Madera Superior Court Document Filing Requirements

Applies to

Original discovery

At the Trial Management Conference, parties must submit the original discovery to be used during trial.

All Trials: a. Original discovery to be used during the trial

Applies to

Exhibit list and exhibits

At the Trial Management Conference, parties must submit exhibit lists and exhibits; exhibits should be pre-marked and placed in separate binders for the clerk, witness, and trial judge.

All Trials: a. Original discovery to be used during the trial b. Exhibit lists and exhibits. Exhibits should be pre-marked and placed in the separate binders – one for the clerk, one for the witness, and the original for the trial judge. Note: exhibit lists can be emailed to the Judicial Courtroom Assistant.

Applies to

Witness list

At the Trial Management Conference, parties must submit witness lists.

All Trials: c. Witness lists.

Applies to

Neutral statement of the case

At the Trial Management Conference, parties must submit a neutral statement of the case for jury trials.

Jury Trials: d. Neutral statement of the case

Applies to

Verdict forms

At the Trial Management Conference, parties must submit verdict forms for jury trials.

Jury Trials: e. Verdict forms

Applies to

Jury instructions

At the Trial Management Conference, actual fully completed jury instructions must be submitted for jury trials, rather than merely form numbers.

Jury instructions (Actual jury instructions shall be submitted, not simply CACI, BAJI, or CALCRIM numbers. Each instruction shall be fully completed as appropriate to the case being tried.)

Applies to

Temporary order request

Counsel has an additional duty to fully disclose the facts supporting requested relief.

Counsel has the additional duty to fully disclose those facts.

Applies to

Temporary order request

A request for temporary relief must allege specific facts sufficient to justify granting the requested order.

Specific facts must be alleged in the requests, facts sufficient to justify the granting of such orders.

Applies to

Declaration

Declarations supporting any type of relief must state facts rather than conclusions and show why the requested relief is justified.

Declarations for any type of relief must set forth facts, not conclusions, justifying the relief sought.

Applies to

Designation of record

An appellate record designation must state the date of every hearing for which a reporter’s transcript is requested.

All Designations of Record for matters on appeal shall specifically set forth the date of any and all hearings for which a reporter’s transcript is requested.

Applies to

Designation of record

An appellate record designation must identify the filing date and nature of each designated court paper.

All Designations of Record for matters on appeal shall specifically include the date each designated paper was filed with the Superior Court and the nature of the paper.

Applies to

Jury instructions

Counsel or a self-represented party must provide all proposed jury instructions.

All instructions are to be provided by counsel or self-represented party.

Applies to

Jury instructions

Each set of proposed jury instructions must have an attached index or fact sheet identifying each instruction’s topic and applicable standard-instruction number.

An index or fact sheet setting forth the topic of each instruction or BAJI, CACI, CALJIC and/or CALCRIM number shall be attached to each set of proposed instructions.

Applies to

Application for domestic substitute service

An application for domestic substitute service must be supported by an affidavit or declaration describing the absence or failure to locate a Secretary of State agent, corroborated by the Secretary of State, and facts showing authorized service is impossible.

(e) Substitute Service -- Domestic. An application for an order authorizing service pursuant to Corporations Code § 1702(a) shall be by affidavit or declaration averring that no designation of an agent for service of process is on file with the Secretary of State (or facts showing the failure to locate a designated agent) corroborated by letter from the Secretary of State and facts showing that service cannot be made upon any person authorized to receive service.

Applies to

Ex parte order application

Every ex parte order application must be accompanied by the action’s original file.

Every application for an ex parte order shall be accompanied by the original file of the action.

Applies to

Guardian ad litem application

Must include

caption

A guardian-ad-litem application must be captioned as the proposed or pending action, include the required written consents, and state the service date when the proposed guardian is a defendant.

2.4.5 How Presented. (a) Guardian Ad Litem. Every application for the appointment of a guardian ad litem shall be captioned as the proposed or pending action and be accompanied by the written consent of the person nominated and, if the ward is over fourteen years of age, of the one for whom the guardian is sought. If the latter is a defendant, the application shall state the date on which said defendant was served.

Applies to

Application for reduction of undertaking

An application to reduce the undertaking on an attachment must be verified and state specified facts, amounts, property use, business effects, and prior attachments.

(b) Application for Reduction of Undertaking. An application for a reduction in the amount stated by statute for an undertaking on an attachment shall: be verified; fully set forth facts in the personal knowledge of the affiant or the sources of information of facts averred on information and belief which tend to show that a reduction would not prejudice the rights of the defendant; set forth the facts purporting to justify the attachment; set forth the amount of the demand; set forth whether said property is in use and the nature thereof; state if the property is a going business, the effect, if any, of the attachment thereof and if the attachment is to be on a sum of money; and, set forth the date and result of all previous attachments, if any.

Applies to

Application for shortening or extending time

An application to shorten or extend time for service of a notice must state any prior extension, the expiration date, and facts showing good cause.

(c) Shortening or Extending Time. An application for an order shortening or extending time for the service of a notice shall state any previous extension, any expiration date, and the facts showing good cause for granting the application.

Applies to

Application for appointment of counsel for military personnel

An application for counsel for a defendant in military service must state the service branch, service mailing address, response deadline, whether a pleading was filed, and other pertinent facts.

(d) Appointment of Counsel for Military Personnel. An application for the appointment of an attorney for a defendant in military service shall state the branch of such service, his or her service mailing address, when the time to answer or demur expired, whether any pleading has been filed on his or his behalf, and any other pertinent facts.

Applies to

Application for foreign substitute service

An application for foreign substitute service must be supported by an affidavit or declaration showing the corporation does business in California, the search for an authorized recipient, and the absence or invalidity of a Secretary of State agent designation corroborated by the Secretary of State.

(f) Substitute Service -- Foreign. An application for an order authorizing service pursuant to Corporations Code § 2111 (a) shall be by affidavit or declaration averring facts showing the doing of business by the corporation in California, the search made to find a person in the state authorized to receive service, no designation of an agent is on file with the Secretary of State (or the designated agent is no longer authorized to receive service) corroborated by a letter from the Secretary of State.

Applies to

Application for deposited money

An application for money deposited under California Code of Civil Procedure § 708.770 must be verified, state the deposit and prior-payment information, disclose any exemption or motion to vacate, and be endorsed by the Clerk with the deposit amount.

payment of money which has been deposited with the Clerk of the Court pursuant to California Code of Civil Procedure § 708.770 shall be verified by the applicant, state the amount of money and date it was deposited with the Clerk, any amount previously received by the applicant and whether any claim of exemption or motion to vacate the judgment has been filed. The amount of money on deposit shall be endorsed on the application by the Clerk of the Court.

Applies to

Application for deposited property or money

An application for other deposited property or money must be verified and state specified deposit, claimant-interest, and entitlement facts, and the Clerk must endorse the deposit description or amount.

(h) Property Otherwise Deposited. An application to receive personal, property or money, other than that deposited under California Code of Civil Procedure § 708.770, shall be verified by the claimant and shall state when, why and by whom it was deposited; any term or condition of the deposit; the name and addresses of every person claiming any interest therein; and the reason the claimant is entitled to receive it. The amount of money or description of the property on deposit shall be endorsed on the application by the Clerk. The Court may require the applicant to proceed by motion on the notice to all interested persons.

Applies to

Writ of execution application

An installment-judgment writ application must be verified by the judgment creditor and include the specified judgment, payment, principal, interest, assignment, and service-or-notice details.

(i) Execution on Installment Order of Judgment. An application for the issuance of a writ of execution as to an order or judgment for the payment of money installments shall be verified by the judgment creditor, and shall set out the pertinent provisions of the order of judgment, the total amount which has been paid, the amount of principal due, and the particulars as to any interest claimed. The application shall set forth also the assignment and the date service or notice thereof to the judgment debtor.

Applies to

Ex parte application

An ex parte application ordinarily requires a declaration about notice complying with California Rules of Court 3.1203 and 3.1204.

2.4.6 Notice to Opposition. Ex parte applications and orders ordinarily will not be granted unless the applicant submits with the application a declaration regarding notice in compliance with rules 3.1203 and 3.1204 of the California Rules of Court.

Applies to

Declaration of unsuccessful service efforts

The plaintiff or plaintiff's agent must file a declaration documenting unsuccessful service efforts and explaining why the defendant cannot be served elsewhere by means likely to provide actual notice.

Plaintiff (or plaintiff’s agent) must file a declaration which shows what efforts have been made to serve the defendant at his residence or place of business, or by substituted service, that the efforts were not successful, and why the defendant cannot be served at any other location or other means likely to give defendant actual notice.

Applies to

Settlement notice

Plaintiff’s counsel or a pro se plaintiff must immediately file written notice of settlement or other disposition with the court.

As required by California Rule of Court 3.1385, plaintiff’s counsel or plaintiff appearing in propria persona must immediately file a written notice of the settlement or other disposition with the Court and otherwise comply with provisions of Rule 3.1385.

Applies to

Motion

Must include

memorandum of points and authorities

Every demurrer and motion must be accompanied by a memorandum of points and authorities, although the law and motion judge may waive that requirement.

3.1.4 Accompanying Memoranda. All demurrers and motions must be accompanied by a memorandum of points and authorities. A mere citing of code sections which authorize the filing of a demurrer or motion will not be sufficient unless this section is waived by the law and motion judge.

Applies to

Motion

Law and motion motions must be presented in writing unless law specifically provides otherwise, with open-court continuance motions excepted.

Unless otherwise specifically prescribed by law, all motions made in a law and motion department, except those for continuances made in open court, must be presented in writing.

Applies to

Motion

Moving papers for a Penal Code section 1538.5 motion must summarize the supporting facts and specify the exact evidence to be suppressed or admitted.

(a) Moving papers accompanying such motions shall include a brief statement in summary form of the facts upon which the moving party relies in support of the motion. Moving papers accompanying such motions shall include a complete specification of the exact matters and things the defendant wants to be suppressed or which the District Attorney wants to have admitted.

Applies to

Discovery objection

Discovery objections must identify and quote the immediately preceding request for admission or interrogatory.

Objections to requests for admissions or to interrogatories shall identify and quote the request for admission or the interrogatory immediately preceding the objection.

Applies to

Order or judgment form

Counsel or a self-represented party must prepare, serve, and submit forms for orders and judgments requiring the court's signature; absent an objection within 10 days, the court will sign the submitted form.

Counsel or self-represented party must prepare, serve, and present to the court forms for all orders and judgments which require the Court’s signature. If no objection is forthcoming within ten (10) days, the order or judgment will be signed as presented.

Applies to

Order decree or judgment

Must include

caption

Captions in orders, decrees, and judgments must identify every matter covered and affirmatively state the resulting relief.

Captions in orders, decrees, and judgments must refer to all matters covered by the order, decree or judgment, and shall affirmatively state the result or relief.

Applies to

Judicial notice request

A party requesting judicial notice of a matter outside the Madera County Superior Court must provide sufficient information for the court to take judicial notice.

Whenever a party requests the Court to take judicial notice of any matter other than a record of the Madera County Superior Court, the requesting party shall provide the Court with sufficient information to enable it to take judicial notice.

Applies to

Judicial notice request

Must include

case number

For a matter contained in a Madera County Superior Court file, the requesting party must file a separate document directly with the department at least five days before the hearing, identifying the case name and number and requesting delivery of the file.

If such matter is contained in a file of the Madera County Superior Court, the party shall, at least five (5) days prior to the hearing, by separate document filed directly in the department wherein the matter is noticed, request the Clerk of said department to order delivery of the file for the date of the hearing; and said document shall set forth the case name and number.

Applies to

Case management statement

At least 15 calendar days before the case management conference or review, each party must file and serve the mandatory Judicial Council Form CM-110, complete all applicable items, or file a joint statement with at least two parties.

3.5.2 Preparation for Case Management Conference. No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. The parties must use the mandatory Case Management Statement, Judicial Council Form CM-110. All applicable items on the form must be completed. In lieu of each party filing a separate case management statement, any two (2) or more parties may file a joint statement.

Applies to

Ex parte application

A plaintiff must file an ex parte application for uninsured motorist designation with the complaint or within 10 days after discovering the case is an uninsured motorist case.

With the filing of the complaint or within 10 days after discovery that the case is an “uninsured motorist” case, plaintiff shall file an ex parte application for designation as “uninsured motorist.”

Applies to

Opposition to motion to dismiss

A party opposing a motion to dismiss must file a written objection at least five days before the hearing, stating the grounds for opposition and, when relying on another court’s stay, attaching a copy of the stay document and a brief status statement.

A party desiring to oppose a motion to dismiss must file a written objection not less than 5 days before the date calendared for hearing the motion. Such an objection shall state concisely the grounds for opposition to any such motion, and if opposition is based on a stay of proceedings issued by another Court a copy of the document on which the party relies for asserting such a stay exists, and a brief statement outlining the status of the matter creating such a stay.

Applies to

Motion

Documents accompanying a motion under Penal Code section 995 must include a summary of the transcript facts, a statement identifying the defects in the People’s case, transcript testimony references with page and line numbers, and the authorities relied upon.

4.1.3 Moving Parties for Motions under Penal Code § 995. Documents accompanying such motions shall include the following: (a) A brief statement in summary form of the facts as set forth in the transcript; (b) A statement of the issues specifically identifying in what regard the People’s case is defective; (c) References to testimony in the transcript that the moving party intends to rely upon must be set forth specifying page and line number; (d) A statement of authorities upon which the moving party relies.

Applies to

Motion

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

(b) The moving papers designating a motion to suppress pursuant to Penal Code § 1538.5 shall specifically describe and list the evidence which is the subject of the motion to suppress, and shall specifically state the theory or theories which shall be relied upon and urged for the suppression of evidence, and cite the specific authority or authorities which will be offered in support of the theory or theories upon which suppression of the evidence is urged.

Applies to

Points and authorities

Points and authorities supporting and opposing a Penal Code section 1538.5 motion must be filed and served on the opposing party; omission may be treated as an admission that the motion lacks merit.

(4) Points and Authorities in support of and in opposition to the motion shall be filed and served on the opposing party. The absence of such a memorandum may be construed by the Court as an admission that the motion is not meritorious and cause for its denial.

Applies to

Notice of motion

A motion to vacate bond forfeiture must be accompanied by a notice of motion stating the hearing date and time.

(b) A notice of motion shall be filed setting forth the date and time of the hearing.

Applies to

Supporting declaration

A bond-forfeiture motion must include a supporting declaration stating the specific grounds and, unless the surety or agent surrendered the defendant, indicating the surety’s non-collusion.

A supporting declaration stating the specific grounds upon which the motion is based and, unless there is a statement that the surety, or his agent, has surrendered the defendant, also indicating non-collusion of the surety.

Applies to

Written motion and papers

Written motions and papers must include a detailed specification of the preliminary matters to be raised and the reasons for raising them.

A detailed specification of the preliminary matters to be brought before the trial court and the reasons therefor shall be included in the written motion and papers submitted to the Court.

Applies to

Written motion and papers

The written submission must include an estimate of the time required to hear the preliminary matters.

An estimate of the time required for the preliminary matters to be heard.

Applies to

Documents for rvp trial

The submitting party must bring at least two copies of all submitted documents to the remote video trial.

At least two (2) copies of all documents submitted must be brought to the RVP trial by the party submitting the documents.

Applies to

Declaration

A formal evidentiary hearing on a probation officer’s report and pronouncement may be set and heard only after the defendant or the defendant’s attorney files a declaration.

Formal evidentiary hearings on a probation officer’s report and pronouncement shall only be set and heard upon the filing of a declaration by the defendant and/or his or her attorney.

Applies to

Documents for rvp trial

One copy of the submitted documents must be provided to the opposing party before the trial begins.

One (1) of those documents must be provided to the opposing party prior to the beginning of the trial.

Applies to

Remote video arraignment and trial request

A defendant requesting same-day remote video arraignment and trial must complete and submit Judicial Council form TR-505.

To request arraignment and trial on the same day by RVP, the defendant must complete and submit Judicial Council form TR-505, Notice and Waiver of Rights and Request for Remote Video Arraignment and Trial.

Applies to

Remote video proceeding request

A defendant requesting remote video arraignment and trial on different days must complete and submit Judicial Council form TR-510.

To request arraignment and trial on different days by RVP, the defendant must complete and submit Judicial Council form TR-510, Notice and Waiver of Rights and Request for Remote Video Proceeding.

Applies to

TR-505 and TR-510

Forms TR-505 and TR-510 must be submitted in person or by mail to the Traffic Division for filing.

Judicial Council forms TR-505 and TR-510 must be submitted, either in person or by mail, to the Traffic Division for filing.

Applies to

Documents for rvp trial

Documents intended for consideration at the remote video trial must be submitted before the trial date so they are available to the judicial officer.

All documents the defendant, prosecution or law enforcement officer intends to request the court to consider on the date of the RVP trial must be submitted prior to the date set for trial, in order for the documents to be in the file and available to the judicial officer on the date of the trial.

Applies to

Documents for rvp trial

Must include

case number

All submitted documents must clearly and legibly identify the defendant's full name and the case or citation number.

All documents submitted must clearly and legibly indicate the full name of the defendant and the case number or citation number.

Applies to

Documents for rvp trial

All documents submitted for the remote video trial must include Madera County local form MAD-CSD-0007.

All documents must be submitted with Madera County local form MAD-CSD-0007, Notice of Exhibits Associated with Remote Video Trial.

Applies to

Documents for rvp trial

The original document must be submitted to the court for consideration at the remote video trial.

The original document must be submitted to the court.

Applies to

Documents for rvp trial

The submitting party must bring two (2) copies of each original document to the RVP trial and provide one (1) of

The submitting party must bring two (2) copies of each original document to the RVP trial and provide one (1) of

Applies to

Settlement conference

Cases with a trial estimate of five hours or more must be set for a mandatory settlement conference.

All cases involving a trial estimate of five hours or more shall be set for mandatory settlement conference.

Applies to

Default judgment

A proposed judgment and notice of judgment, prepared for signature and filing, must be submitted with the request for setting at the hearing.

Party/Counsel shall submit with the request for setting a proposed judgment and notice of judgment prepared for signature and filing at the time of the hearing.

Applies to

Judicial council form fl 322

After appointment, Minor’s Counsel must file Judicial Council form FL-322 or its equivalent annually while appointed in each case.

After the initial appointment, Minor’s Counsel appointed must file Judicial Council form FL-322 (or its equivalent) annually in each case during the time they are appointed to indicate they have completed the required updates.

Applies to

Fl324p declaration of supervised visitation provider

Professional visitation agencies must submit an FL324(P) to Family Court Services whenever a new provider or employee begins offering services through the agency.

Agencies which provide professional visitation supervision shall submit an FL324(P) to Family Court Services each time a new provider/employee begins offering services through their agency.

Applies to

Petition for special or temporary letters

A petition for special or temporary letters must include a showing of good cause explaining why a petition for permanent letters was not also filed.

When a petition for special or temporary letters has been filed, there must appear in the petition for special or temporary letters a showing of good cause why a petition for permanent letters has not also been filed.

Applies to

Petition for probate

A handwritten will or codicil must be accompanied by a typewritten copy when the petition for probate is filed.

A typewritten copy of the will or codicil shall accompany the petition for probate if the document is handwritten.

Applies to

Petition for probate

A foreign-language will or codicil must be accompanied by a translator-signed translation and an affidavit or declaration under penalty of perjury stating the translator's qualifications.

If the document is in a foreign language, it shall be accompanied by a translation, signed by the translator, together with an affidavit or declaration under penalty of perjury showing the qualifications of the translator.

Applies to

Proposed order

Must include

proposed order

In matters submitted without an appearance under Rule 7.1.8(a), the submitting party must deliver an original and one (1) copy of the dated proposed order and the case file to the Clerk at least two (2) court days before the hearing.

In matters submitted without an appearance by a party or the party’s attorney pursuant to Rule 7.1.8(a), an original and one (1) copy of a proposed order bearing the date of submission shall be delivered to the Clerk for presentation, together with the case file, to the Judge at least two (2) court days before the hearing.

Applies to

Estate accounting

Papers requesting fees or commissions based on fluctuating asset values must include a detailed statement of the original or appraised value of each item.

In all accountings wherein fees or commissions are requested by the accounting party or his attorney based upon the fluctuating values of items constituting capital assets of the estate or trust, rather than the original or appraised values, the papers shall contain the following: (a) A detailed statement, setting forth the original or appraised value of each item;

Applies to

Estate accounting

Papers requesting fees or commissions based on fluctuating asset values must state each item's valuation and valuation date.

(b) A statement, showing the value of each item used as a basis for the request for fees or commissions, together with the date of valuation of the item; and,

Applies to

Creditor claim motion

A personal representative generally must file a noticed motion for approval of a creditor’s claim and serve the notice of motion on the heirs, unless one of the stated exceptions applies.

A noticed motion for approval of a creditor’s claim filed by the personal representative, with service of the notice of motion on the heirs, is required unless: (a) The claim is for reimbursement of funeral and last illness expenses and proof of payment is attached to the claim; (b) The claim, together with all other claims of the personal representative except for reimbursement of funeral and last illness expenses, is less than $1,000; and, (c) All persons beneficially interested in the estate approve the claim in writing.

Applies to

Estate property sale or encumbrance petition

A petition to sell or encumber estate property must include an under-oath declaration that the property is not specifically devised or bequeathed real or personal property.

All petitions for the sale or encumbrance of estate property must be accompanied by a declaration under oath that the property sought to be sold is not specifically devised or bequeathed real or personal property.

Applies to

Petition for final distribution

A petition for final distribution must include a full and complete description of all assets on hand unless the information is set forth in the account and report.

A full and complete description of all assets on hand.

Applies to

Petition for final distribution

A petition for final distribution must include facts specifically showing each heir’s entitlement to the portion of the estate to be distributed, including information concerning predeceased children.

Facts specifically showing the entitlement of each heir to the portion of the estate to be distributed to that heir, including any information concerning predeceased children.

Applies to

Petition for final distribution

A petition for final distribution must include a computation of the attorney fees and representative commissions requested.

A computation of the attorney fees and representative commissions requested.

Applies to

Petition for final distribution

If assets will be distributed to a trustee, conservator, or guardian, the final-distribution petition must include an accounting.

An accounting if assets are to be distributed to a trustee, conservator or guardian.

Applies to

Petition for final distribution

When an in-kind distribution is proposed and all persons will not share equally in an asset, the petition must include a distribution agreement signed by each heir with each signature acknowledged.

An agreement to the distribution signed by each heir with each signature acknowledged if distribution of assets is to be made in kind and all persons will not share equally in each asset.

Applies to

Petition for final distribution

The final-distribution petition must include a claimant schedule with specified claim information and, for rejected claims, the rejection date, original notice of rejection, and affidavit of mailing to the creditor.

A schedule of names showing the name of the claimant, amount claimed, date presented, date allowed, and if paid, the date of payment. As to any claims rejected, the date of rejection must be set forth and the original of the notice of rejection with an affidavit of mailing to the creditor must be filed.

Applies to

Petition for final distribution

The full terms of any testamentary trust must be stated in the final-distribution petition and order rather than merely incorporated by reference.

The terms of any testamentary trust must be set out in full in the petition and order and not merely incorporated by reference.

Applies to

Petition for final distribution

The final-distribution petition must itemize costs for which counsel seeks reimbursement, and ordinary overhead costs such as duplication, telephone calls, and automobile mileage are not proper cost items.

An itemization of costs for which counsel is seeking reimbursement. Ordinary overhead items, including but not limited to costs of duplication of documents, telephone calls, and automobile mileage are not proper cost items.

Applies to

Petition for final distribution

A petition for final distribution must include a schedule showing the proration of taxes, fees, and costs.

A schedule showing the proration of taxes, fees, and costs.

Applies to

Petition for final distribution

A petition for final distribution must state what property is separate and what property is community property.

A statement of what property is separate and what is community.

Applies to

Petition for final distribution

If distribution will be made under an assignment of interest, the assignment must be filed and acknowledged, and the consideration must be described.

If distribution is to be made pursuant to an assignment of interest, the assignment shall be filed and acknowledged and the details of the consideration set forth.

Applies to

Petition for final distribution

If distribution will be made to a trust, the filing must include either the trustee’s acknowledged acceptance under the trust terms or a petition seeking designation of a substitute trustee.

If distribution is to be made to a trust, either an acknowledged statement by the trustee accepting the property under the terms of the trust or a petition by the executor or administrator for the designation of a substitute trustee.

Applies to

Petition for final distribution

If distribution will be made to a minor or an incompetent person, the filing must include facts showing compliance with Probate Code §§ 3300 et seq. or current certified copies of letters of conservatorship or guardianship.

If distribution is to be made to a minor or an incompetent, either facts showing compliance with Probate Code §§ 3300 et seq. or current certified copies of letters of conservatorship or guardianship shall be filed.

Applies to

Account

All probate accounts, including guardianship, conservatorship, and trust accounts, must contain a summary or recapitulation showing the initial inventory and appraisement amount or the amount chargeable from a prior account.

All accounts filed in probate proceedings, including guardianships, conservatorships and trust accounts, shall contain a summary or recapitulation showing: (a) Amount of inventory and appraisement, if first account, or amount chargeable from prior account.

Applies to

Petition to determine or confirm community property

Must include

certificate of service

Before the hearing on a petition to determine or confirm community property, the petitioner must file a declaration establishing compliance with Probate Code section 13655.

Prior to the hearing on a petition to determine and/or confirm community property, the petitioner shall file a declaration showing compliance with the notice requirements of Probate Code § 13655.

Applies to

Petition to establish fact of death

A petition to establish the fact of death must be verified and include the specified exhibits.

A petition to establish the fact of death (terminate a joint tenancy or life estate) shall be verified and shall have attached as exhibits:

Applies to

Adoption or abandonment proceeding

In adoption and abandonment proceedings where citations were issued but the served parties did not appear, a Servicemembers Relief Act affidavit is required, although the court will accept the specified certificate when the affidavit cannot be made.

An affidavit under the Servicemembers Relief Act is required in all adoption and abandonment proceedings where citations have been issued and the parties served have not appeared in the proceedings. If the petitioner or someone on his behalf is unable to make an affidavit that the parent served is not in the military service, the Court will accept the certificate alluded to in 50 USC App. section 521 et seq. of said Act.

Applies to

Attorney fee request

Must include

proposed order

An attorney seeking fees above the prescribed amounts must submit a proposed order and a written declaration with an itemized statement of services rendered.

(c) Additional Fees. An attorney seeking fees in excess of the fees stated above must submit a proposed order and written declaration with an itemized statement of services rendered to substantiate any claim for additional fees. (Amended 7/1/17)

Applies to

Paper document

A filing party must insert court-stamped pages into its document to create complete copies matching the court’s electronic copy.

It is the filing party’s responsibility to insert the stamped pages in their document to make complete copies of the document that match the document stored electronically with the Court.

Applies to

Jury instructions

Any proposed jury instruction outside the Court’s standard instructions must conform as closely as possible to the applicable BAJI, CACI, CALJIC, or CALCRIM form.

All other instructions offered shall conform as nearly as possible to the form instructions contained in BAJI, CACI, CALJIC and/or CALCRIM, as appropriate.

Applies to

Report

An update of the FL324(P) must accompany the referenced report, but the requirement continues beyond the provided text.

An update of this form shall be submitted with any report regarding

Applies to

Probate order

Probate orders must state their general effect clearly enough to be understood without consulting the underlying petition.

Probate orders shall be worded so that their general effect may be determined without reference to the petition on which they are based.

Applies to

Minute order

Normally, a minute order records the ruling and no separately signed order is required.

Normally, the minute order granting, denying, sustaining, overruling, or ordering the motion off calendar, will be all that is required, and no signed order is necessary.