuant to Penal Code section 995 shall set forth with particularity the claimed deficiencies or irregularities in the proceedings. Moving papers and responses thereto, when referring to the evidence, shall contain page and line citations to the reporter’s transcript.

Applies to

Motion

A Penal Code section 1538.5 suppression motion must identify and list the evidence, state the suppression theories, cite supporting authority, and state whether the parties will stipulate to use the preliminary-hearing transcript and whether witnesses will be called.

A motion to suppress evidence pursuant to Penal Code section 1538.5 shall specifically describe and list the evidence, which is the subject of the motion to suppress, shall specifically state the theory or theories which shall be relied upon for the suppression of evidence, and shall cite the specific authority or authorities which support the motion. Moving and responding parties shall state in their pleadings whether they are (a) willing to stipulate that the preliminary hearing transcript may be considered as evidence at the hearing on the motion and/or, (b) whether witnesses are proposed to be called.

Applies to

Motion to suppress evidence

A Penal Code section 1538.5 motion to suppress must identify and list the evidence, state the suppression theories relied upon, and cite supporting authorities.

A motion to suppress evidence pursuant to Penal Code section 1538.5 shall specifically describe and list the evidence, which is the subject of the motion to suppress, shall specifically state the theory or theories which shall be relied upon for the suppression of evidence, and shall cite the specific authority or authorities which support the motion.

Applies to

Trial by declaration election

A defendant electing trial by written declaration must return Forms TR-205 and TR-200 to the clerk and provide notice of the defendant's current address and any changes.

A defendant electing this procedure shall complete and return to the clerk Forms TR- 205, Election by Trial by Written Declaration, and TR-200, Instructions to Defendant and shall notify the clerk of his or her current address and of any changes thereof.

Applies to

Expedited review motion

A request for expedited habeas review must be submitted by written motion demonstrating good cause.

Any request for expedited review of a Petition for Writ of Habeas Corpus must be presented to the court via written motion demonstrating good cause.

Applies to

Order

Orders filed in the Family Law Court must be accompanied by a Declaration Regarding Notice and Service of Request.

Orders filed in the Family Law Court must be accompanied by a Declaration Regarding Notice and Service of Request.

Applies to

Ex parte order

A request for temporary emergency ex parte relief without notice to the opposing party must include a declaration with sufficient facts supporting the waiver of notice.

Any party seeking to have a Request for Temporary Emergency (Ex Parte) Order decided by the court without service of notice upon the opposing party must include a declaration setting forth sufficient facts to support the waiver of notice.

Applies to

Ex parte order

The court may not consider a temporary emergency ex parte request lacking the required declaration.

Any Request for Temporary Emergency (Ex Parte) Order which does not include the required declaration may not be considered by the court.

Applies to

Temporary restraining order

For a minor applicant under 12 seeking a temporary restraining order, an application and order appointing a guardian ad litem must accompany the application.

If the applicant for a Temporary Restraining Order is a minor under 12 years of age, an application for appointment of guardian ad litem and order appointing guardian ad litem shall accompany the application.

Applies to

Order shortening time application

Before submitting an order-shortening-time application, the applicant must obtain opposing counsel or party unavailable dates and include them with the applicant's unavailability on the notice declaration.

Before submitting an application for an OST, the applicant shall contact the opposing counsel or party and request a list of dates counsel or party is unavailable and include that information with his/her own unavailability on the declaration of notice.

Applies to

Opposition to ex parte request

Judicial Council Form FL-320 is mandatory for an opposition to an ex parte request.

Judicial Council Form FL-320 is a mandatory form.

Applies to

Attorney fee request

Attorney fees and costs generally may not be awarded unless the requesting party files an Income and Expense Declaration with Item 15 fully and accurately completed, subject to stated exceptions.

Except as provided in Kings County Local Rules 103 and 700, or as otherwise allowed by statute, attorney fees and costs will not be awarded unless an Income and Expense Declaration is filed by the requesting party, with Item 15 fully and accurately completed.

Applies to

Attorney fee declaration

A request for combined attorney fees or litigation costs exceeding $2,500 must be supported by an attorney-signed declaration detailing services, time, hourly rate, and anticipated fees or costs.

If attorney fees and/or costs of litigation (including fees for experts) are requested in a combined amount in excess of $2,500.00, the request must be supported by a separate declaration signed by the attorney, describing services performed, time expended, hourly rate, and all reasonably anticipated fees and/or costs. In the absence of such declaration, no award in excess of $2,500.00 for fees and costs will be granted.

Applies to

Family code section 271 fee request

Attorney fees under Family Code section 271 will not be awarded at a hearing without compliance with Local Rule 712.

Without compliance with the Superior Court of Kings County, Local Rule 712, no attorney fees under Family Code section 271 will be awarded at any hearing.

Applies to

Findings and order after hearing

When directed to prepare a Findings and Order After Hearing, parties must comply with the timing requirements of California Rules of Court, Rule 5.125.

In any matter where the court directs a party to prepare a Findings and Order After Hearing, the parties shall comply with the timing requirements of California Rules of Court, Rule 5.125.

Applies to

Current income and expense declaration

A party must file a current Income and Expense Declaration if the existing declaration is more than 90 days old.

If an Income and Expense Declaration is more than ninety (90) days old, the party must file a current Income and Expense Declaration.

Applies to

No change declaration under penalty of perjury

If there has been no change during the preceding 90 days, a declaration under penalty of perjury stating that fact must be filed.

If there has been no change within the previous ninety (90) days, a declaration under penalty of perjury to that effect must be filed with the court.

Applies to

Income and expense declaration

Wage earners must attach pay stubs for the preceding two months or one year-to-date pay stub, together with prior-year W-2 forms, to every Income and Expense Declaration.

For wage earners, pay stubs for the immediately preceding two (2) months, or one (1) pay stub showing year-to-date information, and W2 forms for the prior year, must be attached to all Income and Expense Declarations.

Applies to

Income and expense declaration

Self-employed persons must provide a profit-and-loss statement or Schedule C for the preceding two years with the Income and Expense Declaration.

For self-employed persons, the Income and Expense Declaration requires a profit and loss statement or Schedule C for the preceding two (2) years.

Applies to

Unavailable documents declaration under penalty of perjury

If the required financial documents are unavailable because the other party possesses and controls them, a declaration under penalty of perjury must state that fact.

If documents are not available (i.e., they are in the possession and control of the other party), a declaration under penalty of perjury must state that fact.

Applies to

Custody evaluation report

The custody evaluation report must have Form FL-328 affixed to its first page and be submitted at least ten days before the hearing.

G. The report shall have affixed to the first page form FL-328 and shall be submitted to the court at least ten (10) days before the hearing.

Applies to

Custody agreement or order

All custody agreements and orders must contain the quoted 30-day relocation notice language.

A. As allowed by Family Code section 3024, all custody agreements and orders must contain language that is in substantial conformity to the following: “If either parent plans to change the residence of a child, subject to this order, for more than thirty (30) days, and that change will affect the ability of either parent to fulfill this parenting plan, unless there is a written agreement of the parties, the parent contemplating the move shall notify the other parent of said move by mail, return receipt requested and postage prepaid, to the last known address of the parent to be notified. A copy of the notice shall also be sent to that parent’s attorney of record. To the extent feasible, the notice shall be provided within a minimum of forty-five (45) days prior to the proposed change of residence to allow time for mediation of a new agreement concerning custody and visitation.

Applies to

Stipulation

Stipulations waiving guideline child support must include the specified statutory language.

B. All stipulations waiving guideline child support shall include the following language:

Applies to

Judgment or order

Post-hearing judgments and orders containing child support, when enforced by the Department of Child Support Services, must include the specified payment and notification language.

D. All judgments and orders after hearings where a child support order is contained and where the Department of Child Support Services is enforcing the order, shall include the following language:

Applies to

Petition

The court may dismiss a special proceeding petition pending for more than five years if the parties fail to appear or do not demonstrate that dismissal would be inconsistent with the petition's character.

Upon failure of the parties to appear at the noticed OSC hearing, upon the pre-hearing filing of a request for dismissal of the petition by the petitioner and/or upon failure of the parties appearing at the OSC hearing to demonstrate that dismissal is inconsistent with the character of the petition, the court may in its discretion dismiss a petition which has been pending for a period of more than five (5) years.

Applies to

Request for judicial notice

A request for judicial notice must list each subject document, its case number and filing date, provide additional identifying information when filed or recorded, and attach a copy when the document is not in Kings County Superior Court records.

A Request for Judicial Notice shall include a list of documents that are the subject of the Request. The list shall identify each document, the case number in which it was filed, and the date of filing. If the document has been filed or recorded, the Request must include its filing/recording date, as well as other information relevant to identifying its location. As to any document that is not contained within Kings County Superior Court records, a copy of the document shall also be attached to the request.

Applies to

Request for judicial notice

A Request for Judicial Notice must describe the fact and identify the specific documents evidencing it.

2. Include within the Request for Judicial Notice, a description of any fact to be judicially noticed and the specific document(s) evidencing such fact.

Applies to

Request for judicial notice

A Request for Judicial Notice must attach a certified copy of any referenced document not already on file with the Kings County Superior Court.

3. Attach to the Request a certified copy of any document to be judicially noticed or referenced which is not already on file with the Kings County Superior Court.

Applies to

Elisor appointment application

An application for appointment of an elisor and its proposed order must designate the Clerk or clerk’s designee and identify the party and signing capacity.

When applying for an appointment of an elisor, the application and proposed order must designate ‘The Clerk of the Court or clerk’s designee’ as the elisor and indicate for whom the elisor is being appointed and in what capacity they are to sign the document.

Applies to

Proposed order

Must include

proposed order

The proposed elisor order must identify the document to be signed and attach a copy of that document.

The order must expressly identify the document being signed and a copy of the document must be attached to the proposed order.

Applies to

Elisor appointment document

The original document presented for the elisor’s signature must match the copy attached to the proposed order.

The original document, presented for signature by the elisor, must match the copy of the document attached to the proposed order.

Applies to

Elisor appointment declaration

The declaration supporting an elisor-appointment application must state specific facts establishing necessity.

The declaration supporting the application must include specific facts establishing the necessity for the appointment of the elisor.

Applies to

Domestic violence restraining order request

Must include

proposed order

A request for a domestic violence restraining order must be accompanied by a proposed Form DV-130 Restraining Order After Hearing.

Upon submission of a request for a domestic violence restraining order, the petitioner must also provide a proposed Restraining Order After Hearing (Form DV-130).

Applies to

Income and expense declaration FL-150

Must include

page count

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

G. If child support and attorney fees are in issue, a current (less than 90 days old) Income and Expense Declaration form FL-150 must be completed, including the other party’s income, or a fair estimate thereof.

Applies to

Request for telephonic appearance

A request for telephonic appearance must be filed using Governmental Form FL-679.

Among other requirements, the rule requires that application for appearance be filed on the Request for Telephonic Appearance (Governmental) Form FL-679.

Applies to

Order appointing expert

The order appointing the expert should identify whether the minor or parents need an interpreter and, if so, specify the language.

The order appointing the expert should specify whether the minor and/or his or her parents require the services of a language interpreter and if so, what language.

Applies to

Juvenile competency evaluation report

The juvenile competency evaluation report should include the minor’s identifying information and other relevant background details.

Minor’s Identifying Information: A description of the youth’s age, gender identification, grade, living arrangement, and any other relevant information.

Applies to

Juvenile competency evaluation report

The evaluator should interview the minor.

Interview the minor.

Applies to

Juvenile competency evaluation report

The evaluator should review all available relevant records concerning the minor.

Review all available records provided, including, but not limited to, medical, education, special education, probation, child welfare, mental health, regional center, court records, and any other available relevant information.

Applies to

Juvenile competency evaluation report

The evaluator should consult with the minor’s counsel.

Consult with minor’s counsel.

Applies to

Juvenile competency evaluation report

The evaluator should consult with the minor’s probation officer.

Consult with probation officer.

Applies to

Juvenile competency evaluation report

The evaluator should consult with other persons who provided information to the court about the minor’s competence.

Consult with others who provided information to the court regarding the minor’s competence or lack thereof.

Applies to

Juvenile competency evaluation report

The evaluation should gather the minor’s developmental history.

Gather a developmental history of the minor.

Applies to

Juvenile competency evaluation report

Age-appropriate competence testing should be administered unless the case facts make it inappropriate or unnecessary.

Administer age-appropriate testing specific to the issue of competence unless facts of the case render such testing inappropriate or unnecessary.

Applies to

Juvenile competency evaluation report

The evaluator should assess the minor’s cooperation and, if it is inadequate or significantly uncertain, consider halting the evaluation and informing the parties.

Assess the minor for level of cooperation with the assessment. If the evaluator finds that cooperation is inadequate or significantly uncertain, the evaluator should consider halting the evaluation and forwarding this information to the parties.

Applies to

Juvenile competency evaluation report

Where possible, the report should answer the listed competence questions yes or no and provide the rationale for the opinion.

Answer the following questions “yes” or “no” where possible and provide the rationale for the opinion:

Applies to

Juvenile competency evaluation report

The evaluator must report the efforts made to obtain information that is unavailable.

If any information is unavailable to the juvenile competency evaluator, the evaluator shall note in the reports what efforts were made to obtain the information.

Applies to

Juvenile competency evaluation report

The report should include a concise summary of the competency findings.

Summary: A concise summary of competency findings should be provided.

Applies to

Juvenile competency evaluation report

When the minor is found not competent, the report should include additional remediation information.

If the minor is deemed “not competent,” please also include the following information.

Applies to

Juvenile competency evaluation report

For a minor found not competent, the report should address whether remediation services could lead to competence in the foreseeable future and explain the basis for that opinion.

Is the minor likely to attain competence in the foreseeable future if provided remediation services. Explain the basis for your opinion.

Applies to

Juvenile competency evaluation report

For a minor found not competent, the report should identify effective remediation services based on the minor’s current functioning.

If the minor is likely to obtain competence, what remediation services will be effective given the minor’s current functioning?

Applies to

Juvenile competency evaluation report

For a minor found not competent, the report should identify which aspects of functioning can realistically be remediated.

What specific aspects of the minor’s functioning can realistically be remediated?

Applies to

Juvenile competency evaluation report

For a minor found not competent, the report should provide a specific, detailed remediation plan covering available resources, strategies, interventions, timelines, and the estimated likelihood of success.

Provide a specific, detailed plan for remediation, including: a. Available resources b. Strategies c. Interventions d. Timelines e. Estimation of likelihood of success

Applies to

Document with multiple attached exhibits

A filing with more than one attached exhibit must include an index listing each exhibit’s description, designation, and page number.

All pleadings, motions, declarations, and other documents filed with the court which include more than one attached exhibit must include an index which sets forth a description of the exhibit, its exhibit designation, and its page number.

Applies to

Document with multiple attached exhibits

The exhibit index must appear immediately before the first exhibit-designation page and count in the document’s sequential pagination.

The index should be located immediately before the first exhibit designation page and included in the sequential numbering provided for in paragraph (B).

Failure to file or submit an applicable mandatory local form may delay document processing and may result in sanctions or dismissal.

Where a mandatory local form has been adopted or revised in accord with the requirements of California Rules of Court, rule 10.613, failure of a party to file or submit the form as directed may result in delayed processing of pleadings or other documents, sanctions and/or dismissal of the action.

Applies to

Pleadings

For all pleadings, parties using a third-party preparer must provide the preparer’s name and other required information in the caption or designated form area; if space is insufficient, the name must appear on the pleading and the remaining information may be submitted by simultaneous declaration.

C. This rule applies to all pleadings, including Judicial Council Forms. If a Judicial Council Form does not provide sufficient space to set forth the required information, parties must include the name of the preparer on the face of each prepared pleading. The remaining information required by this Rule may be submitted via a simultaneously filed declaration.

Applies to

Electronic filing exemption request

Must include

proposed order

A party requesting an exemption from electronic filing and service must lodge a proposed order with the court.

The requesting party shall lodge a proposed order with the court.

Applies to

Related document

Must include

caption

Documents, papers, and pleadings directly related to a previously filed document must include a caption reference to that earlier filing or motion.

All documents, papers or pleadings directly related to a previously filed document, paper or pleading must include a caption reference to the previously filed document, paper, pleading or motion.

Applies to

Uninsured motorist application or declaration

The application or declaration for uninsured-motorist designation should state the listed facts.

Said application or declaration should state the following:

Applies to

Pretrial submission

The parties should be prepared to provide a joint list of expected trial exhibits and clearly identify any related disputes.

H. A joint list of exhibits expected to be introduced at trial, with any exhibit-related disputes clearly identified for the court.

Applies to

Trial brief

The parties should be prepared to address a trial brief at the pretrial conference or motions in limine hearing.

J. A trial brief;

Applies to

Jury instructions

Parties should use the latest edition of CALCRIM forms whenever possible.

The latest edition of CALCRIM forms shall be used whenever possible.

Applies to

Motion

The face of each moving document must prominently display the hearing date and time and an estimated hearing duration.

All motions and responsive pleadings thereto shall have prominently displayed on the face of the moving document the date and time of the hearing and a time estimate for the duration of the hearing.

Applies to

Probation report

A probation report may include no more than five reference letters on behalf of a defendant.

No more than five (5) letters of reference on behalf of a defendant are to be attached to a probation report.

Applies to

Motion

Must include

proposed order

Every motion must include a proposed order, and omission of the order may delay processing or consideration.

E. All motions must be accompanied by proposed orders. Failure to include a proposed order may result in a delay in the processing and/or consideration of the motion by the court.

Applies to

Certificate of competency

All court-appointed counsel, including county-employed counsel, must annually complete and file a Certificate of Competency with the Presiding Judge of the Juvenile Court.

Each court appointed counsel, including those employed by county offices, must annually complete and file a “Certificate of Competency,” and file it with the Presiding Judge of the Juvenile Court.

Applies to

Marital settlement or termination agreement

When only one party has counsel, the other party’s proposed marital settlement or termination agreement should include the quoted acknowledgment and initials concerning independent legal advice and voluntary execution.

A. Any proposed Marital Settlement/Termination Agreement in which only one party has legal counsel should contain language which is in substantial conformity with the following: “Petitioner/Respondent acknowledges by the initials at the end of this paragraph that she/he has been advised to obtain independent legal counsel and that she/he has voluntarily chosen not to do so; that she/he has read and understands the contents and legal effect of this agreement and has entered into it and signed it freely and voluntarily.” (Initials of party)

Applies to

Expert witness availability

A party intending to call an expert without a written report must make the expert available at trial.

If there is no written report of the expert, the party intending to call the expert at trial shall be responsible for making the witness available on the day of trial.

Applies to

Elisor appointment application

An elisor-appointment application may not identify a specific court employee.

The application must not set forth a specific court employee.

Applies to

Elisor appointment application

When an elisor will sign documents requiring notarization, the applicant must arrange for a notary public to be present.

If the elisor is signing documents requiring notarization, the applicant must arrange for a notary public to be present when the elisor signs the document(s).

Applies to

Simplified financial statement FL-155

When only child support is at issue, Judicial Council form FL-155 may be substituted for the FL-150 declaration.

If only child support is in issue, then the Financial Statement (Simplified) Judicial Council form FL-155 may be substituted.

Applies to

Citation

For qualifying Vehicle Code violations, the arresting officer must specify the charged offense on a Judicial Council-approved form and state that dismissal will occur upon proof of correction.

Under Vehicle Code section 40522, an officer arresting for violations specified in Vehicle Code section 40303.5 is required to specify the offense charged and note in a form approved by the Judicial Council that the charge shall be dismissed upon proof of correction.

Applies to

Complaint

Must include

caption

The caption of an action subject to the high-frequency-litigant supplemental fee must identify the action as subject to that fee.

Caption must identify the action as subject to the supplemental fee.

Applies to

Petition for relief

The court-provided forms for Proposition 47 and Proposition 64 relief requests are optional but preferred, and a separate form should be used for each criminal case addressed.

A. The Kings County Superior Court has developed forms for use in connection with requests for relief under California Penal Code section 1170.18 and California Health & Safety Code section 11361.8. The forms are optional, but their use is preferred. The forms are available on the court’s website or by written request. A separate form should be used for every criminal case to be addressed.

Applies to

Notice of intention to present evidence

A party seeking consideration of aggravating or mitigating circumstances may file and serve a statement complying with Penal Code section 1170(b) and California Rules of Court rule 4.437.

A party seeking consideration of circumstances in aggravation or mitigation may file and serve a statement complying with the requirements of Penal Code section 1170(b) and Rule 4.437 of the California Rules of Court.