Modoc Superior Court Document Filing Requirements

246 rules from official source documents

Required elements, certificates, and structural requirements for court documents.

CRITICAL

Applies to: Petition

A petition for withdrawal must include the parent or parents’ financial declaration, except when the withdrawal is for taxes.

Except for petitions for withdrawals to pay taxes, a financial declaration by the parents or parent describing his, her, or their income and expenses must be attached to the petition.

CRITICAL

Applies to: Petition for final distribution

For each rejected claim, the petition must state the rejection date, and the original rejection notice with an affidavit of mailing to the creditor must be filed.

As to any rejected claims, the date of rejection must be set forth, and the original of the notice of rejection, with affidavit of mailing to the creditor, must be filed.

CRITICAL

Applies to: Ex parte application

An applicant for an ex parte order must disclose if the requested order would change the status quo.

The applicant for an ex parte order has an absolute duty to disclose to the Court that a requested order will result in a change of the status quo.

CRITICAL

Applies to: Petition for probate

The petition for probate or letters of administration must list all contingent heirs, devisees, and legatees.

As to contingent heirs, devisees and legatees, all such persons must be listed in the petition for probate or for letters of administration

CRITICAL

Applies to: Declaration for default

When requesting custody, visitation, or support orders in a default proceeding, the moving party must provide the specified separation, custody, contact, visitation, and support information in the default declaration or its attachments.

When a child custody, visitation, or support order is requested in a default proceeding, the moving party must state on the declaration for default, or on attachments thereto, the following: a. Date of parties' separation; b. Custodial arrangement since separation; c. Extent of contact between the child(ren) and the non-custodial parent; d. If the moving party seeks to deny visitation to the defaulting party, a statement of the reasons; e. The amount of child support sought, the basis for the amount sought, and, if available, the computer print-out of the guideline support proposed; f. If the moving party seeks to waive child support, or to reserve that issue, then that party’s reasons for such must be set forth. g. If child support has been ordered in another Superior Court proceeding, then the moving party must disclose that fact to the Court, and must state the case number of the other proceeding, if known.

CRITICAL

Applies to: Electronic filing cover sheet
Must include: page count

Each electronic filing must include a cover sheet identifying the court and its contact details, the filing party's contact information, the submission date and document, and the total page count.

Electronic filings shall be accompanied by a cover sheet with the following information: TO: Appellate Division of the Superior Court 205 South East St Alturas, CA 96101 Telephone Number: 530-233-6515 Email Address: clerk@modoc.courts.ca.gov NAME, ADDRESS, TELEPHONE NUMBER & EMAIL ADDRESS OF PARTY MAKING FILING DATE SUBMITTED DOCUMENT SUBMITTED TOTAL NUMBER OF PAGES

CRITICAL

If available, the disposition of a prior Children’s Services investigation or the nature of the agency’s involvement must be disclosed to the Court.

If a family was previously involved with Children's Services (or an equivalent agency in another jurisdiction), the disposition of that investigation or the nature of the agency’s involvement must be disclosed to the Court if that information is available.

CRITICAL

Applies to: Unemployment declaration

An unemployed party must submit a declaration describing prior employment, income, reasons for termination, and current efforts to obtain employment.

If a party is unemployed, that party must submit a declaration describing his or her previous employment, gross/net income earned when employed, and reasons for termination. It also must describe the party’s current efforts to obtain employment.

CRITICAL

Applies to: Proposed judgment

The marital status for all dissolutions will terminate no less than six (6) months and one (1) day from the date the Court acquired jurisdiction over the respondent (or the next court day where said date falls on a court holiday or weekend). If a judgment is not presented for the Court’s approval until after the six months has lapsed, marital status will terminate on the date that the Court signs the judgment. In this instance, the petitioner may leave the termination date blank on the proposed judgment. (Note: proposed judgments for legal separation must not state a termination date.)

CRITICAL

Applies to: Initiating case document

The filing party must stamp the notice of assignment on the initiating case document and its conformed copies for service.

All civil cases shall be assigned to a particular bench officer for all purposes at the time of the initial filing by stamping notice of assignment on the initiating case document and upon any conformed copies of same for service upon opposing counsel or opposing party(s) by the filing party.

CRITICAL

Applies to: Search warrant return

Present search warrant returns to the Clerk of the Court, who is authorized to receive and execute them for the Court.

Search warrant returns are to be presented to the Clerk of the Court, who is authorized to receive and execute the return for the Court. (Penal Code §1534(c).)

CRITICAL

Applies to: Alternative publication application

An indigent plaintiff or petitioner may seek alternative publication, and must submit an application and declaration stating that a fee waiver was granted and explaining the inability to afford publication.

An indigent plaintiff/petitioner may apply to the Court for an alternative manner of publication, other than publication in a California newspaper of general circulation. A plaintiff/petitioner may be eligible for indigent relief when a prior fee waiver has been granted in the same action. The petitioner must submit, for the Court’s review, an application and declaration for alternative publication, stating that the Court has granted a fee waiver and the reasons that the applicant cannot now afford the cost of publication.

CRITICAL

Applies to: Settlement conference materials

Parties must have available at the settlement conference all pertinent settlement materials, including the listed evidence and documents, with medical reports required when personal injury is claimed.

Have available any and all medical reports (if a personal injury is claimed), depositions, photographs, records, diagrams, maps, bills, contracts, memoranda and other documents pertinent to settlement of the case.

CRITICAL

Applies to: Petition for final distribution

If distribution is under an assignment of interest, the petition must state the assignment's details and consideration, and the acknowledged assignment must be filed with the court.

If distribution is to be made pursuant to an assignment of interest, then the details of the assignment, including the consideration therefore, shall be set forth in the petition, and the acknowledged assignment shall be filed with the Court.

CRITICAL

Applies to: Judgment

The judgment must identify each referenced real property by its complete legal description and common address.

All real property referred to in the judgment must be identified therein by its complete legal description and common address.

CRITICAL

Applies to: Petition to terminate estate

If a ward dies before reaching majority or a conservatee dies, the guardian or conservator must petition to terminate the estate.

If the ward dies before reaching majority, or upon the death of the conservatee, the guardian or conservator must petition the Court to terminate the estate

CRITICAL

Applies to: Proposed order

The proposed order must provide for immediate delivery of the moving papers to opposing counsel or an unrepresented party.

Provisions for the immediate delivery of the moving papers to opposing counsel's office, or to an unrepresented party, must be set forth in the proposed order.

CRITICAL

Applies to: Petition requesting attorney fees

Every petition requesting ordinary or extraordinary attorney fees must request a specific sum, not merely a reasonable amount.

In all petitions requesting attorney fees, both ordinary and extraordinary, a specific sum (not merely a "reasonable amount") must be requested.

CRITICAL

Applies to: Petition for extraordinary fees or commissions

A petition seeking fees or commissions above statutory compensation must include an itemized declaration of services, requested amounts for each service and in total, and a reference to the additional fees in the caption and prayer.

A petition filed under any provision of the Probate Code which requests fees or commissions in excess of the authorized statutory compensation must include: 1) a declaration by the attorney, personal representative, trustee, or other fiduciary stating the services rendered, or to be rendered, by each of them, itemized by date, time and service rendered; 2) the amount requested for each item of service, together with the total amount requested; and 3) a reference in the caption and prayer to the additional fees.

CRITICAL

Applies to: Motion to be relieved as attorney of record

An attorney seeking to be relieved as attorney of record must comply with California Rule of Court 3.1362.

An attorney who wishes to be relieved as attorney of record must comply with Rule 3.1362 of the California Rules of Court.

CRITICAL

Applies to: Case management statement

After a qualifying trial continuance, each party must file a current and complete CM-110 case management statement.

If a trial date is continued by stipulation or at any time other than during a case management conference, the matter will be set for further proceedings on the regular case management calendar, and at least five (5) days before that date each party must file a current and complete case management statement (JC Form CM-110).

CRITICAL

Applies to: Custody or visitation action

Before bringing a custody or visitation action in the Family Law Department, counsel and parties must disclose to the Court the status of prior or pending Juvenile Court proceedings.

Neither counsel nor parties may bring an action for custody or visitation in the Family Law Department without disclosing to the Court the status of any prior or pending Juvenile Court proceedings.

CRITICAL

Applies to: Report

The advocate must report the results of the assigned duties directly to the Court.

The advocate shall report the results of his/her specific duties directly to the Court.

CRITICAL

Applies to: Writ of possession application

Every application for a writ of possession must comply with Code of Civil Procedure §516.030.

Every application for issuance of a writ of possession must comply with Code of Civil Procedure §516.030.

CRITICAL

Applies to: New case filing

Each new-case filing must be accompanied by a separate fee-waiver application.

A separate application for fee waiver must accompany each filing of a new case.

CRITICAL

Applies to: Decree

Pertinent provisions in the decree must reflect the conditions at the time of distribution and be stated in the present tense and third person, rather than quoted verbatim from the will.

in the decree in a manner that will give effect to the conditions existing at the time distribution is ordered. The pertinent provisions must be set forth in the present tense and in the third person instead of by merely quoting the will verbatim, because the will in some instances may be in the future tense and/or the first person, and may contain provisions that are no longer applicable.

CRITICAL

Applies to: Income expense declaration

Complete all applicable I&E blanks; appropriate entries may include “Unknown,” “Estimate,” “Not Applicable,” or “None.”

All applicable blanks on the Income and Expense Declaration must be completed. Notations such as "Unknown," “Estimate," "Not Applicable," and "None" may be used where appropriate.

CRITICAL

Applies to: Ex parte application

Except as to an adverse party in default, an ex parte application for an order must be supported by an affidavit or declaration establishing timely notice, a good-faith unsuccessful attempt to give notice, or specified good cause for proceeding without notice.

1. Except as to an adverse party in default, an application for an order must not be made by ex parte hearing unless it appears, by affidavit or declaration: a. that within a reasonable time (see part 3.03.B(2), below) before the application is heard, the moving party informed all opposing counsel or unrepresented parties as to when and where the application would be made, and the exact nature of the relief sought thereby; or, b. that the moving party in good faith attempted to inform opposing counsel or unrepresented parties of the time, place, and content of the ex parte application, but was unable to do so (specifying such attempts); or, c. that for reasons specified, which establish good cause, the moving party should not be required to inform opposing counsel or unrepresented parties of the pending ex parte application.

CRITICAL

Applies to: Ex parte petition for modification of probation

The listed Ex Parte Petition for Modification of Probation is designated mandatory.

MOD-3 2015 Ex Parte Petition for Modification of Probation (Mandatory)

CRITICAL

Applies to: Declaration for ex parte application

The listed Declaration for Ex Parte Application is designated mandatory.

MOD-15 2015 Declaration for Ex Parte Application (Mandatory)

CRITICAL

Applies to: Ex parte petition to place matter on calendar

The listed Ex Parte Petition to Place Matter on Calendar is designated mandatory.

MOD-4 2015 Ex Parte Petition to Place Matter on Calendar (Mandatory)

CRITICAL

Applies to: Judgment

Every judgment must be full and complete.

All judgments must be full and complete.

CRITICAL

Applies to: Motion

Child-related reports must not be attached to motions and must be provided to the Court or Mediator if ordered.

Medical, psychological, educational or other types of reports concerning a child must not be attached to motions, but must be provided to the Court or Mediator as may be ordered.

CRITICAL

Applies to: Proposed order

When Rule 3.1312 does not govern or its timing is impracticable, the prevailing party must prepare a proposed order within 10 calendar days after receiving the Court's written or oral ruling and submit it to the opposing party for approval as to form.

In matters not governed by Rule 3.1312, or in cases where the Court finds that the time constraints of Rule 3.1312 are impracticable, the prevailing party on a motion must, within ten (10) calendar days of receipt of the Court's written or oral ruling, prepare a proposed order thereon and submit it to the opposing party for approval (as to matters of form only).

CRITICAL

Applies to: Exhibit cover sheet

When a party has more than ten trial exhibits, the exhibits must be accompanied by a cover sheet identifying each exhibit in order and providing space for the clerk to mark its status.

In any case where a party has in excess of ten (10) exhibits to enter in evidence at a trial, the party or attorney must arrange to have all exhibits pre-marked prior to the trial, and the exhibits must be accompanied by a cover sheet for the clerk that identifies the nature of each exhibit in order, and provides a place for the clerk to mark, “admitted”, “withdrawn” or “excluded” after each marked exhibit.

CRITICAL

Applies to: Petition for final distribution

The petition must allege payment of specified costs, and the court will not approve the final account or grant termination unless satisfied that all administration costs have been paid.

An allegation that all legal advertising, bond premiums, probate referee’s fees, and costs of administration have been paid. (Note: the final account will not be approved, and neither will a petition to terminate proceedings be granted, unless the Court is satisfied that all costs of administration, including charges for legal advertising, have been paid.)

CRITICAL

Applies to: Supplemental profit and loss statement

If more than 60 days have elapsed since filing the I&E, a self-employed party must prepare a supplemental Schedule C-level profit and loss statement covering the period from the attached statement’s end date through the hearing.

In addition, and not withstanding subsection B.(1) of this Rule, if more than sixty (60) days have elapsed since the filing of the Income and Expense Declaration, self- employed individuals must prepare a supplemental profit and loss statement, at least as detailed as the IRS form Schedule C, for the period of time from the ending date of the profit and loss statement attached to the I&E through the time of the hearing.

CRITICAL

Applies to: Petition for probate

If a handwritten will or codicil is submitted as a photographic copy, a typewritten copy of its text must also be attached.

If the will or codicil is handwritten and a photographic copy is attached, then a typewritten copy of the text of the document must be attached as well.

CRITICAL

Applies to: Petition for final distribution

A petition for final distribution must include the listed matters unless they are set forth in the account and report.

In addition to items otherwise required by law, a petition for final distribution must include the following matters, unless set forth in the account and report:

CRITICAL

Applies to: Court letter

An order sent to the Court for signature must include a letter stating when it was sent to the opposing party, any known reason for nonapproval, and a request for the judge's signature.

The order must be accompanied by a letter to the Court stating the date the order was sent to the opposing party, the opposing party's reason(s) for not approving it (if known), and a request that the judge sign the order.

CRITICAL

Applies to: Arrest warrant supporting declaration

Fully date and execute all supporting declarations for arrest warrants before submitting them to a judge.

All supporting declarations for arrest warrants must be fully dated and executed before submission to a judge.

CRITICAL

Applies to: Formal default judgment

The requesting party or attorney must prepare the formal default judgment and include the specified proposed provisions through an incorporated marital settlement agreement or continuation pages.

The party requesting a default judgment, or the party’s attorney, must prepare the formal judgment. All proposed provisions relating to child custody, visitation, child support, attorney's fees and costs, property, and injunctive orders must be set forth in the formal judgment, either by attaching and incorporating a copy of the parties’ marital settlement agreement addressing these issues, or by attaching continuation pages containing the orders the party has requested.

CRITICAL

Applies to: Petition

A minor who is at least fourteen years old and the guardian or trustee must sign the petition.

If the minor is fourteen years of age or older, he or she (as well as the guardian or trustee) must sign the petition.

CRITICAL

Applies to: GC-330

A conservatorship petitioner must submit a fully completed Judicial Council Form GC-330 for court approval.

When a petition for appointment of a conservator is filed, the petitioner must also submit a fully completed Judicial Council Form GC-330, “Order Appointing Court Investigator”, for the Court’s approval

CRITICAL

Applies to: GC-330

After the appointment, the petitioner must provide the Clerk an additional copy of the GC-330 for transmittal to the Court Investigator.

and must provide the Clerk with an additional copy of that document for transmittal to the Court Investigator after the appointment has been made.

CRITICAL

Applies to: Notice of hearing

The notice of hearing on a petition seeking extraordinary fees or commissions must include that request.

In addition, the request for extraordinary fees and/or commission must be included in the notice of hearing on the petition.

CRITICAL

Applies to: Hearing exhibits

When a party has more than 10 exhibits to enter at a hearing, the exhibits must be pre-marked before the hearing.

In any case where a party has in excess of ten (10) exhibits to enter in evidence at a hearing, the party or attorney must arrange to have all exhibits pre-marked prior to the hearing, and the exhibits must be accompanied by a cover sheet for the clerk that identifies the nature of each exhibit in order, and provides a place for the clerk to mark, “admitted”, “withdrawn” or “excluded” after each marked exhibit.

CRITICAL

Applies to: Default judgment

A party may not seek judgment orders beyond the petition’s requested relief, except that the Court may order child support when there are minor children even if it was not requested.

A party may not request orders in the judgment beyond the relief requested in the petition, except that if there are minor children, the Court will have and retain jurisdiction to order child support whether or not it was so requested. [Family Code §4001.]

CRITICAL

Applies to: Compensation claim

Compensation claims must be submitted in writing, in the prescribed form, and by the time set in Local Rule 13.07.

Claims for compensation by appointed attorneys or agencies must be submitted in writing to the Judge of the Juvenile Court, or to such agency as may be designated by the Court from time-to-time, in the form, and not later than the time, prescribed in Local Rule 13.07.

CRITICAL

Applies to: Proof of will

If the attestation clause is unverified, proof offered by a subscribing witness must be filed on Judicial Council form DE-131.

If the attestation clause is unverified, any proof offered by a subscribing witness must be filed on Judicial Council form DE-131.

CRITICAL

Applies to: Depository receipt

The filed depository receipt must be prepared on Judicial Council Form MC-356.

must file a receipt from the depository, on Judicial Council Form MC-356, within 15 days thereafter.

CRITICAL

Applies to: Petition for final distribution

The full terms of any testamentary trust must appear in the petition and in the order or decree, rather than being incorporated by reference.

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

CRITICAL

Applies to: Petition for final distribution

For distribution to a minor or incompetent, the petition must allege compliance with Probate Code §3300 et seq. or current certified guardianship or conservatorship letters must be filed.

If the distribution is to be made to a minor or an incompetent, then facts showing compliance with Probate Code §3300, et seq., must be alleged. Alternatively, current certified copies of letters of guardianship or conservatorship of the estate must be filed.

CRITICAL

Applies to: Petition

Copies of bills, statements, or letters related to the withdrawal request must be attached.

Copies of bills, statements, or letters related to the request also must be attached.

CRITICAL

Applies to: Petition for final distribution

If property will be distributed to a minor, the petition must state the minor's present age.

If property is to be distributed to a minor, the minor's present age must be indicated.

CRITICAL

A pending Children’s Services investigation, or equivalent investigation in another jurisdiction, must be disclosed to the Court.

When an investigation by Children’s Services (or the equivalent agency in another jurisdiction) is pending, this fact must be made known to the Court.

CRITICAL

Applies to: Accounting waiver

Accounting waivers must be filed with the Court or endorsed on the petition.

All waivers must be filed with the Court or endorsed on the petition.

CRITICAL

Applies to: Spousal support order

Every spousal-support order must state the amount and payment dates and, absent a contrary agreement, provide for termination upon either party’s death or the supported party’s remarriage.

All orders for spousal support must state the amount of support, the dates payable, and, unless there is an agreement to the contrary, that support will terminate on the death of either party or on remarriage of the supported party.

CRITICAL

Applies to: Jury instructions

Jury instructions covering law disclosed by the pleadings must be delivered in writing to the trial judge before voir dire, unless the judge indicates otherwise.

Pursuant to Code of Civil Procedure §607a, all jury instructions covering the law as disclosed by the pleadings must be delivered in writing to the trial judge before jury voir dire commences, unless indicated by the judge.

CRITICAL

Applies to: Property settlement agreement

For court approval or incorporation of a property settlement agreement, the petition or signed and filed agreement or stipulation must provide for submission to the Court, or the parties and their attorneys must endorse their approval on the agreement.

The petition refers to the property settlement agreement, or the agreement or a separate stipulation signed and filed by the parties and their respective attorneys, if any, and provides that the agreement may be presented for Court approval and incorporation, or both parties and their respective attorneys, if any, have endorsed their approval of the agreement.

CRITICAL

Applies to: Order for modification of sentence

The listed Order for Modification of Sentence is designated mandatory.

MOD-5 2015 Order for Modification of Sentence (Mandatory)

CRITICAL

Applies to: Petition for final distribution

The petition must include a statement regarding payment of all taxes under Probate Code §9650(b).

A statement regarding payment of all taxes pursuant to Probate Code §9650(b).

CRITICAL

Applies to: Tax return filing

A tax return filed with the Court must be attached to a separate declaration identifying the return and conspicuously marked “CONFIDENTIAL TAX RETURN.”

Any tax return to be filed with the Court, whether it is the tax return of the person filing it or the tax return of any other person must be attached to a separate declaration that identifies the tax return(s) being submitted and that is conspicuously marked “CONFIDENTIAL TAX RETURN”.

CRITICAL

Applies to: Letter request

For a compromise over $10,000, the petitioner and minor or incompetent person must attend the hearing unless advance good cause is established to the Court’s satisfaction through a letter request to excuse attendance.

The presence of the petitioner and the minor or incompetent person is required at the hearing on a petition for approval of any compromise in excess of Ten Thousand Dollars ($10,000), unless, in advance of the hearing, good cause for non-appearance is established to the Court’s satisfaction by a letter request seeking to excuse that person's attendance.

CRITICAL

Applies to: Probate account

Accounts filed in probate proceedings, including guardianship, conservatorship, and trust accounts, must comply with Probate Code sections 1060 et seq.

All accounts filed in probate proceedings, including guardianship, conservatorship, and trust accounts, shall comply with Probate Code §§1060 et seq.

CRITICAL

Applies to: Petition for final distribution

The petition must fully describe distributable assets, including required details for cash, promissory notes, and real property, and may not rely on inventory and appraisal references.

A full and complete description of all assets to be distributed. The description must include all cash on hand, and must indicate whether promissory notes are secured or unsecured. If secured, the security interest must be described. Real property must include a complete legal description. Note: descriptions made by reference to the inventory and appraisal are not acceptable.

CRITICAL

Applies to: Petition for final distribution

If a trust will distribute property to a beneficiary upon reaching a specified age, the petition must allege the distributee's present age.

If a trust is established in which property will be distributed to a beneficiary upon reaching a given age, the petition must allege the present age of the distributee.

CRITICAL

Applies to: Ex parte application to shorten time

The Court upon ex parte written application may grant an order shortening time, if the application is supported by a declaration demonstrating good cause. Any ex parte application to the Court for an order shortening time must comply with Local Rule 3.03.

CRITICAL

Applies to: Settlement papers or dismissal

If a calendared settlement conference matter is resolved beforehand, the parties must file settlement papers or a dismissal before the conference can be removed from the calendar.

If a settlement conference has been calendared and the matter is resolved prior thereto, the settlement conference will not be dropped from calendar unless and until the parties have filed settlement papers or a dismissal of the action, and have informed the Clerk of the Court that the matter can be dropped from calendar.

CRITICAL

Applies to: Petition

A vehicle-purchase withdrawal petition must include the proposed purchase/sale agreement showing the vehicle, year, price, and payment terms.

If the requested withdrawal is for the purchase of a vehicle, a copy of the proposed purchase/sale agreement must be attached to the petition. The agreement must show the type of vehicle, year, purchase price, and whether the payment will be made in full or in specified installments.

CRITICAL

Applies to: Declaration

Declarations supporting or opposing motions or other applications must comply with the cited rules and state evidentiary facts under penalty of perjury, with an exception for statutorily authorized information-and-belief statements that must include their factual basis.

All declarations submitted in support of or in opposition to a motion, or any other application to the Court, must comply with the requirements of CRC Rule 3.1115 and Code of Civil Procedure §2015.5. Failure to comply may result in the Court’s disregard of the declaration. Unless a statute authorizes a declaration on information and belief, the declaration must set forth statements of evidentiary facts to which the declarant could testify if called as a witness, and must include a declaration under penalty of perjury by the declarant to that fact. If a statute authorizes a statement on information and belief, and the declarant makes such statement, the facts upon which the declarant’s information and belief are based must be included.

CRITICAL

Applies to: Default prove up evidence

At a default prove-up, each essential element must be supported by competent evidence; allegations and mere conclusions do not suffice, and affidavits or declarations must affirmatively establish the declarant's competence.

For purposes of default prove-ups, allegations in the complaint or cross- complaint, if applicable, are not deemed proved because of the failure of the adverse party to answer. Rather, proof must be presented by competent evidence with respect to all essential elements of the causes of action to be proved. Mere conclusions are insufficient. Affidavits and declarations must show, affirmatively, that the affiant or declarant is competent to state those things that appear therein.

CRITICAL

Applies to: Income expense declaration

Each party must submit a current I&E for a financial matter; if the filed I&E is more than 60 days old at the hearing, the party must file a new one or file and serve a sworn declaration identifying the prior I&E and stating that it has not materially changed.

Each party must submit a current Income and Expense Declaration (“I&E”) whenever a financial matter is an issue. If an I&E has been filed more than sixty (60) days before the date of the hearing, a new declaration must be filed unless the party who would be filing the I&E files and serves instead a declaration under penalty of perjury that the contents of the last filed I&E (identified by filing date) have not changed materially in any respect.

CRITICAL

Applies to: Pleading

Pleadings, including orders to show cause, notices of motion, and responsive declarations, must use the appropriate Judicial Council form when one is mandated.

All pleadings, including orders to show cause, notices of motion, and responsive declarations, must be pleaded on the appropriate Judicial Council form where mandated,

CRITICAL

Applies to: Motion for augmentation correction or addition to record

Motions to augment or correct the record, or to add omitted record portions, must state the good cause for omission and identify prior motions of these types granted or denied after the notice of appeal.

All motions for augmentation and correction of the record pursuant to California Rules of Court, rule 8.841, and motions for the addition of omitted portions of the record pursuant to rule 8.841, shall set forth the facts showing: 1) good cause why the materials have not been included in the record on appeal; and 2) any previous motions for augmentation or additions to the record granted or denied to any party after filing of the notice of appeal.

CRITICAL

Applies to: Fax filing cover sheet

Every paper received by fax under this part must be accompanied by an informational cover sheet identifying the transmitting party and the listed contact, transmission, and case details.

An informational cover sheet that identifies the transmitting party, his or her telephone number and address, the date of the transmission, the case name, and the case number, must accompany every paper received by FAX pursuant to this part.

CRITICAL

Applies to: Child support order

A default child-support order in the specified TANF circumstances must direct payments to the designated support agency.

All such orders for child support must specify that payments will be made to the designated support agency.

CRITICAL

Applies to: Income expense declaration

Attach the last two pay stubs to the I&E.

Last two (2) pay stubs.

CRITICAL

Applies to: Proposed judgment submission

With the proposed judgment and required forms, the petitioner must submit an original and two copies of the Notice of Entry of Judgment form and two prepaid first-class envelopes addressed to the parties.

The petitioner must submit, together with the proposed judgment and any forms required above, an original and two copies of the form “Notice of Entry of Judgment”. The petitioner must also submit two (2) first-class postage prepaid envelopes, addressed to the parties as listed on the notice of entry of judgment.

CRITICAL

Applies to: Proof of service

When a copy of the petition must be served, the proof of service of notice must also show that the copy was served.

When service of a copy of the petition is required, the proof of service of notice must also show service of the copy.

CRITICAL

Applies to: Declaration for default

After entry of default, the petitioner must file a completed default declaration identifying the orders to be included in the dissolution or legal-separation judgment.

After default of the respondent has been entered, the petitioner must file a completed form declaration for default that indicates which orders are to be included in the judgment of dissolution or legal separation.

CRITICAL

Applies to: Supporting declarations

Any evidentiary facts relied upon in the memorandum must also be presented in the supporting declarations.

Any evidentiary facts relied on in the memorandum must be presented in the supporting declarations.

CRITICAL

Applies to: Notice of death

The guardian or conservator’s notice to the Court of the ward’s or conservatee’s death must be in writing.

The guardian or conservator must notify the Court, within thirty-days (30) and in writing, of the death of the ward or conservatee.

CRITICAL

Applies to: Petition for probate

The petition must allege that bond has been waived if the will or codicil waives it or all beneficiaries waive it through duly executed and filed waivers.

If bond has been waived in the will or codicil, or if it is waived by all beneficiaries of the will by way of duly executed and filed waivers of bond, then the fact that bond has been waived must be alleged in the petition.

CRITICAL

Applies to: Income expense declaration

An I&E must state the best estimate of the other party’s income, whether custody or visitation is currently at issue, and each party’s estimated timeshare with the minor children.

The I&E must state the best estimate of the other party’s income, and whether or not child custody or visitation is currently an issue. The Declaration must state the declarant’s best estimate of the timeshare each party has with the minor child(ren).

CRITICAL

Applies to: Affidavit or declaration

An affidavit or declaration submitted with an ex parte writ of attachment application must comply with the specified Code of Civil Procedure provisions.

When application is made for an ex parte writ of attachment, any affidavit or declaration submitted therewith must also comply with Code of Civil Procedure §482.040 as modified by Code of Civil Procedure §§485.210(d) and 488.510(b).

CRITICAL

Applies to: Responsive pleading

A responding party seeking affirmative relief must file and serve a separate order to show cause or notice of motion.

CRITICAL

Applies to: Petition

A vehicle-purchase withdrawal petition must include a casualty insurance quote.

In addition to the previously mentioned agreement, a casualty insurance quote must be attached to the petition.

CRITICAL

Applies to: Petition for final distribution

When property character may affect distribution, the petition must identify which assets are separate property and which are community property.

In all cases where the character of property may affect distribution of the estate, a statement or listing of which assets are separate property and which assets are community properties.

CRITICAL

Applies to: Compromise petition
Must include: proposed order

A compromise petition must include a proposed order approving the compromise prepared on Form MC-351.

The Petition must be accompanied by a proposed order approving the compromise, prepared on Judicial Council Form MC-351.

CRITICAL

Applies to: Income expense declaration

Attach W-2s or 1099 forms to the I&E if the income tax return is unavailable.

W-2’s or 1099 forms if the income tax return is unavailable;

CRITICAL

Applies to: Criminal charging document

When filing a criminal charging document, the filing agency must submit two copies for each named defendant.

At the time a criminal charging document is filed, the filing agency must submit two copies of the charging document for each defendant named therein.

CRITICAL

Applies to: Exhibit list

The parties must lodge an exhibit list with the Court at trial; the exhibits themselves are not to be lodged as part of this requirement.

A list of exhibits (not the exhibits themselves) must be lodged with the Court at time of trial.

CRITICAL

Applies to: Proposed order

Proposed orders for continuing payments must specify a definite start date and a definite end date or period, and may not require payments to continue until further order.

All proposed orders for continuing payments must provide that the payments will commence on a date certain and will continue until a) a date certain or b) for a specified period. The Court will not make orders that require continuing payments to run “until further order”.

CRITICAL

Applies to: Blocked account withdrawal application

The application must include a certified birth certificate and one of the specified records of the blocked account.

The following documents must be attached to the application: a. a certified copy of the birth certificate of the minor, and b. either (i) an updated savings passbook or a statement showing all deposits and withdrawals since the account was opened, or (ii) a letter from the depository identifying the account and setting forth the dates and amounts of all deposits and withdrawals, along with the current balance.

CRITICAL

Applies to: Ex parte application

An ex parte application must allege either that no special notice was requested or that requested special notice was waived, identifying the persons who requested it.

All applications for ex parte orders must contain an allegation that no special notice has been requested, or an allegation that any requested special notice has been waived (with identification of the persons requesting special notice).

CRITICAL

Applies to: Order or judgment

The place for the judicial signature must appear at the end of the order or judgment.

The place provided for the judicial signature must appear at the end of the order or judgment.

CRITICAL

Applies to: Bail application

A person requesting a bail reduction or increase must disclose all prior such applications in the pending matter.

Any person requesting a bail reduction or bail increase must disclose all prior such applications that have been made in the pending matter.

CRITICAL

Applies to: Ex parte application cover sheet

Counsel or an unrepresented party must submit a prominently displayed cover sheet with the specified wording for an ex parte matter.

In ex parte matters, an additional cover sheet must be prepared and submitted by counsel or unrepresented party, which states, in a manner designed to be readily observed by the clerk and the Court: “THIS IS AN EX PARTE APPLICATION. THE MATTER IS CALENDARED FOR HEARING AT [DATE and TIME]”.

CRITICAL

Applies to: Supporting declaration

A supporting declaration for an order shortening time must state whether the responding party is represented, provide the attorney's name and address, and state whether the attorney was contacted and agreed to the proposed hearing date and time.

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

CRITICAL

Applies to: Declaration

The applicant must submit a declaration describing payments or other compliance, the alleged failure, and the requested order.

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

CRITICAL

Applies to: Petition for final distribution

The petition must include the Schedule of Graduated Filing Fee Information required by California Rules of Court, Rule 7.552.

A Schedule of Graduated Filing Fee Information as required by Rule 7.552 of the California Rules of Court.

CRITICAL

Applies to: Arrest or search warrant request

Present arrest and search warrant requests to the appropriate prosecutor for review and approval before delivery to the Court, and obtain that approval in writing.

All requests for arrest warrants and search warrants must first be presented to the District Attorney or Attorney General, as appropriate, for review and approval before delivery to the Court. Approval by the District Attorney or Attorney General must be in writing.

CRITICAL

Applies to: Child support stipulation

Stipulations establishing or modifying child support must be submitted on the appropriate Judicial Council forms.

All stipulations establishing or modifying child support must be submitted on the appropriate Judicial Council forms.

CRITICAL

Applies to: Formal judgment

A judgment must use the parties’ full names as they appear in the initial pleadings’ caption unless an order amends those names.

Refer to full names as they appear in the caption of the initial pleadings, or obtain an order amending the pleadings in respect to such names;

CRITICAL

Applies to: Notice of motion and motion

A suppression motion and its notice must identify the evidence, state the theories relied on, and generally state the supporting legal authorities.

The notice of motion and motion shall specifically describe and list the evidence that is the subject of the motion to suppress, and shall state the theory or theories which will be relied upon, and state generally the legal authorities supporting the theory or theories upon which suppression of the evidence is sought.

CRITICAL

Applies to: Ex parte petition

An ex parte petition to sell stock or personal property must state whether the property is specifically devised and, if it is, include the specific devisee’s consent.

Ex parte petitions for orders for sale of stock or personal property must allege whether or not the property is specifically devised. If so, the consent of the specific devisee must accompany the petition.

CRITICAL

Applies to: Petition and supporting documents

At filing, the petitioner must submit an extra copy of the petition and all supporting documents to the Court Clerk.

For the same purpose, the petitioner must submit an extra copy of the petition and all supporting documents to the Court Clerk at the time of filing.

CRITICAL

Applies to: Fax filing

Fax filings must include form MC-005 as the first transmitted page, with its Telephone Number and E-Mail Address fields completed.

Filings by fax in the Appellate Division shall be accompanied by the Facsimile Transmission Cover Sheet (MC-005). The cover sheet shall be the first page transmitted. Telephone Number and E-Mail Address fields on the cover sheet are deemed required.

CRITICAL

Applies to: Ex parte application

Proof of actual notice or justification for proceeding without notice, and proof of required document service, must be presented to the Court whenever possible at least four business hours before the application and in all cases by the appearance.

5. Proof of actual notice or of adequate justification for proceeding without notice, and proof of service of documents as required by this Rule, must be presented to the Court, whenever possible, no later than four (4) business hours prior to the application, and in any case by no later than the time of the appearance on the application.

CRITICAL

Applies to: Stipulation and order for continuance

The listed Stipulation and Order for Continuance is designated mandatory.

MOD-14 2015 Stipulation and Order for Continuance (Mandatory)

CRITICAL

Applies to: Report

The Education Advocate must report to the Court through the Department or an appointed CASA advocate for the child.

The Education Advocate shall report to the Court either through the Department or through any CASA who may be appointed as advocate for the subject child.

CRITICAL

Applies to: Specific written discovery request or motion

Specific written discovery requests and motions must identify the precise material sought.

CRITICAL

Applies to: Estate distribution order

Orders distributing estate assets to a testamentary trust’s trustee must set out all relevant will or codicil provisions to give effect to existing conditions, using present tense and third person.

Orders calling for distribution of estate assets to the trustee of a testamentary trust must set forth all provisions of the will or codicil relating to the trust or trustees, in a manner that will give effect to existing conditions at the time distribution is ordered. Pertinent provisions must be set forth in the present tense and third person.

CRITICAL

Applies to: Fax filed document

A document submitted for FAX filing must include “BY FAX” immediately below its title.

The document to be filed must include the words “BY FAX” immediately below its title.

CRITICAL

Applies to: Petition

A petition for withdrawal for specified medical or legal expenses must explain why the expense is necessary and not covered by insurance or another resource.

If the request for withdrawal pertains to medical care for an accident or other casualty, or for a legal matter, the petition must explain why the expense is necessary and why it is not covered by insurance or other resource.

CRITICAL

Applies to: Petition for probate

The actual or nominated trustee of a trust that is an estate beneficiary must be listed by name and title as a devisee or legatee.

As to the actual or nominated trustee of a trust that is a beneficiary of the decedent’s estate, said trustee must be listed by name and title as a devisee or legatee

CRITICAL

Applies to: Supporting declaration

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

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

CRITICAL

Applies to: Electronic filing

A document submitted electronically must have “Electronically Submitted” immediately below its title.

Each document transmitted electronically for filing shall contain the phrase “Electronically Submitted” immediately below the title of the document.

CRITICAL

Applies to: Trial setting request

Unless a request for entry of default or dismissal has been filed or the case is already set for trial, the plaintiff must file and serve a written trial-setting request within 25 days after filing the unlawful detainer complaint.

Within twenty-five (25) days after filing an unlawful detainer complaint, the plaintiff must file and serve a written request to set the matter for trial, unless a request for entry of default or request for dismissal has been filed, or unless the case has already been set for trial.

CRITICAL

Applies to: Attorney fee request

A request for more than $750 in attorney’s fees must include a declaration stating the attorney’s time and hourly rate, unless the matter is set for a contested hearing.

Any request for an award of attorney's fees in an amount greater than $750.00 must be supported by a factual declaration indicating the amount of time the attorney spent on the case and the attorney's hourly rate. Alternatively, the matter may be set for a contested hearing on this issue.

CRITICAL

Applies to: Order for modification of probation

The listed Order for Modification of Probation is designated mandatory.

MOD-11 2015 Order for Modification of Probation (Mandatory)

CRITICAL

Applies to: Substitution form

A substitution is not complete or effective unless the form includes the new attorney’s or unrepresented party’s address and telephone number and, for a new attorney, the attorney’s state bar number.

A substitution of attorneys or substitution of a party in pro per is not complete or effective unless the address and telephone number of the new attorney or new unrepresented party, and the state bar number of the new attorney, are included on the substitution form.

CRITICAL

Applies to: Trust distribution

When distribution is to a trust, the court must receive either the trustee’s acknowledged acceptance statement or a petition to designate a substitute trustee.

If distribution is to be made to a trust, then 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, must be filed with the Court.

CRITICAL

Applies to: Income and expense declaration

A completed income-and-expense declaration must be submitted for the specified support, fee, or cost requests in a default proceeding, subject to the stated spousal-support exception, and must include the submitting party’s best estimate of the other party’s income.

A fully-completed form income and expense declaration must be submitted where any one of the following orders is requested in a default proceeding: child support or waiver of child support, spousal support (except where a party reserves the Court's jurisdiction to award spousal support in the future), waiver or termination of spousal support in a long-term marriage (ten (10) years or more between the date of marriage and the date of separation), family support, or attorney's fees or costs. The declaration shall include the submitting party's best estimate of the other party's income.

CRITICAL

Applies to: Ex parte application

To request termination of marital status by bifurcation, the petitioner submits an ex parte application and supporting declaration, proposed judgment, three notices of entry, and two prepaid first-class-mail envelopes addressed to the parties.

petitioner may request termination of the marital status by submitting an ex parte application and supporting declaration for bifurcation, along with the proposed judgment, three (3) notices of entry of judgment, and two (2) first-class mail, postage prepaid envelopes addressed to the parties as listed on the notice of entry of judgment.

CRITICAL

Applies to: Ex parte petition

An ex parte probate application must provide facts justifying the requested relief, and its petition must be verified rather than rely on conclusions or ultimate facts.

Because no testimony will be taken in connection with ex parte petitions, the application must include facts that justify granting the prayer. The petition must be verified. Conclusions or statements of ultimate fact are not sufficient.

CRITICAL

Applies to: Receipt from depository

The trustee must file a depository receipt evidencing the ordered deposit.

Within 30 days after the Court signs an order for deposit into a blocked account, the trustee of the account must file a receipt from the depository, evidencing the ordered deposit.

CRITICAL

Applies to: Special verdict or special findings request

A party requesting a special verdict or special findings must comply with Rule 3.1580 in connection with requested instructions.

A party who requests a special verdict or special findings must, in connection with requested instructions, comply with Rule 3.1580 of the California Rules of Court, and must serve and file such request or proposed special findings forms before jury voir dire commences.

CRITICAL

Applies to: Child support application

When seeking child support for a child age 16 or older, the moving party must state the child’s school grade level as of the application.

If child support is sought for a child who is sixteen (16) years of age or older, the moving party must state the child’s school grade level as of the application.

CRITICAL

Applies to: Petition for final distribution

The petition must itemize costs paid or submitted for reimbursement, but ordinary overhead such as document duplication, long-distance charges, and automobile mileage is not a proper cost item.

An itemization of costs for which counsel or the personal representative has been paid or is seeking reimbursement. Ordinary overhead items, including but not limited to costs of duplication of documents, long distance charges, and automobile mileage, are not proper cost items.

CRITICAL

Applies to: Ex parte application

Any waiver of special notice must be filed with the ex parte application.

Any waiver of special notice must be filed with the application.

CRITICAL

Applies to: Petition for final distribution

The petition must include a statement complying with Probate Code §1064(a)(4) or allege that the fiduciary has no family or affiliate relationship with any agent hired for probate purposes.

A statement that complies with the disclosure requirements of Probate Code §1064(a)(4), or an allegation that no family or affiliate relationship exists between the fiduciary and any agent hired by the fiduciary for probate purposes.

CRITICAL

Applies to: Papers

A party relying on a previously filed document that is now unavailable must obtain copies, attach them to their papers, and make the document available to the Court before the hearing.

When counsel or self-represented party plans to refer to a document that was previously filed with the Court but is now unavailable (because the file containing the document is on microfiche, or otherwise), it is the responsibility of the party relying on the document to obtain copies thereof, to attach the copies to his or her papers, and to make the document available to the Court prior to the hearing on the matter.

CRITICAL

Applies to: Brief

Briefs longer than 15 pages must include a table of contents, table of authorities, and an opening summary of argument.

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

CRITICAL

Applies to: Paper citing authority

A cited authority other than the specified California authorities must be attached to the citing paper and tabbed as an exhibit.

If any authority other than a California case, statute, constitutional provision, or state or local rule is cited, a copy must be attached to the paper in which the authority is cited, and tabbed as an exhibit in the required manner, CRC Rule 3.1113.

CRITICAL

Applies to: Exhibit cover sheet

When a party has more than ten exhibits to enter in evidence at a hearing, the exhibits must be accompanied by a cover sheet identifying each exhibit in order and providing space for the clerk to mark its status.

CRITICAL

Applies to: Petition for termination and final account

If the provisions of §§13100 et seq. are used, the petition for termination and final account must include a Probate Code §13101 declaration from each person entitled to distribution.

13111. If the provisions of §§13100 et seq. are utilized, the petition for termination and the final account must include a declaration, pursuant to Probate Code §13101, from each person entitled to distribution of the estate.

CRITICAL

Applies to: Income and expense declaration

The petitioner must file an Income and Expense Declaration listing both parties’ incomes.

The petitioner must complete and file an Income and Expense Declaration listing both parties’ incomes.

CRITICAL

Applies to: Trial continuance stipulation
Must include: proposed order

A qualifying trial-continuance or trial-resetting stipulation must be accompanied by a proposed Order.

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

CRITICAL

Applies to: Ex parte motion for publication

The listed Ex Parte Motion for Publication is designated mandatory.

MOD-2 2015 Ex Parte Motion for Publication (Mandatory)

CRITICAL

Applies to: Petition for final distribution

If the estate exceeds $1,000,000 and more than $250,000 in assets are distributable to a non-resident, the petition must allege compliance with Revenue & Taxation Code §19513.

An allegation of compliance with Revenue & Taxation Code §19513, if the estate exceeds $1,000,000 and assets greater than $250,000 are distributable to a non-resident.

CRITICAL

Applies to: Marsden motion

The listed Marsden Motion is designated mandatory.

MOD-12 2015 Marsden Motion (Mandatory)

CRITICAL

Applies to: Property declaration

If the Court will dispose of assets or debts in a default proceeding, the petitioner must submit a completed property declaration proposing their division and proof of service of the disclosure declaration.

If there are assets and/or debts to be disposed of by the Court in a default proceeding, the petitioner must submit a completed property declaration that proposes the division of said assets and/or debts, as well as proof of service of the disclosure declaration. (Family Code §2106.)

CRITICAL

Applies to: Ex parte application
Must include: proposed order

Except for approved form petitions and orders, an ex parte application must include a separate, self-contained proposed order that does more than state the application was granted.

Except for form petitions and orders approved by the Judicial Council or this Court, all applications for ex parte orders must be accompanied by a separate proposed order, complete in itself. It is not sufficient for such order to provide merely that the application has been granted.

CRITICAL

Applies to: Claim for fees or expenses

Court-appointed counsel seeking fees or expense reimbursement in a criminal or juvenile action must submit a written claim to the Court, its designated agency, or the presiding judge, in the required form and time.

A claim for fees and/or reimbursement of expenses by an attorney appointed by the Court to represent an indigent defendant in a criminal or juvenile action must be submitted in writing to the Court, or to such agency as may be designated by the Court from time-to-time, or to the presiding judge of the Court, in the form, and not later than the time, prescribed in this Rule 12.06.

CRITICAL

Applies to: Special damages memorandum

Parties must produce memoranda itemizing any special damages claimed at the settlement conference.

Produce memoranda of items of any special damages claimed;

CRITICAL

Applies to: Petition for probate

A will or codicil not specifically mentioned in the original petition must be presented to the Court through an amended or second petition.

Every will or codicil not specifically mentioned in the original petition must be presented to the Court by way of an amended petition or a second petition

CRITICAL

Applies to: Property settlement agreement

A property settlement agreement must have the specified attorney signatures or self-represented party acknowledgments, depending on representation and court appearance.

a. If both parties are represented by counsel, the agreement has been signed by both attorneys; b. If only one party is represented by counsel, the attorney for that party has signed the agreement and the self-represented party has signed a statement that he or she has been advised to consult an attorney regarding the agreement, but has declined to do so; c. If neither party is represented by counsel, any party who has not appeared before the Court has acknowledged in the agreement that he or she is aware of the right to consult an attorney.

CRITICAL

Applies to: Blocked account withdrawal application

The application must include a statement about the minor’s employment and any income.

In addition, a statement regarding the minor's employment and income, if any, must be attached to the application.

CRITICAL

Applies to: Declaration of restrained person re firearms

The listed Declaration of Restrained Person RE: Firearms is designated mandatory.

MOD-13 2015 Declaration of Restrained Person RE: Firearms (Mandatory)

CRITICAL

Applies to: Petition for final distribution

The petition must include a claims schedule with the claimant's name, amount, presentation date, allowance date, and payment date if paid.

A schedule of claims showing the name of the claimant, amount claimed, date presented, date allowed, and, if paid, the date of payment.

CRITICAL

Applies to: Petition for withdrawal of funds

When the deposit order does not permit withdrawal without a further order on or after the minor’s eighteenth birthday, a withdrawal petition must follow the Local Rules and use Form MC-357.

If a court order for deposit of funds for the benefit of a minor does not allow for withdrawal without further order upon the minor’s eighteenth (18th) birthday or thereafter, then a petition for withdrawal of funds so deposited will be allowed only according to these Local Rules, and must be submitted on Judicial Council Form MC-357.

CRITICAL

Applies to: Ex parte application

A completed Declaration Re Ex Parte Notice must accompany a Family Code ex parte application.

For ex parte matters made pursuant to the Family Code, a “Declaration Re Ex Parte Notice” (See Appendix A) must be completed by counsel or self- represented party, and submitted with the ex parte application.

CRITICAL

Applies to: CASA program report

The designated CASA program must report regularly to the Superior Court and provide evidence of compliance with the specified guidelines.

The designated CASA program must report regularly to the Superior Court with evidence that it is operating under the guidelines established by the National CASA Association and by Rule 5.655 of the California Rules of Court.

CRITICAL

Applies to: Fax transmitted case caption

Every case caption sheet transmitted by fax must display “FILED BY FAX” in its upper-right corner.

In addition, every case caption sheet that is so transmitted must indicate: "FILED BY FAX” in the upper right-hand corner.

CRITICAL

Applies to: Blocked account withdrawal application

An application to withdraw funds from a blocked account must be verified.

Every application for an order to withdraw funds from a blocked account must be verified.

CRITICAL

Applies to: Order for publication

The listed Order for Publication is designated mandatory.

MOD-8 2015 Order for Publication (Mandatory)

CRITICAL

Applies to: Petition for final distribution

The petition must compute requested attorney fees and representative commissions and, in specified waived-accounting cases, state the computation method and tax-return allegation.

A computation of the attorney fees and representative commissions being requested, even if an accounting is waived. Where an accounting is waived and the statutory compensation is based upon receipts during probate, the method of computation must be set forth, together with an allegation that such receipts have been or will be reported on fiduciary income tax returns for the estate.

CRITICAL

Applies to: Supporting declaration or affidavit

Any supporting declaration or affidavit must establish the declarant’s personal knowledge.

A foundation that establishes a declarant’s personal knowledge must be set forth in any supporting declaration or affidavit.

CRITICAL

Applies to: Stipulation and order for termination or modification of protective and other restraining orders

The listed Stipulation and Order for Termination or Modification of Protective and Other Restraining Orders is designated mandatory.

MOD-1 2015 Stipulation and Order for Termination or Modification of Protective and Other Restraining Orders (Mandatory)

CRITICAL

Applies to: Original judgment

When lodging a proposed judgment, counsel must also lodge an original judgment with the same form and content, titled “Judgment” and suitable for the judge’s signature.

At the same time that the proposed Judgment is lodged with the Clerk, counsel must also lodge therewith the original form of the judgment. The original judgment must be in the same form and have the same content as the proposed judgment, except that it must be entitled "Judgment", and must be suitable for signature by the judge.

CRITICAL

Applies to: Compromise approval request

A request to approve a minor’s or incompetent person’s compromise must be submitted on a fully completed Form MC-350.

Requests for Court approval of compromise of a claim of a minor or incompetent person will not be considered unless submitted on a fully completed Judicial Council Form MC-350.

CRITICAL

Applies to: Writ of possession application

A writ of possession applicant must submit a declaration stating facts to assist the Court in determining the undertaking amount.

Additionally, the applicant must set forth, by declaration, facts to aid the Court in its determination of the undertaking amount, pursuant to Code of Civil Procedure §515.010.

CRITICAL

Applies to: Petition for final distribution

An application for extraordinary-services compensation will not be considered unless the petition's caption and prayer and the distribution notice refer to it.

Applications for compensation for extraordinary services will not be considered unless the caption and prayer of the petition, and the notice re distribution, contain a reference to such application for extraordinary compensation.

CRITICAL

Applies to: Writ of attachment application

If the applicant relies wholly or partly on a verified complaint, the application must include a separate statement of the evidentiary facts relied upon.

Where the applicant relies wholly or in part on a verified complaint, a separate statement setting forth the evidentiary facts upon which the applicant relies must accompany the application.

CRITICAL

Applies to: Petition for appointment of guardian

When filing a guardian-appointment petition, the petitioner must provide the Clerk an additional copy of the petition and all supporting documents for transmission to the investigating agency.

When a petition for appointment of guardian is filed, the petitioner must provide an additional copy of the petition and of all supporting documents for transmittal by the Clerk to the appropriate investigating agency.

CRITICAL

Applies to: Settlement statement

The statement must address all contested trial matters, the parties’ positions and supporting bases, and the proposing party’s proposed resolution of each issue.

The statement of issues required by this Rule must cover all contested matters to be raised at trial, including, without limitation, a concise statement of all contested legal and factual issues or matters, the relative positions of the parties as to contested issues (along with the legal and factual basis therefore), and the proposal of the party for resolution of each contested issue by the Court.

CRITICAL

Applies to: Request for dismissal

The listed Request for Dismissal is designated mandatory.

MOD-9 2015 Request for Dismissal (Mandatory)

CRITICAL

Applies to: Motion to file nunc pro tunc

A motion for nunc pro tunc filing must include the transmission record and a dated, signed proof of transmission in the stated form.

The motion shall be accompanied by the transmission record and a dated and signed proof of transmission in the following form: “At the time of transmission, I was at least 18 years of age and not a party to this legal proceeding. On (date) __________ and (time) ________________, I transmitted to the Appellate Division of the Superior Court the following document(s): _______________________________________________________________ by facsimile machine, pursuant to local rule. The court’s fax telephone number that I used as (fax telephone number) was____________________. The facsimile machine I used complied with rule California Rule of Court, rule 2.301, and no error was reported by the machine. I caused the machine to print a transmission record of the transmission, a copy of which is attached to this declaration. I declare under penalty of perjury that under the laws of the State of California that the foregoing is true and correct.”

CRITICAL

Applies to: Unlawful detainer case

Unless a responsive pleading has been filed, the plaintiff must file proof of service or an application for a posting order within 15 days after filing an unlawful detainer complaint.

Within fifteen (15) days after filing an unlawful detainer complaint, the plaintiff must file a proof of service of the summons and complaint, or an application for a posting order, unless a responsive pleading has been filed.

CRITICAL

Applies to: Claim for fees or expenses

A court-appointed attorney’s fee claim must itemize services, time, requested amounts, service dates, necessary expenses, and the total requested.

The claim must include an itemized statement of the services rendered, the time devoted to each service, the sum requested for each item of service, the date of service, the items and amounts of reasonably necessary expenses incurred, and the total amount requested by the attorney.

CRITICAL

Applies to: Writ of attachment application

An ex parte writ of attachment application must include a memorandum explaining why the application is not instead a request for a temporary protective order.

When application is made for an ex parte writ of attachment, the applicant must also submit a memorandum setting forth the reason why the application is not, instead, a request for a temporary protective order under Code of Civil Procedure §486.030.

CRITICAL

Applies to: Motion for augmentation correction or addition to record

These motions must identify each requested paper, record, or exhibit, or identify the requested transcript portion by subject, date, and department.

All such motions shall specifically identify each paper, record, or exhibit that is being requested and/or specifically identify, by subject, date, and department what portion of the proceedings before the trial court is being requested to be transcribed.

CRITICAL

Applies to: Case management conference statement

Not later than five (5) calendar days prior to every Case Management Conference (including Additional Case Management Conferences unless expressly excused by the Court), each party must file, and serve on all other parties, a fully-completed case management conference statement prepared on Judicial Council Form CM-110.

CRITICAL

Applies to: Source of bail hearing request

A request for a hearing on a Source of Bail Order must include a declaration or offer of proof identifying the bail agent and surety or depositor, the source and proposed payer of the premium, and the source and owner of the security or pledge and the property.

The request for hearing must be accompanied by a declaration or offer of proof setting forth the following: a. The identity of the bail agent and surety, or, if there is no surety, the depositor; b. The source of the bond premium, including name and address of any person proposing to pay said premium; and c. The source of the security or pledge, including the name and address of the owner, and description of the property.

CRITICAL

Applies to: Petition for probate

A copy of each will or codicil offered for probate must be attached to the probate petition.

When a petition for probate of will and/or codicil is filed, a copy of the document(s) being offered for probate must be attached thereto.

CRITICAL

Applies to: Proposed judgment
Must include: certificate of service

When the Court or California Rule of Court 3.1590 requires a proposed judgment, counsel must lodge it with the Clerk under the title “Proposed Judgment” and attach proof of service.

When required by the Court, or when Rule 3.1590 of the California Rules of Court requires a proposed judgment, counsel must lodge the proposed judgment with the Clerk. The proposed judgment must be entitled "Proposed Judgment" and must bear an attached proof of service indicating that a copy has been served upon all counsel and unrepresented parties.

CRITICAL

Applies to: Judgment

The body of the judgment must state every restraining order and its expiration date.

Any and all restraining orders must be stated in the body of the judgment and must include the date of expiration.

CRITICAL

Applies to: Probate order or decree

Counsel or a self-represented petitioner must prepare probate orders and decrees that are complete in themselves and state the specified hearing, findings, relief, and affected persons or property; attachments are permitted when the form allows them, unless the Court orders otherwise.

Counsel or the self-represented petitioner must prepare probate orders or decrees, unless otherwise ordered by the Court. All probate orders or decrees must be complete in themselves (i.e., they must be worded so that their general effect can be determined without reference to the petition on which they are based). Orders and decrees must set forth the date of hearing, the Court’s findings, the relief granted, and the names of persons, and descriptions of property or amounts of money, that are affected by the order, all with the same particularity as is required of judgments in civil matters. Some printed forms of orders or decrees are designed to permit the attachment of supplemental material. If such form is utilized, attachments will be permitted.

CRITICAL

Applies to: Ex parte application to shorten time

The Court may shorten time on an ex parte written application supported by a declaration demonstrating good cause.

The Court upon ex parte written application may grant an order shortening time, if the application is supported by a declaration demonstrating good cause.

CRITICAL

Applies to: Affidavit or declaration

Affidavits and declarations supporting a prove-up application must comply with CCP §§585 and 585.5.

Affidavits and declarations presented in support of a prove-up application must comply with the requirements of CCP §585 and §585.5.

CRITICAL

Applies to: Custody agreement

When the parties agree on custody and visitation terms, they must file a signed written agreement detailing those terms at least three court days before the hearing or trial.

If the parties agree on terms for custody and visitation of a minor child or children, they must file, not less than three (3) court days before the hearing or trial, a signed written agreement setting forth in detail its terms.

CRITICAL

Applies to: Income expense declaration

A self-employed party must attach a profit and loss statement for the preceding 12 months or another appropriate period, with detail at least equivalent to IRS Schedule C.

If the submitting party is self-employed, a profit and loss statement for the preceding twelve (12) months, or other appropriate time period that is at least as detailed as the IRS form Schedule “C”.

CRITICAL

Applies to: Proposed judgment

The proposed judgment must address spousal support for both parties, and the petitioner may request support, termination of jurisdiction, or reservation of jurisdiction as specified.

The petitioner must address the issue of spousal support for both parties in the proposed judgment. The petitioner may request that spousal support be ordered for either party, that the Court terminate its jurisdiction to award spousal support to either or both parties, or that the Court reserve jurisdiction to award spousal support in the future to either or both parties.

CRITICAL

Applies to: Petition for final distribution

The petition must list the names and current addresses of all affected persons and identify each as an adult or minor.

The names and current addresses of all persons who are affected by the petition. Each such person must be identified as an adult or a minor.

CRITICAL

Applies to: Petition to establish fact of death

A petition to establish the fact of death must be verified and include as exhibits a copy of any instrument relating to an interest in the property and a copy of the death certificate.

A petition to establish the fact of death (to terminate a joint tenancy or life estate) must be verified, and must have the following documents attached as exhibits: 1) a copy of any instrument relating to any interest in the property; and 2) a copy of the death certificate.

CRITICAL

Applies to: Accounting

When a guardian accounts for multiple wards in one proceeding, the accounting for each ward must be presented separately.

When a guardian accounts for the assets of more than one ward in the same proceeding, the accounting for each ward must be set forth separately.

CRITICAL

Applies to: Request to enter default

To seek a default judgment of dissolution, legal separation, or nullity, the petitioner must file a request to enter default with the original summons and completed proof of service unless previously filed.

To obtain a default judgment of dissolution, of legal separation [Family Code §2336], or for nullity [Family Code §2211], the petitioner must file a request to enter default, accompanied by the original summons and a completed proof of service of the summons (if not previously filed).

CRITICAL

Applies to: Record
Must include: caption, case number

The front page of a record exceeding 25 pages in a mandate or prohibition proceeding must bear the matter caption and case number.

If a proceeding in prohibition or mandate includes a record for the Court’s review that exceeds 25 pages, the record must be prepared for filing as follows: it must be copied onto double-sided pages, each page consecutively numbered, with two holes punched into the top margin and all pages fastened together, and the front page must bear the caption of the matter and the case number.

CRITICAL

Applies to: Petition for termination of probation

The listed Petition for Termination of Probation is designated mandatory.

MOD-6 2015 Petition for Termination of Probation (Mandatory)

CRITICAL

Applies to: Order to deposit funds

If the compromise order directs funds into a blocked account, the applicant must submit a separate Form MC-355 order to deposit the funds with the petition and approval order.

If the order approving the compromise includes an order for deposit of funds into a blocked account, the applicant must also submit to the Court, along with the petition and approval order, a separate order to deposit the funds, prepared on Judicial Council Form MC-355.

CRITICAL

Applies to: Formal judgment

A formal judgment must clearly state the full names of the parties and their legal capacities.

Clearly show the full names of the parties for whom and against whom the judgment is rendered, including their legal capacities as plaintiffs, defendants, cross-complainants and cross-defendants;

CRITICAL

Applies to: Confirming letter

The requesting party must send the Court a confirming letter by a method reasonably calculated to reach it before the originally scheduled hearing.

The requesting party must send a confirming letter by method reasonably calculated to reach the Court prior to the originally scheduled hearing.

CRITICAL

Applies to: Financial disclosure

When a financial matter is at issue, parties must timely and completely disclose relevant financial information to each other and the Court.

Parties must disclose to each other and to the Court all relevant financial information, in a timely and complete manner, whenever a financial matter is at issue.

CRITICAL

Applies to: Ex parte application

An ex parte application must include an affidavit or declaration with a sufficient factual basis, and that writing may not be supplemented by verbal statements.

Orders will be issued ex parte only if the application is accompanied by an affidavit or declaration adequate to support its issuance under Family Code Section 6300 and Code of Civil Procedure Section 527. If the affidavit or declaration does not contain a sufficient factual basis for a requested order, it will not be granted. Counsel and unrepresented parties will not be permitted to augment affidavits or written declarations by verbal statements.

CRITICAL

Applies to: Proposed order response

The opposing party must promptly approve the proposed order or object and state alternative language.

The opposing party must either promptly approve or object to the proposed order, stating alternative proposed language.

CRITICAL

Applies to: Fax filing

A document submitted for fax filing must have “By Fax” immediately below its title.

Each document transmitted for fax filing shall contain the phrase “By Fax” immediately below the title of the document.

CRITICAL

Applies to: Photograph

Each photograph submitted to the Mediator must have its date and location, photographer, and a short description typed or written below it.

All photographs submitted to the Mediator must be photocopied on 8–1/2 x 11-inch white paper with the following information typed or written below each photograph: the date and location at which the photograph was taken, by whom it was taken, and a short summary of what the photograph depicts.

CRITICAL

Applies to: Notice of change of address

A conservator must notify the Court of a residence change by filing a notice of change of address with the Clerk.

The conservator must notify the Court of any change of the conservatee's residence, within thirty-days (30) of the conservatee's move, by filing a notice of change of address with the Clerk of the Court.

CRITICAL

Applies to: Declaration

The declaration submitted before the hearing must describe notice efforts or facts supporting why notice was impossible or detrimental.

At least four (4) business hours before the hearing is conducted, the applicant must submit a declaration to the Court setting forth the facts relating to the efforts to give such notice, if any, or facts supporting the conclusion (a) that it was impossible to give such notice, or (b) that giving such notice would be detrimental to the estate and the persons interested in it.

CRITICAL

Applies to: Supporting declaration

A request to shorten time for service or hearing must include a declaration showing good cause why the matter cannot be heard on regular notice.

A request for an order shortening time for service [CCP §1005] or for hearing will not be granted unless supported by a declaration demonstrating good cause why the matter cannot be heard on regular notice.

CRITICAL

Applies to: Proposed judgment submission

The moving party must submit an original and two copies of the Notice of Entry of Judgment form with the proposed judgment and required forms, and the petitioner must submit two prepaid first-class envelopes addressed to the parties.

The moving party must submit, together with the proposed judgment and any forms required above, an original and two (2) copies of the form “Notice of Entry of Judgment”. Petitioner must also submit two (2) first-class envelopes, postage prepaid, addressed to the parties as listed on the notice of entry of judgment.

CRITICAL

Applies to: Settlement conference statement

Parties must lodge and serve a brief statement of the case's facts and law no later than five calendar days before the settlement conference.

No later than five (5) calendar days prior to the date fixed for the settlement conference, the parties must lodge with the Court, and must serve upon all other parties, a brief statement of the facts and the law of the case.

CRITICAL

Applies to: Ex parte application

Counsel or an unrepresented party must complete and submit a Declaration re Notice with specified Family Code and other listed ex parte applications or petitions.

3. For ex parte applications made pursuant to any provision of the Family Code, or for petitions for temporary guardianship pursuant to Probate Code §2250, or for petitions pursuant to Code of Civil Procedure §§527.6, 527.7, or 527.8, a "Declaration re Notice" must be completed by counsel or unrepresented party, and submitted along with the ex parte application.

CRITICAL

Applies to: Final report and account

When a proceeding ends because the ward or conservatee died, the final report and account must allege either that the required death notice was given or that no notice is required.

Upon termination of a proceeding due to the death of the ward or conservatee, the final report and account must contain either an allegation that notice of said death was provided to the Director of Health Services (as required by Probate Code §215) or an allegation that no such notice is required.

CRITICAL

Applies to: Petition for final distribution

The petition must allege compliance with Probate Code §9202 or allege a stated basis why notice is unnecessary or the Director of Health Services cannot make a claim.

An allegation of compliance with Probate Code §9202 (notice of death to the Director of Health Services), or an allegation that notice is not required because decedent did not receive Medi-Cal services, or an allegation that no claim can be made by the Director of Health Services because decedent a. died before June 28, 1981; b. was under age 65; or c. was survived by a spouse, minor child, or disabled child.

CRITICAL

Applies to: Application for service by publication

An application for service by publication must be submitted to the Clerk for ex parte approval and supported by declarations describing the search efforts and demonstrating due diligence.

Applications for service by publication must be submitted to the Clerk of the Court for ex parte approval by a judicial officer, and must be supported by one or more factual declarations describing all efforts to locate the other party. The Court will not grant the application unless it appears from one or more supporting declarations that the petitioner has exercised all due diligence in attempting to locate the other party.

CRITICAL

Applies to: Petition

For a tax withdrawal, submit the applicable tax returns with the petition separately, without attaching them, and mark them confidential.

If the application is for payment of taxes on the minor's funds, copies of the applicable tax returns must be submitted with the petition, but must not be attached to the petition, and must be marked "confidential".

CRITICAL

Applies to: Petition for final distribution

The petition must state facts showing each heir's entitlement, 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.

CRITICAL

Applies to: Court filing

Do not attach tax returns to any other pleading, form, or document submitted to the Court.

Tax returns must not be attached to any other pleadings, forms, or documents submitted to the Court.

CRITICAL

Applies to: Petition for final distribution

The petition must include a schedule showing any proration of taxes, fees, and costs.

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

CRITICAL

Applies to: Modified jury instruction

A modified jury instruction must be marked to show the modification, and a copy of the modified instruction must be provided to the trial judge.

carry a notation that there has been a modification thereto, and a copy of the instruction, as modified, must be provided to the trial judge.

CRITICAL

Applies to: Ex parte petition for modification of sentence

The listed Ex Parte Petition for Modification of Sentence is designated mandatory.

MOD-10 2015 Ex Parte Petition for Modification of Sentence (Mandatory)

CRITICAL

Applies to: Petition

A petition seeking reimbursement for an already-paid expense must include proof of payment, such as a canceled check or receipt.

If the request is for reimbursement for an expense already paid, then proof of payment (i.e., cancelled check or receipt) must be attached to the petition.

CRITICAL

Applies to: Supporting declaration

On a subsequent application for the same or a similar order after an ex parte motion was denied, partly denied, or granted conditionally or on terms, the applicant must declare the details and disposition of the prior motion and any new facts claimed.

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

CRITICAL

Applies to: Petition for probate

If the sole trustee is also the estate’s personal representative, the petition must list the individual trust beneficiaries.

if a sole trustee is also the personal representative of the estate, the individual beneficiaries of the trust must be listed in the petition

CRITICAL

Applies to: Petition

The insurance quote must show the required coverage level, and the petition must identify who will pay for the insurance.

The quote must show that the minimum public liability coverage equals or exceeds the funds that will remain on deposit after the purchase, and the petition must identify the person or persons who will pay for the insurance.

CRITICAL

Applies to: Discovery request response

A response to a specific discovery request must be in writing and state when and where the requested material will be available.

Any response to a specific request also must be in writing and must state the date, time, and location of availability.

CRITICAL

Applies to: Probate pleading

Probate pleadings must be executed and verified as required by the cited Probate Code and Probate Rules provisions.

Probate pleadings must be executed and verified as required by Chapter 2 of Division 3 of the Probate Code (commencing with Section 1020) and Chapter 3 of the Probate Rules of Court (commencing with Rule 7.101).

WARNING

Applies to: Jury service excuse request

A hardship request must include the juror’s statement of facts describing the hardship and why deferral cannot avoid it.

The request must be supported by the juror’s statement of facts, specifying the hardship and explaining why the circumstances constituting the hardship cannot be avoided by deferral of service.

WARNING

Applies to: Application for appointed counsel

A parent or guardian seeking appointed counsel must make an oral request in open court or an oral or written request to the Clerk of the Court.

Applications by parents and guardians who seek appointed counsel in dependency proceedings must be presented by oral request in open court, or by oral or written request to the Clerk of the Court.

WARNING

Applies to: Ex parte application

Rules 3.1200-3.1207 of the California Rules of Court govern ex parte matters in general civil law & motion proceedings, and ex parte matters in family law discovery and probate discovery proceedings, CRC Rule 3.1100. Unless otherwise specified, the provisions of this Local Rule 3.03 apply to all other ex parte matters. Note: For those matters that are governed by CRC Rules 3.1200-3.1207, the ex parte applicant must comply with the requirements of Part 3.03.C, below, concerning calendaring the ex parte matter with, and submission of papers to, the Superior Court.

WARNING

Applies to: Family code 3111 evaluation questionnaire

The court-appointed evaluator may require parties who are participating in a Family Code §3111 evaluation to complete a questionnaire.

WARNING

Applies to: Updated statement of issues and contentions

A trial continuance is governed by the Local Civil Rules and may result in rescheduled conferences or a requirement to file and serve an updated statement before the new trial date.

Continuances of trial dates are subject to the Local Civil Rules relating to the continuances of civil trials. Any continuance so granted may be subject to rescheduling by the Court of any settlement or other pre-trial conference, and to the requirement of an updated statement of issues and contentions, to be filed and served prior to the new trial date in accordance with these Rules.

WARNING

Applies to: Stipulated extension

Where stipulated extensions are permitted under the cited CRC rules, they must be in writing and filed promptly with the Court.

To the extent that stipulated extensions are permitted pursuant to CRC Rule 3 2.100-2.119, they must be in writing and filed promptly with the Court.

WARNING

Applies to: Trial statement or response

Counsel must attach the relevant Kelley’s Blue Book pages or web pages relied upon to the trial statement or response.

Copies of the appropriate pages of the Blue Book (or Web pages) relied upon by counsel must be attached to the trial statement or response thereto.

WARNING

Applies to: Court letter

Either party may ask the Court by letter to resolve an order-accuracy dispute, identifying the disputed portions of the proposed order.

If there is a disagreement between the parties concerning the accuracy of the order, either party may ask the Court, by letter, to resolve the disagreement by reference to the portion(s) of the proposed order that are the subject of disagreement.

WARNING

Applies to: Probate account

Required matters other than the details of receipts and disbursements may not be waived.

No other required matters may be waived.

WARNING

Applies to: Request for mutual restraining orders

The Court may consider mutual restraining orders only if the parties requesting them have complied with Family Code section 6305.

The Court may consider a request for mutual restraining orders, but only in the case where the parties requesting the orders have complied with Family Code §6305.

WARNING

Applies to: Judgment

Judgments with exhibits are discouraged and may not be accepted; if accepted, they must provide for the judge’s signature at the end of the attached exhibit.

Judgments that have exhibits are discouraged and may not be accepted. If such judgment is accepted, there must be a place for signature of the judge at the end of the attached exhibit.

WARNING

Applies to: Verified petition

The court may, in its discretion, approve payment of an unfiled claim if the accounting shows compliance with Probate Code §9154 and the request is supported by appropriate verified-petition allegations or open-court testimony.

Even if a claim has not been filed, the Court may approve payment of a debt if the accounting shows that such payment was made in compliance with the requirements of Probate Code §9154. Such approval is discretionary with the Court, and must be justified by appropriate allegations in a verified petition or by testimony in open court, Estate of Sturm (1988) 201 Cal.App.3rd 14.

WARNING

Applies to: Declaration

The plaintiff need not appear at the ex parte prove-up hearing if a declaration is submitted under Code of Civil Procedure sections 585(b) and (d).

Plaintiff’s appearance will not be required if a declaration is submitted pursuant to Code of Civil Procedure §§ 585(b) and (d).

WARNING

Applies to: Accounting waiver

A detailed accounting may be waived only with written consent from all persons having a valid interest, and only waivers given by competent adults are effective.

A detailed accounting may be waived when all persons having a valid interest in the matter have consented in writing. Only waivers given by competent adults are effective.

WARNING

Applies to: Telephonic appearance notice

appearance will be telephonic should be sent to the Court in writing prior to the hearing.

WARNING

Applies to: Proposed order submission

If the responsible party fails to prepare the order, the other party may prepare and send it directly to the Court without opposing counsel's approval, with a cover letter stating why this section applies.

If the party who is required to prepare the order pursuant to Rule 3.07.A fails to do so, then the other party may prepare the order. The order may then be sent directly to the Court, without the approval of opposing counsel, along with a cover letter to the Court stating the applicability of this section.

INFO

Applies to: Summary of account

Probate Code section 1061 provides a suggested form for a summary of account.

A suggested form of summary of account is set forth in Probate Code §1061.

INFO

Applies to: Child advocate appointment request

A child-advocate appointment request may be made orally or by written application in open court, ex parte by an interested person, or on the Court’s own motion.

A request for appointment of a child advocate in dependency proceedings may be made orally or by written application in open court, or ex parte by any interested person, or by the Court on its own motion.

INFO

Applies to: Simplified financial declaration

In appropriate cases, the Court may accept a Simplified Financial Declaration instead of an I&E for child support calculations.

The Court will accept a Simplified Financial Declaration form in lieu of an I&E for child support calculations in appropriate cases.

INFO

Applies to: Representation complaint

A party may submit a representation complaint or question in writing to the Presiding Judge if the party lacks appointed representation or the issue remains unresolved after referral.

If the party was not represented by an appointed agency, attorney, or law firm, or if the issue remains unresolved after referral to the appointed agency, attorney or law firm, the party may submit his/her complaint or question, in writing, to the Presiding Judge of the Superior Court.

INFO

Applies to: Paper citing authority

Counsel may attach copies of California authorities when doing so would assist the Court and opposing counsel.

Counsel may also attach copies of California authorities if doing so will assist the Court and opposing counsel.

INFO

Applies to: Affidavit or declaration

A holographic instrument may be proved by an affidavit or declaration stating the foundation for the declarant’s belief that the handwriting is the decedent’s.

Holographic instruments may be proved by an appropriate affidavit or declaration setting forth the foundation upon which the declarant bases his/her statement that the handwriting is the decedent’s.

INFO

Applies to: Support calculation

Parties should submit a printout of their own calculations for the Court to consider when deciding support issues.

Parties should submit a printout of their own calculations to the Court to consider when support issues are to be decided.

INFO

Applies to: Jury instructions

Additional proposed instructions on evidentiary questions not disclosed by the pleadings may be delivered to the trial judge and served on the opposing side before argument begins.

Thereafter, but before commencement of argument, any additional proposed instructions upon questions developed by the evidence and not disclosed by the pleadings may be delivered to the trial judge and served upon the opposing side or sides.

INFO

Applies to: Responsive pleading

A responding party may request alternative relief in responsive pleadings without filing a separate order to show cause or motion.

A responding party may request alternative relief in the responsive pleadings, without filing a separate order to show cause or motion. (Family Code §213.)

INFO

Applies to: Will or codicil

In an uncontested will proceeding, a will or codicil with an attestation clause signed under penalty of perjury is self-proving and may be admitted without proof by affidavit or declaration.

In uncontested will proceedings, if the attestation clause of the testamentary instrument is signed under penalty of perjury, then the will or codicil is deemed to be self-proving and can be admitted to probate without proof thereof by affidavit or declaration.

Common questions about Modoc Superior Court document filing requirements

What must be included with petition filings in Modoc Superior Court?

Judge Wendy J. Dier: A petition for withdrawal must include the parent or parents’ financial declaration, except when the withdrawal is for taxes.

View rule Official source Source: page 83, section Rule 14.14, Parental Responsibilities; Withdrawals for the Payment of Taxes

8 more rules answer this question.

What must be included with petition for final distribution filings in Modoc Superior Court?

Judge Wendy J. Dier: For each rejected claim, the petition must state the rejection date, and the original rejection notice with an affidavit of mailing to the creditor must be filed.

View rule Official source Source: page 77, section 14.07 Required Matters in a Petition for Final Distribution; A.6

21 more rules answer this question.

What must be included with ex parte application filings in Modoc Superior Court?

Judge Wendy J. Dier: An applicant for an ex parte order must disclose if the requested order would change the status quo.

View rule Official source Source: page 19, section Change of Status Quo

10 more rules answer this question.

What must be included with petition for probate filings in Modoc Superior Court?

Judge Wendy J. Dier: The petition for probate or letters of administration must list all contingent heirs, devisees, and legatees.

View rule Official source Source: page 75, section 14.05 D.1.c

6 more rules answer this question.

What must be included with declaration for default filings in Modoc Superior Court?

Judge Wendy J. Dier: When requesting custody, visitation, or support orders in a default proceeding, the moving party must provide the specified separation, custody, contact, visitation, and support information in the default declaration or its attachments.

View rule Official source Source: page 67, section 13.07(A)(3)

1 more rule answers this question.

What must be included with electronic filing cover sheet filings in Modoc Superior Court?

Judge Wendy J. Dier: The rule requires page count. Each electronic filing must include a cover sheet identifying the court and its contact details, the filing party's contact information, the submission date and document, and the total page count.

View rule Official source Source: page 105

Related categories

Back to all rules for this court

Page & Word Limits

Maximum page counts and word limits for motions, briefs, and other filings by judge.

Courtesy Copy Requirements

When and how to deliver courtesy copies to chambers, including triggers, timing, and formatting.

Electronic Filing Rules

Electronic filing requirements, permitted filing channels, EFSP portals, and exceptions.

Filing Timing and Cure Windows

Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.