Mariposa Superior Court Document Filing Requirements

CRITICAL

Applies to

Settlement conference statement

The Settlement Conference Statement must include a current, signed, and dated Schedule of Assets and Debts (form FL-142) and a proposed division of community assets and debts.

A current signed and dated Schedule of Assets and Debts (form FL-142), along with a proposed division of the community property assets and debts.

CRITICAL

Applies to

Declaration

A person notifying the Court of a dependent child’s interest must file a declaration stating the nature of the interest, the agency or forum and its address if known, and the nature of the contemplated or ongoing proceedings.

Notice to the Court shall be given by the filing of a declaration with service on all parties. The person giving notice shall set forth the nature of the interest or right which needs to be protected or pursued, the name and address, if known, of the administrative agency or judicial forum in which the right or interest may be affected and the nature of the proceedings being contemplated or conducted there.

CRITICAL

Applies to

Notice

The notice must state if a named devisee predeceased the decedent.

If a named devisee predeceased the decedent, that information must be provided in the notice.

CRITICAL

Applies to

Applicable petition

Notices must be prepared and submitted when the applicable petition is filed.

The Clerk of the Court does not handle the preparation, mailing or publication of notices. Notices must be prepared and submitted at the time of filing the applicable petition, and the moving party is responsible for all required mailings and newspaper publications.

CRITICAL

Applies to

Application for permission

A party seeking to bring an exhibit into the courtroom without substitution must submit a written application describing the materials and why substitution should not be made.

If any party believes the exhibit should be brought into the courtroom without substitution, an application for permission must be made in writing and shall describe the materials to be brought into the courtroom and the reason a substitution should not be made.

CRITICAL

Applies to

Jury instructions

Special jury instructions must be accompanied by points and authorities on paper separate from the proposed instruction.

Special instructions shall be accompanied by points and authorities on separate paper from the proposed instruction.

CRITICAL

Applies to

Income and expense declaration

Each party must file a current Income and Expense Declaration, form FL-150, when support is at issue at a hearing or trial.

Within 30 calendar days of a hearing or trial where support is at issue each party must file a current Income and Expense Declaration (form FL-150).

CRITICAL

Applies to

Family court order

An order permitting contact with children must specify the contact schedule and safe exchange arrangements and must not conflict with the specified Criminal Protective Order.

Any order of the Family Court that permits contact between a restrained person subject to CLETS restraining orders and his or her children shall contain specific language setting forth the schedule for such contact and the safe exchange of the children. Such an order shall not contain language that conflicts with a Criminal Protective Order that provides for no contact, or limits access to, the other parent.

CRITICAL

Applies to

Probate order

A probate order must be complete and understandable on its own without reference to the underlying petition.

All orders in probate matters must be complete. The order shall be drawn so that its substance may be determined without having to refer to the petition on which it is based.

CRITICAL

Applies to

Stipulation

A stipulation seeking modification of an existing order must be signed by both parties and their attorneys, if any.

In any matter in which a modification of an existing order is sought by stipulation, the stipulation must be signed by both parties and their respective attorneys, if any.

CRITICAL

Applies to

Income and expense declaration

Wage earners must attach legible paycheck stubs for the most recent two months, or other appropriate documentation if no stubs are available.

Wage earners must attach legible copies of their paycheck stubs for the most recent two months. In the event no paycheck stubs are available, other appropriate documentation must be attached.

CRITICAL

Applies to

Settlement agreement

If settlement terms postpone dismissal beyond 45 days, the settlement must specify the date for filing the dismissal request.

If the settlement contains such terms, then the settlement must specify the date by which the dismissal is to be filed.

CRITICAL

Applies to

Photographic record

When an exhibit is returned, the order must require a full photographic record, which the party that offered the exhibit must provide.

The order shall require that a full and complete photographic record of the exhibit or the portion returned by substituted for the exhibit. The party who offered the exhibit shall provide the photographic record.

CRITICALCivil cases

Applies to

Cmc statement form cm 110

Parties must completely fill out and file a CMC Statement using Form CM-110.

No later than 15 days before the CMC, parties are to COMPLETELY fill out and file a CMC Statement (Form CM-110) available on-line at www.courts.ca.gov .

CRITICAL

Applies to

Notice of settlement

When a case is settled or otherwise disposed of, the plaintiff must file written notice with the Court immediately.

If a case is settled or otherwise disposed of, the plaintiff must immediately file written notice of the settlement or other disposition with the Court.

CRITICAL

Applies to

Notice

If a devisee dies after the decedent, the notice must state the devisee’s date of death and be mailed to the appointed personal representative or another appropriate representative.

In cases where the devisee dies after the decedent, the date of death must be stated and notice must be mailed in care of his or her personal representative if one has been appointed, or alternatively, to another appropriate representative.

CRITICAL

Applies to

Initial pleading

When the case is filed, the clerk must append the two specified notices to the initial pleading, including the first conference’s date, time, and place.

At the time the case is filed, the clerk shall append to the initial pleading a document entitled “Notice of Inclusion in Civil Case Management Program” and “Notice of Case Management Conference” stating the date, time and place of the first Case Management Conference date.

CRITICAL

Applies to

Emergency order application

Emergency-order applications must conform to California Rules of Court, Rule 5.151, or the Court will not consider them.

Requests for emergency orders will not be considered by the Court unless they conform with the requirements of California Rules of Court, Rule 5.151.

CRITICAL

Applies to

Hearing request

A default or uncontested hearing cannot be set until the required filings are complete and default is entered, except that matters requiring court entry of default require the return of service before the hearing request.

No hearing shall be set in a default or uncontested matter until all requisite pleadings and documents have been filed and the clerk has entered the default, unless it is a matter requiring court entry of default, in which case the return of service must be filed before the request for hearing.

CRITICAL

Applies to

Faretta waiver

The Faretta Waiver form is designated mandatory.

Faretta Waiver CR-003 11/28/2017 Mandatory

CRITICAL

Applies to

Certificate

A renewal Certificate of Competence must include evidence of compliance with California Rules of Court, Rule 5.660(d).

The attorney shall attach to the renewal Certificate of Competence evidence that he or she has complied with the California Rules of Court, Rule 5.660(d).

CRITICAL

Applies to

Interpreter notice

For juvenile or criminal proceedings requiring an interpreter, the Court must receive written notice identifying the hearing date, the person needing the interpreter and their role, and the language and applicable dialect.

In juvenile or criminal proceedings, where an interpreter is required at a hearing or trial for a non-English speaking party or witness, the Court must be provided with written notice of the date of the hearing, the name of the person for whom the interpreter is requested, the person’s role in the proceeding, and the foreign language spoken, including the dialect where applicable.

CRITICAL

Applies to

Faretta waiver

The Faretta Waiver local form is mandatory.

CR-003 Faretta Waiver 12/28/2017 Mandatory

CRITICAL

Applies to

Settlement conference statement

For each contested legal issue, the Settlement Conference Statement must recite the relevant facts and briefly discuss the relevant law.

On any contested legal issue, a recitation of the relevant facts and a brief discussion of the relevant law.

CRITICAL

Applies to

Settlement conference statement

The Settlement Conference Statement must identify current child and/or spousal support orders and the dates of the most recent orders, and each party must provide specific modification proposals.

Current child and/or spousal support orders and the date(s) of the most recent orders. Each party shall set forth specific proposals regarding modifications to existing child and/or spousal support orders.

CRITICAL

Applies to

Jury instruction request

The written jury-instruction request must be captioned in the action, use the specified title, and attach edited copies of all requested instructions.

At the commencement of trial counsel shall serve upon all other parties participating in the trial and deliver to the trial judge a written request captioned in the action and entitled “Instructions Requested by (name of party),” to which shall be attached an edited copy of all instructions requested, with one instruction per page and a five-inch margin at the top of the page which may, however, include typical CACI headings, which will not be read to the jury.

CRITICAL

Applies to

Proposed order

Except in the case of confirmation of sales, contested matters and orders requiring information from a governmental agency, the moving party shall submit the proposed order at least three Court days prior to the hearing date.

Except in the case of confirmation of sales, contested matters and orders requiring information from a governmental agency, the moving party shall submit the proposed order at least three Court days prior to the hearing date.

CRITICAL

Applies to

Decision and notice of decision trial by declaration in absentia

Form TR-001, the Decision and Notice of Decision for a trial by declaration in absentia, is designated mandatory.

Decision and Notice of Decision (Trial by TR-001 6/22/2018 Mandatory Declaration in Absentia CVC§40903)

CRITICAL

Applies to

Statement

Counsel seeking permission to introduce oral testimony must explain in the required statement why the evidence cannot be presented by declaration or affidavit.

If counsel seeks permission to introduce oral testimony, the statement required by Rule 3.1306 must include an explanation as to why the evidence cannot be presented by declaration or affidavit.

CRITICAL

Applies to

Discovery motion

A discovery motion must state the relevance and materiality of the requested information and why informal discovery was inadequate.

A motion for discovery shall state the relevancy and materiality of the information sought and the reason why informal discovery was not adequate to secure that information.

CRITICAL

Applies to

Petition for probate of a will

A petition for probate of a will must list all persons and organizations named in the will or codicils.

In a petition for probate of a will, all persons and organizations named in the will or codicils shall be listed.

CRITICAL

Applies to

Jury instructions

Counsel must file a list of all requested CALCRIM instructions on the first day of trial before jury selection begins.

Counsel shall file, on the first day of the trial, and prior to commencement of jury selection, a list of all CALCRIM instructions requested.

CRITICAL

Applies to

Declaration

If the petitioner cannot determine the name or address of an heir or beneficiary entitled to notice, a declaration describing good-faith identification and location efforts is required.

A declaration specifying good faith efforts to identify and locate heirs or beneficiaries is required where the petitioner cannot determine the name or address of an heir or beneficiary to whom notice is required.

CRITICAL

Applies to

Copy request

A party requesting copies of filed documents must make the request on the Facisimile Transmission Cover.

If a party wants copies of any filed documents, the party must make its request on the Facisimile Transmission Cover.

CRITICAL

Applies to

Decision and notice of decision trial by declaration in absentia

The Decision and Notice of Decision form for a trial by declaration in absentia is designated mandatory.

TR-001 Decision and Notice of Decision 6/22/2018 Mandatory (Trial by Declaration in Absentia CVC§40903

CRITICAL

Applies to

Mandatory settlement conference statement

Counsel and self-represented litigants must submit a settlement conference statement containing the specified party, case, and settlement information.

All counsel or self-represented litigants shall, at least five (5) Court days prior to the scheduled settlement conference, file with the Clerk of the Superior Court and serve on each party, a mandatory settlement conference statement containing the following: 1. The names of all parties, including interveners and their representatives; 2. A detailed discussion of all facts and laws pertinent to the issues of liability and damages involved in the case; 3. A good faith settlement demand and itemization of economic and non-economic damages by each plaintiff; 4. A good faith offer of settlement by each defendant. (1/1/99, 1/1/19)

CRITICAL

Applies to

Application to modify criminal protective order

An application to modify a Criminal Protective Order must attach applicable CLETS civil restraining and custody or visitation orders and include the criminal and related Family, Juvenile, or Probate case numbers.

Copies of any applicable CLETS Civil Restraining Orders and Custody and Visitation Orders shall be attached to the Application to Modify Criminal Protective Order. The Application shall include the case numbers of both the Criminal Court case and any Family, Juvenile, or Probate cases involving the defendant and the Victim.

CRITICAL

Applies to

Additional jury instructions

The parties may submit additional typewritten or printed instructions which shall contain the authorities relied upon, shall be sequentially numbered and shall follow the standard CACI format.

The parties may submit additional typewritten or printed instructions which shall contain the authorities relied upon, shall be sequentially numbered and shall follow the standard CACI format.

CRITICAL

Applies to

Declaration

If there are no known heirs of the decedent or a predeceased spouse, a declaration must be filed stating the basis and efforts made to locate them.

If there are no known heirs of the decedent and no heirs of a predeceased spouse, a declaration to that effect shall be filed setting forth the basis for the declaration and the efforts made to locate all such heirs.

CRITICAL

Applies to

Settlement conference statement

The Settlement Conference Statement must include a current, signed, and dated Income and Expense Declaration (form FL-150).

A current signed and dated Income and Expense Declaration (form FL-150).

CRITICAL

Applies to

Interpreter cancellation notice

Counsel must immediately notify the Court in writing when counsel learns that interpreter services are no longer required.

Counsel must immediately notify the Court in writing upon learning that the services of the interpreter are not required.

CRITICAL

Applies to

Certificate

An attorney appearing in a dependency matter for the first time must complete and submit a Certificate of Competency within 10 days of the first appearance.

Any attorney appearing in a dependency matter for the first time shall complete and submit a Certificate of Competency to the Court within 10 days of his or her first appearance.

CRITICAL

Applies to

Settlement conference statement

Must include

caption

The Settlement Conference Statement caption must state the time and date of both the settlement conference and trial.

The caption shall contain the time and date of the Settlement Conference and the Trial.

CRITICAL

Applies to

Order after hearing

If the Court’s decisions require further drafting of the Order After Hearing, the Court must designate one counsel to prepare it.

If the Court makes decisions that require further drafting of the OAH, the Court shall designate one counsel to prepare the written OAH.

CRITICAL

Applies to

Declination to act

An executor who declines to act must file a written, signed declination unless there is evidence that the executor is incompetent or refuses to act.

If the person named in the decedent’s will as executor declines to act as such, his or her written and signed declination to act must be filed with the Court unless there is evidence that he or she is incompetent and/or refuses to act.

CRITICAL

Applies to

Settlement conference statement

A description of the most recent custody and visitation orders and any requested modifications of those orders.

A description of the most recent custody and visitation orders and any requested modifications of those orders.

CRITICAL

Applies to

Jury instructions

All blanks on form jury instructions must be completed so the proposed instruction is complete.

All blanks on form instructions shall be filled in so that the proposed instruction is complete.

CRITICALCivil cases

Applies to

Cmc statement

To give telephonic-appearance notice through a CMC Statement, include the wording “TELEPHONIC APPEARANCE REQUESTED.”

Parties may give notice of their intent to appear by telephone by indicating “TELEPHONIC APPEARANCE REQUESTED” on their CMC Statements filed at least 15 days before the CMC, or by separately filing with the Court, a Request for Telephonic Appearance, NOT LESS THAN THREE (3) COURT DAYS, prior to the Case Management Conference.

CRITICAL

Applies to

Case management statement

Each party must file and serve a completed Judicial Council form CM-110 no later than 15 calendar days before the scheduled Case Management Conference.

No later than fifteen (15) calendar days before the scheduled Case Management Conference, each party shall file with the Court and serve on all other parties a completed Case Management Statement (Judicial Council form CM-110).

CRITICAL

Applies to

Stipulation

The stipulation must be presented to the judge for consideration and signature.

The stipulation shall then be presented to the judge for the judge’s consideration and signature.

CRITICAL

Applies to

Fax filing

Fax filings must transmit Form MC-005 first, followed by any special handling instructions.

All fax filings shall be accompanied by the Facisimile Transmission Cover Sheet (form MC-005) as the first page transmitted, followed by any special handling instructions.

CRITICAL

Applies to

Devisee listing

A living-trust trustee who benefits under a will must be listed as a devisee and receive notice.

The trustee of a living trust who is a beneficiary of a will shall be listed as a devisee and noticed.

CRITICAL

Applies to

Income and expense declaration

Self-employed parties must attach the specified recent financial records or similar documentation evidencing income from all sources.

Self-employed parties shall attach their most recent profit and loss statements, balance sheets, quarterly sales tax reports, their last filed tax return, or similar documentation evidencing income from all sources.

WARNING

Applies to

Jury instructions

The parties should be prepared to provide to all jurors and alternates a copy of all written instructions, if so required by the trial judge.

The parties should be prepared to provide to all jurors and alternates a copy of all written instructions, if so required by the trial judge.

WARNING

Applies to

Order after hearing

This draft OAH should be submitted to opposing counsel for approval as to form and forwarded to the Court.

This draft OAH should be submitted to opposing counsel for approval as to form and forwarded to the Court.

WARNING

Applies to

Settlement conference statement

Where one party claims that an asset is his or her separate property and the other party has not stipulated to that fact, the Statement should include a description of the assets, the means and date of acquisition, the encumbrance at the time of acquisition and a statement as to how the title is held.

Where one party claims that an asset is his or her separate property and the other party has not stipulated to that fact, the Statement should include a description of the assets, the means and date of acquisition, the encumbrance at the time of acquisition and a statement as to how the title is held.

WARNING

Applies to

Order after hearing

Counsel should come to a hearing with a written Order After Hearing (OAH) prepared to present it to the Court at the conclusion of the hearing.

Counsel should come to a hearing with a written Order After Hearing (OAH) prepared to present it to the Court at the conclusion of the hearing.

WARNING

Applies to

Motion in limine

The following motions in limine are deemed granted. Written motions should not be submitted on these issues: a. Motion excluding evidence of collateral source; b. Motion excluding evidence of, or mention of, insurance coverage; and

The following motions in limine are deemed granted. Written motions should not be submitted on these issues: a. Motion excluding evidence of collateral source; b. Motion excluding evidence of, or mention of, insurance coverage; and

WARNING

Applies to

Notice of intent not to appear

A party may waive appearance and oral argument at a Law and Motion hearing by giving the Court and all counsel written notice of that intent.

A party may waive their right to appear at any Law and Motion hearing by providing the Court and all counsel with written notice of their intent not to appear and to waive oral argument.

WARNING

Applies to

Order after hearing

If opposing counsel does not respond to the request for approval as to form within five days, the proposed OAH may be submitted directly to the Court with an attached declaration indicating counsel’s attempts at notifying opposing counsel.

If opposing counsel does not respond to the request for approval as to form within five days, the proposed OAH may be submitted directly to the Court with an attached declaration indicating counsel’s attempts at notifying opposing counsel.

WARNING

Applies to

Application to modify criminal protective order

The Family Court judge or commissioner may recommend a modification by utilizing the Application to Modify Criminal Protective Order form. The judge or commissioner may direct an attorney or self-represented litigant to complete the application form and attach a copy of a Minute Order reflecting the Judge or Commissioner’s recommendation to the Criminal Court.

The Family Court judge or commissioner may recommend a modification by utilizing the Application to Modify Criminal Protective Order form. The judge or commissioner may direct an attorney or self-represented litigant to complete the application form and attach a copy of a Minute Order reflecting the Judge or Commissioner’s recommendation to the Criminal Court.

INFO

Applies to

Order terminating conservatorship

The Order Terminating Conservatorship form (PRO-004) is listed as optional.

Order Terminating Conservatorship PRO-004 07/02/2018 Optional

INFO

Applies to

Petition for termination of conservatorship

The Petition for Termination of Conservatorship form (PRO-003) is listed as optional.

Petition for Termination of Conservatorship PRO-003 07/02/2018 Optional

INFO

Applies to

Petition for visitation

The Petition for Visitation form (PRO-001) is listed as optional.

Petition for Visitation PRO-001 8/31/2017 Optional

INFO

Applies to

Visitation order

The Visitation Order form (PRO-002) is listed as optional.

Visitation Order PRO-002 8/31/2017 Optional

INFO

Applies to

Income tax returns

The Court may ask each party to provide legible copies of their last three state and federal income tax returns.

The Court may also ask each party to provide legible copies of their last three state and federal income tax returns.

INFO

Applies to

Public complaint form

The Public Complaint Form (MISC-001) is listed as optional.

Public Complaint Form MISC- 001 12/13/2010 Optional