Merced Superior Court Document Filing Requirements

Applies to

Civil case cover sheet

A plaintiff must file the Civil Case Cover Sheet with the first paper in a civil action or proceeding, subject to the stated statutory exceptions, and failure to do so may result in sanctions.

Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result in sanctions.

Applies to

Civil case cover sheet

The Civil Case Cover Sheet must be filed in addition to any local-court-required cover sheet.

File this cover sheet in addition to any cover sheet required by local court rule.

Applies to

Civil case cover sheet

Items 1 through 6 of the Civil Case Cover Sheet must be completed.

Items 1–6 below must be completed (see instructions on page 2).

Applies to

Civil case cover sheet

A Civil Case Cover Sheet must be completed and filed with the first paper in the case.

If you are filing a first paper (for example, as compared to a case case, you must complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1.

Applies to

Civil case cover sheet

Parties in complex cases must use the Civil Case Cover Sheet to designate whether the case is complex.

In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the case is complex.

Applies to

Request to set case for trial

In all cases, an unlawful detainer assistant must indicate whether they gave advice or assistance with this form for compensation.

(Complete in all cases.) An unlawful detainer assistant ☐ did not ☐ did for compensation give advice or assistance with this form.

Applies to

Request for entry of default

A declaration under Code of Civil Procedure section 585.5 is required for entry of default under section 585(a).

5. ☐ Declaration under Code of Civil Procedure Section 585.5 (required for entry of default under Code Civ. Proc., § 585(a)).

Applies to

Request for entry of default

The Request for Entry of Default must include a declaration of mailing under Code of Civil Procedure section 587.

6. Declaration of mailing (Code Civ. Proc., § 587). A copy of this Request for Entry of Default was

Applies to

Request for entry of default

A memorandum of costs is required when a money judgment is requested.

7. Memorandum of costs (required if money judgment requested). Costs and disbursements are as follows (Code Civ. Proc., § 1033.5):

Applies to

Request for entry of default

A declaration of nonmilitary status is required when requesting a judgment.

8. ☐ Declaration of nonmilitary status (required for a judgment). No defendant named in item 1c of the application is in the military service so as to be entitled to the benefits of the Servicemembers Civil Relief Act

Applies to

Request for entry of default

In an unlawful detainer case, the legal document assistant or unlawful detainer assistant information on the reverse must be completed.

3. ☐ (Check if filed in an unlawful detainer case) Legal document assistant or unlawful detainer assistant information is on the reverse (complete item 4).

Applies to

Declaration for default judgment by court

The original notice to quit, or a copy of it, must be attached to the declaration for default judgment unless it was already attached to the original complaint.

d. ☐ The original or copy of the notice specified in item 6a is attached to (specify): ☐ the original complaint. ☐ this declaration, labeled Exhibit 6d. (The original or a copy of the notice MUST be attached to this declaration if not attached to the original complaint.)

Applies to

Declaration for default judgment

The notice to quit, original or a copy, must be attached to the declaration if it was not attached to the original complaint.

21. ☐ Exhibit 6d: Original or copy of the notice to quit under item 6a (MUST be attached to this declaration if it is not attached to original complaint).

Applies to

Declaration for default judgment

The original or a copy of the proof of service of the notice must be attached to the declaration if it was not attached to the original complaint.

22. ☐ Exhibit 8b: Original or copy of proof of service of notice in item 6a (MUST be attached to this declaration if it is not attached to original complaint).

Applies to

Declaration for default judgment by court

Form UD-116 may be used only to request court judgments for money damages.

NOTE: ONLY USE THIS FORM FOR COURT JUDGMENTS FOR MONEY DAMAGES

Applies to

Declaration for default judgment by court

The plaintiff section must contain the filer's name, and the defendant section must contain the primary or main defendant's name.

Write only your name after Plaintiff, and write the name of the primary or main Defendant.

Applies to

Declaration for default judgment by court

Must include

case number

The case number must be entered on the form.

Write the case number

Applies to

Declaration for default judgment by court

Box 6 and the applicable notice-type box must be marked.

Mark box 6 and mark the box that describes the type of notice that was served on the defendant(s).

Applies to

Declaration for default judgment by court

The form must list all defendants, identify how each was served, and state the date each defendant was served.

For number 7, write the names of all defendants. For boxes (1-3) mark the box describing each defendant was served. Make sure to write the date that each defendant was served.

Applies to

Declaration for default judgment by court

Box 8 must identify the form attached as proof of service of the notice.

For box 8, mark the appropriate box describing to which form you attached the Proof of Service of the notice.

Applies to

Declaration for default judgment by court

The date on which the notice expired must be entered in box 9.

For box 9, write the date the Notice expired.

Applies to

Declaration for default judgment by court

If money was requested in the complaint, the form must state how the amount owed was calculated, and that amount cannot exceed the amount requested in the complaint.

For box 10, if you requested money on your complaint, complete this section by marking the box that indicates how you calculated the money owed. Note: the amount shown here must not exceed the amount requested on the complaint.

Applies to

Declaration for default judgment by court

The form must identify whether the defendant vacated and provide the departure date, or state that the defendant remains and provide today's date.

Mark box a if the defendant has vacated the property and the date defendant left the property. If the defendant continues to reside at the property, mark box b and write today's date.

Applies to

Declaration for default judgment by court

A request for money damages requires box 12 and the answers at the end of sections a through d.

If you are requesting money damages, check box 12 and write the answers at the end of a through d.

Applies to

Declaration for default judgment by court

A person represented by an attorney should not use this form packet or mark the referenced box.

Do not mark this box because if you have an attorney, you should not be using this packet.

Applies to

Declaration for default judgment by court

A request for court costs must state the amount, including the filing fee paid for the action, after the dollar sign.

If you are requesting court costs, including the filing fee you paid for this action, write that amount after the dollar sign.

Applies to

Declaration for default judgment by court

Must include

case number

The case number must be entered on the form.

Write the case number.

Applies to

Declaration for default judgment by court

A filer other than the landlord who requests a money judgment on the landlord's behalf must mark box 15, mark box a, and complete the applicable boxes and dollar amounts.

If you are not the landlord and you are filing this on behalf of the landlord and you are requesting a money judgment mark box 15. If you are requesting a money judgment, mark box a, and complete the appropriate boxes and dollar amounts.

Applies to

Declaration for default judgment by court

Box b may be checked only when no prior clerk's possession judgment exists, and box c must be marked to request cancellation of the rental agreement or forfeiture of the lease.

For box b, check this box only if a clerk's judgment for possession was not entered previously in this case. Mark box c if you would like the court to cancel the rental agreement or if you want the court to order forfeiture of the lease.

Applies to

Declaration for default judgment by court

The form must be dated, the filer's name must be printed on the left, and the filer must sign on the right.

Write the date and print your name on the left. Sign your name on the right.

Applies to

Declaration for default judgment by court

When documents are attached, the form must identify both the attachment and the exhibit represented by it.

If you have attached documents to this form, you must mark the appropriate boxes informing the court that you have done so and what each attachment (exhibit) is.

Applies to

Writ of execution

Must include

case number

The case number must be entered on the first page of the writ of execution.

Write the case number here.

Applies to

Writ of execution

Must include

case number

The case number must be entered in the designated location on the second page of the writ of execution.

Fill in the case number where circled above.

Applies to

Minute order

When the Clerk grants an extension, a Minute Order requiring the defendant's signature must be prepared, with the Clerk's name and the words "Per Standing Order 2007-0008" entered in the space provided for the Judge's signature.

Whenever the Clerk grants an extension as indicated above, a Minute Order shall be prepared requiring the defendant's signature. In the space provided for the Judges' signature, the clerk shall write the words "Per Standing Order 2007-0008," followed by the Clerk's name.

Applies to

Media request

Media requesting to photograph, record, or broadcast an event must submit the Media Request and the Order on Media Request to Permit Coverage (MC-500) and (MC-510).

There are two forms that need to be submitted when the Media is requesting to photograph, record, or broadcast an event. There is the Media Request and the Order on Media Request to Permit Coverage (MC-500) and (MC-510).

Applies to

Media request

The requesting media agency must complete and email the MC-500 and MC-510 forms to the Executive Assistants at the listed email address.

The requesting agency will need to complete the (MC-500) and the (MC-510) and e-mail those forms to all.executive-assistants@mercedcourt.org.

Applies to

Proposed order

A proposed order submitted with a media request must state that personnel and equipment will be placed in the back of the courtroom.

All proposed orders (MC-510) submitted with a media request (MC-500) must include the following language: 1. Personnel and equipment shall be placed in the back of the courtroom.

Applies to

Proposed order

A proposed order submitted with a media request must limit coverage of counsel and defendant and prohibit coverage of judicial officers, court staff, and jurors.

All proposed orders (MC-510) submitted with a media request (MC-500) must include the following language: 2. Only still photography and video coverage of counsel and defendant is permitted. Photographing and/or video coverage of judicial officers, court staff, and jurors is not permitted.

Applies to

Request for destruction disposition or return of property

Must include

proposed order

Each property-disposition request must include an application, supporting evidence, and a proposed order.

Each request must consist of an application, supporting evidence (usually in the form of a sworn declaration), and a proposed order.

Applies to

Proposed order

Must include

caption

The proposed order must include a proper caption and a signature line for the Criminal Presiding Judge.

The proposed order must have a proper caption and a line where the Criminal Presiding Judge can sign.

Applies to

Declaration of eligibility

Attorneys seeking appointment in conflict cases or retained in juvenile proceedings must submit a declaration of eligibility to the Administration Department.

Attorneys who wish to be considered for appointment in cases of conflict, or who have been retained to represent any party in a juvenile proceeding, must submit a declaration of eligibility to the court’s Administration Department.

Applies to

Case management conference statement

In every civil case, a party must file before the Case Management Conference date a statement indicating whether it requests an official court reporter.

A party in any type of civil case must file a statement prior to the Case Management Conference date indicating whether the party requests the presence of an official court reporter.

Applies to

Income and Expense Declaration

A current Judicial Council Form FL-150 must be completed and filed with the moving and responding papers when monetary relief is requested.

In accordance with CRC 5.92, no case in which monetary relief of any kind is requested, including any request for child support, spousal support or attorney’s fees and costs, shall be heard unless a current Income and Expense Declaration (Judicial Council Form FL-150) has been completed and filed by the moving and responding parties along with their moving and responding papers.

Applies to

Memorandum of points and authorities

A timely Memorandum of Points and Authorities that complies with California Rule of Court 3.1113 is required to avoid waiver and, for a moving party, a possible merits admission.

Failure to file a Memorandum of Points and Authorities by the filing deadline or to comply with rule 3.1113, California Rules of Court, is a waiver of the memorandum; and in the case of the moving party, the failure to timely file may be considered an admission that the motion is without merit.

Applies to

Toxic hazardous materials statement

Before bringing toxic, hazardous, or potentially hazardous materials into the courtroom, counsel must provide the court with a written statement containing specified information.

Prior to bringing any toxic, hazardous or potentially hazardous materials into the courtroom, counsel shall provide to the Court a written statement containing information as hereinafter set forth:

Applies to

Request for oral testimony

A request for permission to present oral testimony must include the rule 3.1306 statement and explain 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.

Applies to

Post hearing written order

Unless the court orders otherwise or prepares the order itself, the prevailing parties must prepare a written order after any Law and Motion hearing.

Unless the Court orders otherwise or prepares the order after hearing on its own, the prevailing parties shall prepare a written order following any hearing on the Law and Motion calendar.

Applies to

Civil harassment restraining order application

A civil-harassment restraining-order filing must include the six specified forms, with attachments to the CH-100 request.

(1) Civil Harassment 39 | P a g e ===== PAGE 40 ===== Merced Superior Court (i) CM-010 Civil Case Cover Sheet; (ii) CLETS-001 Confidential CLETS Information; (iii) CH-100 Request for Civil Harassment Restraining Orders, plus any attachments; (iv) CH-109 Notice of Court Hearing; (v) CH-110 Temporary Restraining Order; (vi) CH-130 Civil Harassment Restraining Order After Hearing

Applies to

Elder or dependent adult abuse restraining order application

An elder-or-dependent-adult-abuse restraining-order filing must include the six specified forms, with attachments to the EA-100 request.

(2) Elder or Dependent Adult Abuse (i) CM-010 Civil Case Cover Sheet; (ii) CLETS-001 Confidential CLETS Information (iii) EA-100 Request for Elder or Dependent Adult Abuse Restraining Orders, plus any attachments; (iv) EA-109 Notice of Court Hearing; (v) EA-110 Temporary Restraining Order; (vi) EA-130 Elder or Dependent Adult Abuse Restraining Order After Hearing

Applies to

Gun violence restraining order application

A gun-violence restraining-order filing must include the six specified forms, with attachments to the GV-100 petition.

(3) Gun Violence (i) CM-010 Civil Case Cover Sheet; (ii) CLETS-001 Confidential CLETS Information (iii) GV-100 Petition for Gun Violence Restraining Orders, plus any attachments; (iv) GV-109 Notice of Court Hearing; (v) GV-110 Temporary Gun Violence Restraining Order; (vi) GV-130 Gun Violence Restraining Order After Hearing or Consent to Gun Violence Restraining Order

Applies to

Workplace violence restraining order application

A workplace-violence restraining-order filing must include the six specified forms, with attachments to the WV-100 petition.

(4) Workplace Violence (i) CM-010 Civil Case Cover Sheet; (ii) CLETS-001 Confidential CLETS Information (iii) WV-100 Petition for Workplace Violence Restraining Orders, plus any attachments; (iv) WV-109 Notice of Court Hearing; (v) WV-110 Temporary Restraining Order; (vi) WV-130 Workplace Violence Restraining Order After Hearing

Applies to

Private postsecondary school violence restraining order application

The listed forms for School Violence are CM-010, CLETS-001, SV-100 and attachments, SV-109, and SV-110.

(5) School Violence (i) CM-010 Civil Case Cover Sheet; (ii) CLETS-001 Confidential CLETS Information (iii) SV-100 Petition for Private Postsecondary School Violence Restraining Orders, plus any attachments; (iv) SV-109 Notice of Court Hearing; (v) SV-110 Temporary Restraining Order;

Applies to

Case management statement

Every party or counsel of record must file and serve the mandatory CM-110 Case Management Statement.

All parties or their counsel of record must file and serve a Case Management Statement using the mandatory Case Management Statement Form (CM-110).

Applies to

Declaration supporting pretrial conference

Must include

caption, judge name, case number

A pre-trial conference may be set only if a party files a declaration at the Case Management Conference showing justification and the court-assigned judicial officer finds the conference warranted and orders it.

Pre-trial conferences will not be set unless a party, at the Case Management Conference, files a declaration setting forth facts indicating that a pre-trial conference is justified, and the court-assigned Judicial Officer so finds and orders.

Applies to

Pretrial conference written statement

Must include

caption, judge name, case number

Before the pre-trial conference, the parties must confer and jointly prepare or each prepare and submit a written statement identifying the matters agreed upon.

The parties shall confer before the date assigned for a pretrial conference to reach agreement upon as many matters as possible and shall prepare jointly, or each shall prepare, and submit before the conference, a written statement of the matters agreed upon.

Applies to

Case management conference statement

Must include

caption, judge name, case number

Each party must file an individual or joint case management conference statement no later than 15 calendar days before the scheduled conference.

Pursuant to California Rule of Court, rule 3.725(a), each party must file a case management conference statement (or joint statements) no later than 15 calendar days before the date set for the case management conference.

Applies to

Mandatory settlement conference statement

All parties or counsel must file and serve a mandatory settlement conference statement on Local Form MSC-CV-051 at least five court days before the scheduled hearing, including the specified party, liability, damages, demand, and offer information.

It is mandatory that all parties or counsel shall, at least five (5) court days prior to the scheduled hearing, file with the Clerk of the Superior Court and serve on each party, a mandatory settlement conference statement on Local Form MSC-CV-051 containing the following: 1. The names of all parties, including interveners and their representatives; 2. A detailed discussion of all facts and law pertinent to the issues of liability and damages involved in the case; 3. A good faith settlement demand and an itemization of economic and non- economic damages by each plaintiff; 4. A good faith offer of settlement by each defendant.

Applies to

Habeas corpus petition

A habeas corpus petition must be accompanied by a complete copy, including all exhibits, attachments, and other materials submitted with the original.

The Clerk shall not file any petition for writ of habeas corpus that is not accompanied by a complete copy including any exhibits, attachments or other materials sent with the original.

Applies to

Notice of motion

A Penal Code Section 1538.5 motion notice must identify and describe the evidence, state the suppression theories, and cite supporting authorities.

The notice of motion designating a motion pursuant to Penal Code Section 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

Motion

Each motion must include a notice of motion, the motion, a supporting declaration or affidavit, and a memorandum of points and authorities.

Motions shall contain a notice of motion, the motion itself, a declaration or affidavit in support thereof and a memorandum of points and authorities.

Applies to

Memorandum of points and authorities

Any memorandum exceeding 15 pages must include a table of contents, a table of authorities, and an opening summary of argument.

A memorandum that exceeds 15 pages must include a table of contents, a table of authorities and opening summary of argument.

Applies to

Ancillary funding request

Counsel must obtain written pre-approval before requesting court funding for specified ancillary services.

Counsel requesting court funding for an expert, investigator, paralegal, law clerk, interpreter, transcription or any other ancillary services must get written pre-approval.

Applies to

Ancillary funding preapproval application

An ancillary-funding pre-application must be a declaration identifying the service, professionals' curricula vitae, prior approvals, rates, amount sought, case history, defense need, and likelihood of producing admissible evidence.

Counsel must apply for pre-approval by submitting a declaration that includes: (Eff. 1/1/26) 1. The specific ancillary service sought; 2. A curriculum vitae for any expert, investigator, law clerk, paralegal or any other professional whose services are sought; 3. A statement specifying any and all prior approvals for ancillary funding, including the ancillary services already provided and funded; 4. The hourly rate at which services will be provided; 5. The total amount of funds sought; 6. The factual and procedural history of the case: 7. A statement explain why the funds are reasonably necessary for the defense; 8. A statement explaining that the resources obtained with the ancillary funding will lead to evidence likely to be admissible.

Applies to

Probate forms

Judicial Council-approved probate forms are mandatory, and failure to use them may result in the Clerk refusing to file the document.

All probate forms printed and approved by the Judicial Council are mandatory in Merced County. Failure to use such forms may result in the Clerk’s refusal to file a submitted document.

Applies to

Proposed order

Must include

proposed order

Except for confirmation of sales, contested matters, and orders requiring governmental-agency information, the moving party must submit the proposed order at least three court days before the hearing.

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 (3) Court days prior to the hearing date.

Applies to

Petition for approval of minors compromise

A minor’s compromise petition must be verified and fully disclose information bearing on the compromise’s reasonableness, including the thirteen listed categories of facts, medical information, financial information, and settlement terms.

A petition for Court approval of a compromise or covenant not to sue under the Probate Code or CCP 372 must be verified by Petitioner and contain a full disclosure of all relevant information bearing upon the reasonableness of the compromise, including:

Applies to

Petition for approval of minors compromise

Confidential records in a minor’s compromise petition, including medical and financial records, must be filed confidentially as directed by Rule 100.

Confidential records in a petition for approval of Minor’s Compromise including but not limited to medical and financial records must be filed as a confidential document as directed in Rule 100.

Applies to

Petition for approval of minors compromise

If an attorney represented or assisted a minor’s compromise petitioner, the petition must disclose the attorney’s identifying information, involvement, compensation and payer, expected fees if applicable, and agreement terms.

If the petitioner has been represented or assisted by an attorney the petition must disclose the name, state bar number, law firm and business address of the attorney. It must also disclose whether the attorney became involved at the instance of any party against whom the claim is asserted, or an insurance carrier employed by any other party. If any fees or other compensation has been paid the petition must disclose who paid those fees or other compensation; if no fees have been paid, then whether the attorney expects any fees and if so the amount and who will pay them. The terms of the agreement between the petitioner and the attorney must also be set forth in the petition.

Applies to

Declaration of eligibility

Retained counsel must file a declaration in every case in which the counsel is retained.

A declaration shall be filed in each case in which counsel has been retained.

Applies to

Form JV-700

Judicial Council form JV-700 must be filed in Juvenile Justice matters.

In Juvenile Justice matters, Judicial Council form JV-700 is to be filed.

Applies to

Form MSC-JV-010

Counsel must file local form MSC-JV-010 in Juvenile Dependency matters.

In Juvenile Dependency matters, counsel must file local form MSC-JV-010, available on the court’s website at www.merced.courts.ca.gov.

Applies to

Ex parte hearing request

An ex parte hearing will not be set unless either local form MSC-FL-023 or Judicial Council Form FL-303 has been filed with the Clerk’s Office.

No ex parte hearing will be set unless local form MSC-FL-023 Declaration in Support of Ex Parte Application for Orders, available at the Family Law Clerk’s Office or at www.merced.courts.ca.gov, or Judicial Council Form FL-303 has been filed with the Clerk’s Office.

Applies to

Ex parte application

An ex parte application must be accompanied by a specific declaration adequate to support issuance of the requested order.

An ex parte order will be issued only if the application is accompanied by a specific declaration adequate to support its issuance. Conclusions, feelings, wishes, or fears will not be adequate to support an ex parte order.

Applies to

Sole custody confirmation application

A sole-custody confirmation application must specify the duration and circumstances justifying continued sole custody.

An application for an order seeking confirmation of sole custody for a party shall specify the duration and other circumstances justifying continued sole custody.

Applies to

Ex parte application

An ex parte application must disclose when the requested order would change the status quo.

There is an absolute duty to disclose the fact that a requested ex parte order will result in a change of status quo.

Applies to

Ex parte custody change application

An ex parte application to immediately change a minor's custody must include a declaration alleging the child's health and welfare requires the change and describing the child's placement pending the hearing.

An application for ex parte order to immediately change the custody of any minor child(ren) must be supported by a declaration showing by clear, specific allegations that the health and welfare of the child(ren) requires immediate change of custody. The declaration shall also set forth, in brief, the circumstances in which the child would be placed pending the hearing.

Applies to

Ex parte custody change declaration

The custody declaration must state who has actual physical custody, how it was obtained, and for how long.

The declaration shall also contain a statement of which party currently has actual physical custody of the child(ren) in question, how such physical custody was obtained and for how long the party has had such physical custody.

Applies to

Income and Expense Declaration

An Income and Expense Declaration is current only if executed within three months before the matter is heard.

For purposes of this provision “current” means executed within three months of the date the matter is to be heard CRC 5.260.

Applies to

Income and Expense Declaration

Supporting documentation verifying claimed income must be attached to every Income and Expense Declaration.

Every Income and Expense Declaration shall have attached to it supporting documentation to verify income claimed.

Applies to

Income and Expense Declaration

A party claiming wage income must attach the last three pay stubs showing current and year-to-date total income.

If a party claims wage income, they shall attach their last three pay stubs showing both current and year to date total income paid to the individual.

Applies to

Income and Expense Declaration

A party claiming non-wage income must attach schedules establishing that income for the year before the declaration was prepared.

If a party claims income from sources other than wages, they shall attach schedules establishing the other income earned in the year preceding the preparation of the declaration (i.e. business income and expense, commission income, bonus income, rental income and expense, interest income, etc.).

Applies to

Income and Expense Declaration

Self-employed individuals must attach either a two-year Profit & Loss Statement or Schedule C from their last federal tax return.

Self-employed individuals must attach a Profit & Loss Statement for the preceding two (2) years or a Schedule C from their last Federal tax return.

Applies to

Income and Expense Declaration

An unemployed party must attach a factual declaration describing prior employment, income, termination, and subsequent job-search efforts.

If a party is unemployed they shall attach a factual declaration stating when they were last employed, where they were last employed, gross and net income derived there from, reasons for termination and efforts to seek employment since their last job.

Applies to

Income and Expense Declaration

A party receiving entitlement income must identify it in the declaration and attach the most recent statement showing the amount and expected duration.

If a party is receiving Social Security income, Disability income, Unemployment compensation, Workman’s compensation, or other funds from any other entitlement program they shall so indicate in the declaration and attach to the Income and Expense Declaration a copy of their most recent statement indicating the amount and expected duration of the entitlement income.

Applies to

Application for transcript of juvenile hearing and order

The Application for Transcript of Juvenile Hearing and Order, local form MSC-JV-001, is mandatory.

Juvenile MSC-JV-001 Application for Transcript of Juvenile Hearing and Order 1/1/2022 Mandatory

Applies to

Appointment of temporary judge waiver of disqualification and or finding of extraordinary circumstance

The Appointment of Temporary Judge, Waiver of Disqualification, and/or Finding of Extraordinary Circumstance form, MSC-PT-002, is mandatory.

Court MSC-PT-002 Appointment of Temporary Judge, Waiver of 12/14/2021 Mandatory Disqualification, and/or Finding of Extraordinary Circumstance

Applies to

Approval for confidential records

The Approval for Confidential Records form, MSC-FL-030, is mandatory.

Family MSC-FL-030 Approval for Confidential Records 7/1/2019 Mandatory Law

Applies to

Court investigations guardianship questionnaire

The Court Investigations Guardianship Questionnaire, local form MSC-PR-001, is mandatory.

Probate MSC-PR-001 7/1/2018 Mandatory

Applies to

Declaration for access to juvenile case file

The Declaration for Access to Juvenile Case File in Possession of Juvenile Court, local form MSC-JV-002, is mandatory.

Juvenile MSC-JV-002 Declaration for Access to Juvenile Case File in Possession 10/2/2018 Mandatory

Applies to

Declaration of eligibility for representation in dependency court

The Declaration of Eligibility for Representation in Dependency Court, local form MSC-JV-010, is mandatory.

Juvenile MSC-JV-008 12/1/2021 Optional Declaration of Eligibility for Representation in Juvenile MSC-JV-010 Dependency Court 1/1/2023 Mandatory

Applies to

Audio video equipment request

The IT Courtroom Audio Video Equipment Request form, MSC-AD-011, is mandatory.

Court MSC-AD-011 IT Courtroom Audio Video Equipment Request 7/1/2018 Mandatory

Applies to

Letter to district attorney

The Letter to District Attorney, local form MSC-TF-020, is mandatory for traffic matters.

Traffic MSC-TF-020 Letter to District Attorney 11/5/2021 Mandatory

Applies to

Marital settlement agreement addendum to judgment

The Marital Settlement Agreement - Addendum to Judgment, local form MSC-FL-034, is mandatory.

Family Law MSC-FL-033 2/25/2020 Mandatory Addendum to Judgment Family Law MSC-FL-034 Marital Settlement Agreement - Addendum to 2/25/2020 Mandatory

Applies to

Civil case cover sheet

You must check every item on the sheet.

You must check all the items on the sheet.

Applies to

Complaint

Must include

page count

If attachments are included with the complaint, the filer must state the number of attached pages in box 18.

Check box 18, if you include attachments with the complaint. Fill in number of pages attached.

Applies to

Psychiatric appointment form

If an interpreter is needed, a copy of the letter must be submitted to the Court Interpreter Coordinator.

Interpreter Needed: ☐ Yes ☐ No Language: (If "yes", submit copy of letter to Court Interpreter Coordinator)

Applies to

Case specific property return request

Must include

caption, case number

A property-return request tied to a specific Superior Court case must be filed in that case using the case number and caption.

Note: If an agency is making a request for return of property related to a specific Superior Court case, the request is to be filed in that case, using the case number and caption.

Applies to

Property disposition request documents

Must include

caption

The application, declaration, and proposed order should use the specified in re caption, unless the request concerns a specific case, in which case the proper case caption should be used.

The application, declaration, and proposed order should be captioned, “In re the [destruction, return, etc.] of [basic description of the evidence (i.e., controlled substances, property seized pursuant to warrant, etc.)] in the possession of [agency name],” UNLESS the request is specific to a case, then use the proper caption for that case, “People v. [defendant].”

Applies to

Request for copies of electronic recordings

A party requesting a copy of an electronic recording must complete and submit Form MCS-AD-010 to the applicable Clerk’s Office.

A party may request a copy of an electronic recording. Form MCS-AD-010 Request for Copies of Electronic Recordings must be completed and submitted to the applicable Clerk’s Office.

Applies to

Notice of intent not to appear and waiver of oral argument

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.

Any 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.

Applies to

Electronically filed document

An electronically filed document that does not require a perjury signature is deemed signed, while electronically filed documents requiring perjury or opposing-party signatures are governed by California Rules of Court 2.257.

If a document does not require a signature under penalty of perjury, the document is deemed signed by the party if the document is filed electronically. For a document to be filed electronically that provides for a signature under penalty of perjury or a document requiring signatures of opposing parties, see California Rules of Court, rule 2.257.

Applies to

Notice of intent to appear

Tentative rulings are optional in civil law-and-motion matters, but when issued they must follow Rule 3.1308(a)(1) and require notice of intent to appear.

Tentative rulings in civil law and motion matters are posted pursuant to California Rules of Court, rule 3.1308 and require notice of intent to appear. Tentative rulings are not required, but any Judicial Officer who does issue tentative rulings will use the procedure set forth in rule 3.1308(a)(1).

Applies to

Post hearing written order

If the prevailing party fails to prepare an order after hearing within ten (10) days of the hearing and explain the delay to the other party, the other party may prepare and process the order.

If the prevailing party does not prepare an order after hearing within ten (10) days of the hearing and does not communicate the reason for the delay to the other party, then the other party may prepare the order and process it.

Applies to

Jury instructions

Counsel must file a list of requested CALCRIM instructions on the first day of trial.

Counsel shall file, on the first day of trial, a list of CALCRIM (latest edition) instructions requested.

Applies to

Jury instructions

Any proposed additional jury instructions must be submitted in writing with authorities at the top, and modified pattern instructions must clearly identify proposed changes.

If any proposed additional instructions are requested, they shall be submitted in writing with authorities placed at the top of the writing. Proposed pattern jury instructions which have been modified by a party, shall clearly indicate any proposed change.

Applies to

Income and Expense Declaration

Every item on the Income and Expense Declaration must be completed, using a notation when the answer is unknown, estimated, not applicable, or none.

All blanks on the Income and Expense Declaration must be answered. Notations such as “unknown”, “estimate”, “not applicable” or “none” should be used to avoid leaving any item blank.

Applies to

Trial documentary evidence

A party may not introduce documentary evidence first at the hearing to surprise the opposing party, except when the evidence is offered to impeach a party or witness.

A party may not wait until the time of the hearing to "surprise" the opposing party with proffered documentary evidence, except to impeach the veracity of a party or witness.

Applies to

Settlement conference statement

The settlement conference statement must include the parties’ statistical information.

1. The statistical information of the parties.

Applies to

Settlement conference statement

The settlement conference statement must include the dates on which the parties complied with the mandatory meet-and-confer requirement.

2. The dates of compliance with paragraph D above.

Applies to

Settlement conference statement

The settlement conference statement must include details of any agreements or conditional agreements.

3. Details of any agreements or conditional agreements.

Applies to

Settlement conference statement

The settlement conference statement must describe each disputed issue and each party’s position, including the parties’ Family Code § 4320 contentions if spousal support is disputed.

4. A description of each issue in dispute. The description shall include each party’s contentions as to the disputed issue. If spousal support is a disputed issue, the description shall include each party’s contentions as to the Family Code §4320 factors.

Applies to

Settlement conference statement

The settlement conference statement must include the party’s estimated trial-ready date and a good-faith trial time estimate.

5. Estimated date that the party will be ready for trial and a good faith time estimate for Trial.