Lake Superior Court Document Filing Requirements

CRITICAL

Applies to

Judgment or order

A judgment or order submitted to the court must be self-contained and may not incorporate by reference a document that is not physically part of it.

Each judgment or order submitted to the court shall be self-contained; that is, it may not incorporate by reference any instrument or document that is not made a physical part of the judgment or order itself.

CRITICAL

Applies to

Motion petition or demurrer

Must include

proposed order

The moving party on a motion, petition, or demurrer must provide a proposed order, ruling, or judgment consistent with the requested relief.

The moving party on any motion, petition or demurrer shall provide a form of order, ruling, or judgment consistent with the relief requested in the moving

CRITICAL

Applies to

Supporting declaration

A request to shorten time must include a declaration stating whether the responding party is represented, the attorney’s name and address, and whether the attorney was contacted and agreed to the proposed hearing date and time.

If such an order shortening time is requested, the supporting declaration must state whether or not the responding party is represented by counsel, the name and address of the responding party’s attorney, and whether or not that attorney has been contacted and has agreed to the date and time proposed for the hearing.

CRITICAL

Applies to

Supporting declaration

If opposing counsel was not contacted or did not agree, the declaration must explain why the proposed hearing date should be set without counsel’s consent and why shortened notice is necessary.

If the responding party’s attorney has not been contacted or has not agreed to the proposed setting, the supporting declaration must clearly demonstrate why the hearing should be set on the proposed date without the consent of opposing counsel, and the reason the matter must be heard on shortened notice.

CRITICAL

Applies to

Declaration

A subsequent application for the same or a similar order after an ex parte motion was denied, partly denied, or granted conditionally must include a declaration detailing the prior motion, its timing and judge, the decision, and any claimed new facts.

When an ex parte motion has been made, and has been refused in whole or in part, or has been granted conditionally or on terms, and a subsequent application is made for the same or a similar order, to the same or different judge, whether upon an alleged different state of facts or otherwise, then the applicant must show, by declaration, what motion was previously made, the nature of the previous motion, when and to what judge is was made, what order or decision was made thereon, and what new facts, if any, are claimed by the new motion.

CRITICAL

Applies to

Application

An applicant must submit a declaration describing the defendant’s payments or other compliance, the alleged failure to perform, and the substance of the requested order.

Whether ex parte or on notice, the applicant must submit a declaration setting forth any payments made or other compliance by defendant; the specifics of the allege failure to perform; and the substance of the order requested.

CRITICAL

Applies to

Request

Counsel’s request for permission to bring toxic or hazardous materials into the courtroom must address the six listed topics.

Counsel’s request must address the following: 1. A list of the technical and street names of said materials. 2. The types and size of the containers to be utilized for the materials. 3. The name of the person who will transport the materials into the courtroom and the name of the person who will remove the materials. 4. Where the materials will be stored, and the conditions under which the materials will be stored, viewed or handled. 5. An explanation as to why the material is hazardous or potentially hazardous and the remedies to be followed in the event of a spill, leak or other accident. 6. An explanation as to why the introduction of the materials into evidence must be accomplished by their physical presence in the courtroom, rather than proof of their existence by any other method.

CRITICAL

Applies to

Request for order

Must include

proposed order

An elisor appointment must be requested by request for order, generally cannot be granted ex parte, and the request must include a supporting declaration listing the documents to be signed and a proposed order.

A. Request for Order. A court order for the appointment of an elisor must be made by a request for order, and cannot be granted on an ex parte basis unless previously ordered otherwise. The request for order must include at least one supporting declaration with a list of the exact documents the elisor is being asked to sign. The request must be accompanied by a proposed order.

CRITICAL

Applies to

Supporting declaration

Supporting declarations for an elisor appointment must identify the supporting court order, describe good-faith meet-and-confer efforts, and state specific facts establishing the necessity of the appointment and each signature.

B. Mandatory Information in Supporting Declaration(s). The supporting declaration(s) must include all of the following: 1. The title, date, page(s) and line(s) of the court order upon which the request to appoint an elisor is based. 2. A description of the good faith efforts to meet and confer to resolve the issue informally. 3. Specific facts establishing the necessity of the appointment of an elisor, including the reason, by a person with personal knowledge, why each document requires the elisor's signature.

CRITICAL

Applies to

Proposed order

Must include

proposed order

The proposed order must designate the Clerk of the Court or Clerk's Designee as elisor without naming a specific employee, and identify the party, documents, and signing capacity.

C. Mandatory Language in Proposed Order. The proposed order must include all of the following: 1. Designate “The Clerk of the Court or Clerk's Designee” as the elisor. The order cannot state a name or title of a specific court employee. 2. State the party's name for whom the elisor is being appointed; the exact title or a sufficient description that accurately identifies each document to be signed; and the capacity in which the elisor will be signing each document.

CRITICAL

Applies to

Original documents

Original documents presented to the elisor for signing must be identical to the copies attached to the proposed order.

2. The original documents presented to the elisor for signing must be identical to the copies of the documents attached to the proposed order.

CRITICAL

Applies to

Fee application

A fee application must itemize the legal services rendered and the time spent on those services.

The application must include an itemization of the legal services rendered and the amount of time for such services.

CRITICAL

Applies to

Fee application

Fee applications must be submitted to the court for approval.

Application for fees must be submitted to the court for approval.

CRITICAL

Applies to

Pleading

All pleadings supporting or opposing the application or petition must comply with California Rule of Court 4.111.

All pleadings filed in support of and opposition to the Application or Petition shall comply with California Rule of Court 4.111.

CRITICAL

Applies to

Medical records psychological records assessments and proposed treatment plans

Before the mental health court hearing, the defendant must file and serve relevant medical and psychological records, assessments, and proposed treatment plans.

Prior to the hearing on the Application or Petition in mental health court, defendant shall file and serve any relevant medical records, psychological records, assessments and proposed treatment plans.

CRITICAL

Applies to

Request to file documents under seal

If the defendant asks to file those documents under seal, the defendant must file a proposed protective order and a declaration confirming service of the documents and proposed order on the prosecution.

If defendant requests any such documents be filed under seal, defendant shall file a proposed protective order (local form LK-914 may be used), along with a declaration stating the documents and proposed order have been served on the prosecution.

CRITICAL

Applies to

Progress report

At review hearings, the defendant or the defendant’s mental health provider must submit a progress report about the defendant’s participation in the treatment plan.

At the review hearings, defendant or defendant’s mental health provider shall submit a progress report concerning defendant’s participation in the treatment plan.

CRITICAL

Applies to

Mental health diversion termination

Termination of mental health diversion requires a written motion or order to show cause and a noticed hearing.

Termination of mental health diversion pursuant to Penal Code section 1001.36(g), shall be ordered only after a written motion or order to show cause and a noticed hearing.

CRITICAL

Applies to

Order

An order containing child support provisions must include a completed FL191 form.

Any order submitted containing provisions for child support must include a completed child support case registry FL191 form.

CRITICAL

Applies to

Responding pleadings

When a party contends that requested support is inappropriate, the responding pleadings must include a declaration identifying the disputed factors.

If it is contended that the requested support is inappropriate, a declaration setting forth the disputed factors shall be attached to the responding pleadings.

CRITICAL

Applies to

Declaration

When required by law, declarations must address changes in circumstances since the prior order.

When required by law, declarations must address any changes of circumstances since any prior order.

CRITICAL

Applies to

Income and expense declaration or financial statement

When support is at issue, both parties must file a current Income and Expense Declaration or, if applicable, Financial Statement (Simplified), and serve it on the other party before the hearing.

A current Income and Expense Declaration or, if applicable, Financial Statement (Simplified), shall be filed by both parties, and served on the other party in advance of the hearing, when support is at-issue.

CRITICAL

Applies to

Moving or responding papers

If a financial statement filed within the last three months is alleged to be current and relied on, a copy must be attached to the moving or responding papers.

If an Income and Expense Declaration or Financial Statement (Simplified) that was filed within the last three months is alleged to be current and relied on, a copy shall be attached to the moving or responding papers.

CRITICAL

Applies to

Hearing documents

The parties must bring legible copies of their last three state and federal tax returns, including all attachments and specified supporting materials, to the hearing.

The parties shall bring legible copies of their last 3 state and federal income tax returns to the hearing, including all attachments, specifically including all schedules, w-2 forms, 1099 forms, and amendments.

CRITICAL

Applies to

Family law status report lk100

When the stated service-and-proof condition is not met, the petitioner must file the Family Law Status Report with only items 1 and 2 completed.

2. Proof of Service - Unless the initial pleadings are served within 60 days of filing and a proof of service filed with the court, attendance is mandatory, and petitioner is required to file Family Law Status Report (LK100) with only items 1 and 2 completed.

CRITICAL

Applies to

Declaration regarding service of preliminary declaration of disclosure fl141

Parties must file form FL-141 before the second calendared case review conference.

3. Declaration Regarding Service of the Preliminary Declarations of Disclosure (FL141) - Parties must file the Declaration Regarding Service of Preliminary Declaration of Disclosure (FL-141) before the second calendared case review conference.

CRITICAL

Applies to

Mandatory settlement conference statement lk101

The Mandatory Settlement Conference Statement (LK 101) must be filed before the Mandatory Settlement Conference.

5. Mandatory Settlement Conference Statement (LK 101) - This form must be filed with the court prior to the Mandatory Settlement Conference.

CRITICAL

Applies to

Income expense declaration or simplified financial statement

If support, fees, or costs are requested, each party must complete and file an FL-150 or FL-155 15 days before the mandatory settlement conference.

Each party must complete and file the following fifteen (15) days before the mandatory settlement conference: 1. Current Income and Expense Declarations (FL-150) or Financial Statement Simplified (FL-155), if support, fees, or costs are requested;

CRITICAL

Applies to

Request for order

A Request for Order must include or attach the applicant’s declaration and any other declarations based on the signer’s personal knowledge that provide the information required by Rule 5.151.

The Request for Order (FL-300) must contain therein, or have attached thereto, the declaration of applicant and such other declarations, based on personal knowledge of the person signing the declaration, to provide the information, pursuant to Rule 5.151, as follows:

CRITICAL

Applies to

Temporary emergency order request

A request for a temporary emergency order must include fully completed required relief forms, identify the specific orders requested, and include form FL-305.

A request for a temporary emergency order shall include all of the required forms for the relief requested in the Request For Order (FL-300) fully completed to provide all relevant information required by each form, must identify the specific order(s) requested by the party and include the form of Temporary Emergency Court Orders (FL-305).

CRITICAL

Applies to

Notice declaration

The court will review an emergency-order request only if a separate notice declaration shows proper notice or facts establishing good cause to waive notice; omission results in denial without prejudice.

The court will not act to review the request for issuance of a temporary emergency court order unless a separate declaration regarding notice is presented to the court which demonstrates that the other party has either been given proper notice of the request or demonstrates an affirmative factual showing of good cause for the court to waive notice. In the event a declaration regarding notice is not submitted, the request for the emergency order shall be denied. The court will not act to review or consider the other papers of the request unless the court finds that proper notice of the request has been given or finds good cause for a waiver of notice based solely on the contents of the separate declaration regarding notice. The denial of the request for the temporary emergency order for the reason that a separate declaration regarding notice was not submitted shall be without prejudice to a new request being made in compliance with this rule.

CRITICAL

Applies to

Declaration regarding notice

A request to waive notice must be stated in a separate declaration that affirmatively demonstrates good cause based on at least one of the listed grounds, without incorporating other papers except attached exhibits.

In the event the party presenting the request seeks the issuance of the order without notice to the other party, the separate declaration regarding notice shall state such request and must demonstrate, without reference to or incorporation by reference of other papers, other than exhibits attached to the declaration, good cause based on an affirmative factual showing that: 1. Giving notice would frustrate the purpose of the requested orders; or 2. Giving notice would likely result in immediate and irreparable harm to the applicant or the children; or 3. Giving notice would result in immediate or irreparable damage or loss of property; or 4. The applicant has made reasonable and good faith efforts to give notice to the other party and further attempts to give notice would likely be futile and burdensome.

CRITICAL

Applies to

Application for temporary emergency court order

Every application must make an affirmative factual showing of irreparable harm, immediate danger, or another statutory basis for granting the ex parte temporary court order.

In all applications, an affirmative factual showing of irreparable harm, immediate danger or other statutory basis for the court to grant the ex parte temporary court order.

CRITICAL

Applies to

Application for emergency child custody or visitation order

An application for emergency temporary orders granting or modifying child custody or visitation must give a full, detailed description of the most recent incidents showing immediate harm to the child as defined in Family Code section 3064(b).

An application for emergency temporary court orders granting or modifying child custody or visitation must: a. Provide a full, detailed description of the most recent incidents showing: i. Immediate harm to the child as defined in Family Code section 3064(b); or

CRITICAL

Applies to

Opposition

A written opposition must include a Responsive Declaration (FL-320) and any other declarations and documents opposing the request.

The written opposition shall include a Responsive Declaration (FL- 320) and any other declarations and documents opposing the request.

CRITICAL

Applies to

Request for order shortening time

A request to shorten time must be submitted ex parte on FL-300 and comply with Rule 5.151, including a separate notice declaration and request contents demonstrating an affirmative factual basis.

A request for an order shortening time shall be submitted as an ex parte request on a Request For Order (FL-300) and shall comply with Rule 5.151, California Rules of Court, including the submission of a separate declaration regarding notice, as described by the rule, and the contents of the request, as described by this rule, demonstrating an affirmative factual showing upon which the court may issue an order shortening time for hearing and/or service.

CRITICAL

Applies to

Matter submitted without appearance

Must include

proposed order

A matter eligible for determination without testimony may ordinarily be submitted without counsel or witness appearances, provided all necessary papers, including declarations and proposed orders, are delivered to the clerk within the Rule 3.3 time limit.

A matter that by law may be determined upon declaration, affidavit or verified pleading and without testimony, may ordinarily be submitted for appropriate action by the court without appearance by counsel or witnesses provided that all necessary papers, including declarations and proposed orders, must be delivered to the clerk within the time limit prescribed by rule 3.3.

CRITICAL

Applies to

Petition for allowance of claim

A personal representative’s claim requires a written petition for allowance and notice of the petition hearing to every interested person in the manner provided by Probate Code section 1220.

Claims of personal representatives will be allowed pursuant to Probate Code §9252 only upon a written petition for the allowance thereof, after every person interested in the estate shall have been given notice of hearing of said petition in the manner provided by Probate Code §1220.

CRITICAL

Applies to

Inventory and appraisal

Counsel or an unrepresented personal representative must complete all bond-related statements called for on the current Judicial Council-approved inventory and appraisal form.

Counsel for the personal representative or the personal representative, if acting without counsel, will complete all appropriate statements regarding the representative's bond which are called for upon the inventory and appraisal form in current use with the approval of the Judicial Council of California.

CRITICAL

Applies to

Petition for probate

When seeking independent-administration authority to sell real property without court supervision, the petition for probate must disclose the estimated net value of the real property, and the probate order must set the bond at the specified minimum amount or twice that amount if personal sureties are used.

In proceedings in which authority is sought pursuant to the Independent Administration of Estates Act (Probate Code §10400, et seq.) which would authorize the personal representative to sell real property without court supervision, the petition for probate will disclose the estimated net value of the decedent's real property and the order for probate will fix the amount of the bond required of the personal representative at not less than the aggregate of the estimated value of the decedent's personal property, the estimated net value of the real property, and the estimated value of the probable annual gross income of all of the property belonging to the estate, or, if the bond is to be given by personal sureties, at not less than twice that amount.

CRITICAL

Applies to

Case management conference statement

The case management conference statement must use a form approved by the Judicial Council.

No later than 15 days prior to the first case management conference all parties are required to file a case management conference statement on a form approved by the Judicial Council.

CRITICAL

Applies to

Stipulation to continue trial

Must include

proposed order

A written stipulation may replace a motion to continue or vacate and reset trial only if all parties agree, the stipulation states good cause and that it is subject to court approval, and it includes a proposed order.

A stipulation to continue a trial, or to vacate a trial date and calendar the matter for re-setting, may be accepted in lieu of a motion as long as 1) all parties agree in writing; 2) the terms of the written stipulation set forth good cause pursuant to § 9 of the Standards of Judicial Administration and CRC § 3.1332(a), and further state that the stipulation is subject to approval by the court; and 3) the stipulation is accompanied by a proposed order.

CRITICAL

Applies to

Settlement conference statement

The written settlement conference statement and supporting material must describe the case and relevant legal, factual, and other conditions in enough detail to enable a meaningful conference.

The settlement conference statement shall be in writing and shall describe the case and all relevant legal issues, factual issues, and conditions. The statement and supporting material must be sufficiently detailed to enable the settlement conference judge or pro tem judge to conduct a meaningful settlement conference.

CRITICAL

Applies to

Case management statement

If a vacated trial date is not reset, each party must file a current and complete case management statement (JC Form CM 110) at least five days before the matter’s further proceedings on the regular case management calendar.

If a trial date is vacated and not reset it will be set for further proceedings on the regular case management calendar, and at least five (5) days before that date each party must file a current and complete casement management statement (JC Form CM 110).

CRITICAL

Applies to

Settlement conference statement

A party claiming damages must include all claimed special damages in the settlement statement and supply corroborating evidence for examination by the settlement conference judge.

B. The attorney(s) for each party or each party representing themselves claiming damages shall include in the settlement conference statement a list of all special damages claimed, and shall supply corroborating evidence, to be available for examination by the settlement conference judge.

CRITICAL

Applies to

Financial documents and information

In family law cases, all financial documents and information must be informally exchanged at least 21 days before the conference.

In family law cases, all financial documents and information shall be informally exchanged at least 21 days prior to the conference.

CRITICAL

Applies to

Settlement conference materials

Opposing parties must bring copies of reports and records from examining doctors or other experts employed by them or their insurers for the judge’s consideration.

Opposing parties shall bring with them copies of all reports and records of all examining doctors or other experts employed by them or their insurance carriers(s), if any, who examined plaintiff’s claims, to be available for consideration by the settlement conference judge.

CRITICAL

Applies to

Settlement conference materials

All parties and counsel must organize in advance and bring pertinent settlement materials, including medical records, depositions with relevant pages premarked, and other listed documents, for the judge’s examination.

C. All parties and their counsel shall organize in advance and bring to the conference such medical reports and records and any deposition (with relevant pages premarked), photographs, books, records, diagrams, maps, bills, contracts, memoranda, and all other documents pertinent to settlement of the case for examination by the settlement conference judge.

CRITICAL

Applies to

Attorney fee application

An attorney-fee application must include supporting facts, detailed time devoted to each service component, and the amount requested for each service item.

Application for attorney's fees must be accompanied by a complete statement of the facts upon which the application is based, including a detailed statement of the amount of time devoted to each component of the services, and must specify the amount requested for each item of service, not merely reasonable fees.

CRITICAL

Applies to

Petition for extraordinary services fees

A request for fees for extraordinary services will not be considered unless the petition title and hearing notice refer to the request and the prayer states the requested amount.

Application for fees for extraordinary services will not be considered unless the title of the petition and the notice of hearing include a reference to the request. The prayer shall set forth the amount of the request.

CRITICAL

Applies to

Application for compensation extraordinary services

An application for compensation for extraordinary services must state the service dates and nature, hours for ordinary and extraordinary services, hourly rate, and total amount requested.

An application for compensation for extraordinary services shall specify, with respect to such services: 1. The date rendered. 2. Nature of services rendered, in detail. 3. Hours spent on ordinary services. 4. Hours spent on extraordinary services. 5. Hourly rate. 6. Total amount requested.

CRITICAL

Applies to

Arbitration brief

An arbitration brief must concisely state the facts and the parties’ legal and factual contentions; a plaintiff’s or cross-complainant’s brief must also state damages or other relief sought and, where appropriate, detail the amount and elements of claimed financial harm or loss.

Not less than 5 days prior to the date first set for the hearing, counsel for each party will deliver copies of that party’s pleadings (complaint, cross-complaint and answer) to the arbitrator and will deliver to the arbitrator and counsel for each other party an arbitration brief containing a concise statement of the facts and the legal and factual contentions of the parties, which, in the case of a plaintiff or cross-complainant, will include a statement of damages or other relief sought in the arbitration and, where appropriate, a detailed statement of the amount and elements of any claimed financial harm or loss which is the basis for the claim.

CRITICAL

Applies to

Request to be excused from attendance

Must include

proposed order

A request to be excused from attendance must include a proposed order, and failure to provide one may be grounds for denial.

In all requests to be excused from attendance, the moving party shall present a proposed form of Order Regarding Remote Appearance (CIV-020) or other proposed form of Order on the request. The failure to present a form of Order shall be grounds for denial of the request.

CRITICAL

Applies to

Opposition to remote proceedings

Opposition papers must state the specific facts and applicable law, with supporting evidence, for the specified grounds opposing remote appearance or testimony.

The papers filed in opposition shall include, as part of the showing to be made in opposition to the remote appearance or remote testimony, the following: (1) A statement of the specific facts and applicable law argued by the opposing party, along with supporting evidence, to establish any claim of actual prejudice of a substantial right of the opposing party, that an in-person appearance would materially assist in the determination of the proceeding or the existence of other factors provided under Code of Civil Procedure section 367.75(b); and,

CRITICAL

Applies to

Witness list

A witness list must identify any witness who needs an interpreter and state the required language.

The witness list shall advise that a witness will need an interpreter and the language required.

CRITICAL

Applies to

Electronic audio or video recording evidence

Electronic audio or video recording evidence must be accompanied by a written transcript of the audio portion offered in evidence.

Electronic audio or video recording evidence must be presented on a flash drive or disc and be accompanied by a written transcript of the audio portion of the recording to be offered in evidence.

CRITICAL

Applies to

Messaging exhibits

Email, text, and other messaging exhibits must be annotated to identify the person who made or sent each communication.

Exhibits consisting of copies of emails, texts or other messaging shall be annotated in such manner to reflect the identity of the person making or sending the communication.

CRITICAL

Applies to

Subpoena or notice to compel remote witness attendance

A subpoena or notice compelling attendance at a remote proceeding must include remote-appearance directions, video-conference access instructions, duplicate copies of relevant exhibits, and instructions for remote participation.

Each party or counsel in issuing any subpoena or notice to compel the attendance of a witness at a remote proceeding, shall provide the directions that the witness shall be required to appear remotely, the process for the witness to attend using the video conference application for the remote appearance, duplicate copies of the exhibits to be produced or used in the examination of the witness, and the instructions for the participation of the witness remotely before the court as set forth herein.

CRITICAL

Applies to

Jury demand

In equitable civil cases, a jury demand must comply with CCP §631, be in writing, and specify the factual issues for the jury.

In civil cases in which all causes of action are equitable in nature, a trial by jury on any specific factual issue is available only upon compliance with CCP §631. In such cases the demand for jury shall be in writing and shall specify the factual issues to be determined by the jury.

CRITICAL

Applies to

Pre trial conference statement

Attorneys must file and serve pre-trial conference statements with the listed contents no later than seven court days before trial; voir dire questions and a glossary are included only when desired or ordered as stated.

(a) Pre-Trial Conference Statement. No later than seven (7) court days prior to trail, the attorneys shall file and serve their respective Pre-Trial Conference Statements. Such statements shall include: (1) A list of witnesses expected to be called by the party and the estimated length of direct examination of each witness; (2) A statement of the case that counsel proposes to be read to the jury; (3) If desired by the attorney, a list of voir dire questions to be asked by the judge, including specific references to questions in the Standards of Judicial Administration section 3.25; (4) If desired by the attorney or ordered by the judge, a glossary of technical or unusual terms expected to be used during the trial; (5) Requests for judicial notice, identified by number in the body of the statement and with the items that are the subject of the requests appended as attachments; (6) Proposed jury instructions, identified by number in the body of the statement and appended as attachments in proposed final form. (7) Proposed verdict forms, identified by number in the body of the statement and appended as attachments in the proposed final form. (8) A list of exhibits, with a short description of the exhibit, expected to be used by the party. The number of expected exhibits should be provided to the Court so that proper exhibit number series may be made available by the Court.

CRITICAL

Applies to

Motion in limine

Motions in limine must identify evidentiary questions to be decided before or during trial and include points and authorities where appropriate.

Motions in limine shall include any evidentiary questions to be decided prior to, or during, trial, together with points and authorities where appropriate.

CRITICAL

Applies to

Order of appointment

The appointment order must be signed by the appointing Judge or Commissioner and grant the advocate authority to review relevant documents and interview case participants and other persons with significant information about the child.

To accomplish the appointment of a special advocate, the Judge or Commissioner making the appointment shall sign an order granting the advocate the authority to review specific relevant documents and interview parties involved in the case, as well as other persons having significant information relating to the child, to the same extent as any other officer appointed to investigate proceedings on behalf of the court.

CRITICAL

Applies to

Written oath

Before beginning duties, each advocate must be sworn in by a Judge or Court Commissioner and subscribe to a written oath.

Each advocate shall be sworn in by a Judge or Court Commissioner before beginning his or her duties, and shall subscribe to a written oath.

Checked and corrected to match the court's document on Oct 11, 2026CRITICAL

Applies to

Motion

Must include

proposed order

Unless good cause is shown, a request to modify a Criminal Protective Order must include a written motion, a supporting application and declaration showing grounds, and a completed proposed modified order.

Unless good cause is shown to be present, a request for modification of a Criminal Protective Order shall be made by a written motion, and supporting application and declaration, showing grounds for the requested modification and the submission of a completed proposed modified Criminal Protective Order (JC- Form CR-160).

CRITICAL

Applies to

Electronic filing

An electronic filing requiring a signature under penalty of perjury must have a valid electronic signature or a physically signed printed version capable of production upon request.

An electronic filing which provides for a signature under penalty of perjury must either contain a valid electronic signature or have been physically signed by the declarant in printed form capable of production upon request by the court or other parties in compliance with CRC, 2.257.

WARNINGCourt notice

Applies to

Pleading requesting a hearing

Pleadings requesting a hearing must leave the hearing time blank, state a preferred hearing date, and allow the court to assign the hearing time before filing; the court may contact the filer if the requested date is unavailable.

The Law and Motion calendars have time slots with a limited number of cases allowed. Any pleadings that request a hearing should be submitted with the hearing time left blank and the court will assign a hearing time prior to filing. Your preferred hearing date should be inserted on your pleading. If the date requested is unavailable, the court may reach out to you for an alternate date.

WARNING

Applies to

Nunc pro tunc order

If the nunc pro tunc order is not a completely amended order, it should substantially follow the provided form.

If the nunc pro tunc order does not take the form of a completely amended order reflecting its nunc pro tunc character, it should be substantially in the following form: “On motion to correct a clerical error, the (identify the order to be corrected, giving the title and date thereof) is corrected nunc pro tunc by striking the following: (set forth the matter to be eliminated) and by inserting in lieu thereof the following: (set forth the correct matter).”

WARNING

Applies to

Discovery motion

Discovery motions must focus on specific items still disputed after informal requests have been presented.

Motions for discovery shall be focused upon specific items which remain in dispute after presentation of informal requests.

WARNING

Applies to

Discovery motion

Boilerplate discovery motions are disfavored.

“Boilerplate” discovery motions are disfavored.

WARNING

Applies to

Application or petition

To the extent the information is available when filed, the application or petition should detail the disorder and its history, its connection to the offense, an expert opinion on treatment response, the defendant’s consent and speedy-trial waiver, and a proposed treatment plan.

To the extent such information is available at the time of filing, the Application or Petition should specify in detail: 1. The mental disorder at issue, including diagnostic and treatment history of said disorder. If the defendant suffers from multiple or co-occurring disorders, the application shall so specify; 2. A description of the nexus between defendant’s mental disorder and the charged offense; 3. The opinion of a qualified mental health expert indicating that the defendant’s symptoms motivating the criminal behavior would respond to mental health treatment; 4. A statement that the defendant consents to diversion and waives the right to a speedy trial (Local Form LK-905 may be used for that purpose); 5. A description of the proposed treatment plan.

WARNING

Applies to

Pleadings

When possible, both moving and responding parties must attach or submit a computer support printout in matters involving child support or temporary spousal or partner support, but not permanent spousal or partner support.

Whenever possible, a computer support printout shall be attached to the pleadings or submitted to the Court at the time of the hearing by both moving and responding parties in all matters where child support and/or pendente lite spousal or partner support is at issue (but not permanent spousal or partner support.)

WARNING

Applies to

Family law status report with declaration

If compelling circumstances prevent filing a default or response, a party may file a Family Law Status Report with an attached declaration detailing those circumstances.

If compelling circumstances exist and a default or response cannot be filed, you may file a Family Law Status Report with an attached declaration detailing the circumstances.

WARNING

Family law cases are reviewed for compliance, and noncompliance, including missing a mandatory court event or failing to file required forms, may result in the referenced sanctions.

All family law cases will be reviewed for compliance with these rules, and orders to show cause may be issued for failure to comply. Failure of party or parties to comply with these family law rules, including failing to appear at a mandatory court event or failing to file required forms, may result in the sanctions referenced in Section 1.6 “Sanctions for Non-Compliance” of these local rules.

WARNING

Applies to

Case management conference statement

Further case management conference statements are required only if the court orders them.

Further case management conference statements are not required unless ordered by the court.

WARNING

Submitted documents must include electronic bookmarks linking to each exhibit’s first page and identifying and briefly describing the exhibit.

submitted shall comply with these Rules and shall include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit.

WARNING

Applies to

Motion in limine

At trial, five specified motions in limine are deemed granted even if counsel did not make them, unless counsel requests otherwise and the court approves; written motions on those issues are unnecessary unless counsel requests otherwise.

Unless otherwise requested by counsel and approved by the court, the following motions in limine will be deemed granted at the time of trial, even when not made by counsel: (1) Motion excluding evidence of collateral source; (2) Motion excluding evidence of or mention of insurance coverage; (3) Motion excluding experts not designated pursuant to Code of Civil Procedure section 2034.300; (4) Motion excluding offers to settle and/or settlement discussions; and (5) Motion to exclude testifying witnesses prior to the time of testimony. Written motions need not be submitted on the above issues unless the counsel is requesting otherwise.

WARNING

Applies to

Electronic filing

By electronically filing a paper, the filer represents that the filer or identified signatory signed it.

The electronic filing of any paper by a filer represents to the court that the filer or person identified as signing the paper has signed the electronically filed paper.

INFO

Applies to

Pleadings

Litigants are encouraged to attach to their pleadings and bring to the hearing a computer support printout addressing possible income and time-sharing findings.

In such matters, litigants are encouraged to attach to their pleadings and bring to the hearing a computer support printout for any possible income and time sharing findings the Court may reasonably make.

We could not confirm this summary. Read the court's wording below.CRITICAL?

Applies to

Case management conference statement

NO LATER THAN 15 DAYS PRIOR TO THE FIRST CASE MANAGEMENT CONFERENCE ALL PARTIES ARE REQUIRED TO FILE A CASE MANAGEMENT CONFERENCE STATEMENT ON A FORM APPROVED BY THE JUDICIAL COUNCIL. FURTHER CASE MANAGEMENT CONFERENCE STATEMENTS ARE NOT REQUIRED UNLESS ORDERED BY THE COURT. (EFF. 1/1/2009)

Summary: All parties must file the first case management conference statement on a Judicial Council-approved form; further statements are required only if ordered by the court.

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Applies to

Ex parte application

If such a correction is requested by a party it must be supported by an ex parte application and declaration.

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Applies to

Proposed order

D. Mandatory Additional Requirements. 1. Copies of all documents to be signed must be attached to the proposed order.

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Applies to

Fee application ?

If an attorney believes that the case is of such a special or unusual nature that is not possible to render services in accordance with the maximum fee schedule, he/she must file a declaration explaining why an exception to the maximum fee is sought.

Summary: An attorney seeking an exception to the maximum fee schedule for a special or unusual case must file a declaration explaining the request.

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Applies to

Application or petition

The Application or Petition shall be noticed for initial hearing on the criminal law and motion calendar.

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Applies to

Income and expense declaration or financial statement ?

All blanks on the form must be answered.

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Applies to

Hearing documents ?

If the tax return for the prior year is not available, self -employed parties shall bring their most recent profit and loss statements, balance sheets, quarterly sales tax reports, the last filed tax return, or similar documentation evidencing income from all sources.

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Applies to

Hearing documents ?

If a self employed party operates as a corporation, the last corporate tax return shall also be produced.

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Applies to

Hearing documents ?

If the tax return for the prior year is not available for an employee, that person shall bring paystub(s) for the prior year-end showing all income for the prior year.

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Applies to

Mandatory settlement conference statement lk101 ?

Before filing this form, the parties must meet and confer in person or by telephone regarding the case unless a protective order, as defined by Family Code § 6218, is in place.

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Applies to

Mandatory settlement conference statement lk101 ?

Each party must complete this form.

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Applies to

Proof of service of summons and family law status report lk100 ?

No appearance will be necessary if the following documents have been filed prior to the scheduled court date: a. Valid proof of service of summons; b. Family Law Status Report (LK-100) (Items 1 & 2 only).

We could not confirm this summary. Read the court's wording below.CRITICAL?

Applies to

Case review conference filings ?

No appearance is necessary if the days following documents are filed prior to the scheduled court date: a. Request to Enter Default (FL-165) and judgment forms; or b. Response (FL-120) or (FL-220); Declarations re Preliminary Declaration of Disclosure (FL-141); and Family Law Status Report (LK-100) (Dissolution/Legal Separation Only)

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

Each party must complete and file the following fifteen (15) days before the mandatory settlement conference: 2. Mandatory Settlement Conference Statement (LK-101);

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

Each party must complete and file the following fifteen (15) days before the mandatory settlement conference: 3. Property Declaration (FL-160);

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

Each party must complete and file the following fifteen (15) days before the mandatory settlement conference: 4. Witness List (LK-102 optional form) The parties must exchange and file their witness lists that identify all witnesses to be called in their case in chief. The list should include a brief statement of what the witness will testify to and a time estimate of the direct examination of that witness.

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Applies to

Temporary emergency order request ?

The request shall also include a separate declaration regarding notice of the request in the form and containing the information required by Rule 5.151(e), California Rules of Court, and as provided herein.

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Applies to

Settlement conference statement

A. At least ten days before the conference, each party shall lodge with the clerk and serve upon all parties or their counsel, a detailed settlement conference statement composed in accordance with CRC § 3.1380(c).

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

Not later than ten (10) days prior to the date set for the conference, each party will serve on each other party, and file with the clerk, an arbitration conference statement containing information relevant to: 1. The nature of the case; and 2. The amount in controversy, including an itemized statement of the amount of any damages claimed; and 3. The insubstantiality or frivolousness of any prayer for equitable relief; and 4. Any information bearing on the question whether arbitration would not reduce the probable time and expense necessary to resolve the litigation.

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

(2) As part of the required opposition showing, the opposing party shall include a statement describing a reasonable and good faith attempt to meet and confer with counsel for the requesting party or, the self-represented party requesting a remote appearance or remote testimony, in a meaningful attempt to resolve the opposition or any other objection to the requested remote appearance or remote testimony.

We could not confirm this summary. Read the court's wording below.WARNING?

Applies to

Nunc pro tunc order ?

To prevent further errors, nothing less than a complete clause or sentence should be stricken, even if it is intended only to correct one word or figure.

We could not confirm this summary. Read the court's wording below.WARNING?

Applies to

Income and expense declaration or financial statement ?

Notations such as “Unk.” For Unknown, “Est.” for Estimated, “N/A” for Not applicable, and “None” shall be used to avoid leaving any item blank.

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Applies to

Complaint

Complaints regarding the conduct of counsel appointed for a child shall be in writing and will be handled by the judicial officer to whom the case is assigned. The complaint shall be served on all counsel and self- represented parties.

Summary: A complaint about appointed counsel's conduct must be in writing and served on all counsel and self-represented parties.

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Applies to

Settlement conference statement ?

In a personal injury action, the special damages for each plaintiff should be up-to-date listed separately, totaled, and categorized as health care (including medical, hospital, ambulance, and drugs) and loss of earnings, if any.