Monterey Superior Court Document Filing Requirements

Applies to

Motion or brief

The caption page of every motion and brief must state that the matter has been deemed complex and assigned for all purposes to a Complex Litigation Judge.

All motions and briefs shall conform to California Rules of Court, including rule 3.1113, and indicate on the caption page that this matter has been deemed Complex and is assigned for all purposes to a Complex Litigation Judge.

Applies to

Case management conference statement

The Case Management Conference Statement must be a detailed prose document, not the standardized Judicial Council form, and must address the listed case status, discovery, settlement, meet-and-confer, motion, trial-date, related-case, and court-ruling or scheduling topics.

The Case Management Statement must not be the standardized Judicial Council form. It must be in prose and detail. The Case Management Statement must include the following: a. Status of Pleadings; b. Status of Discovery; c. Status of Settlement or Mediation; d. Conclusions reached after meet and confer on all matters set forth in CRC Rule 3.750 and Rule 3.724(8); e. Anticipated motions; f. Realistic and timely trial date; if a trial date cannot presently be set, state the reasons and propose a realistic next case management conference date. g. Notice of any related case. Cases considered "related" are those that arise out of the same or similar fact situations, the same transaction, occurrence, or series of transactions or occurrences as the cause of action which the plaintiff alleges in this complaint. For example, in a class action wage and hour case, the Court must be informed if a named party is currently litigating a case involving other wage and hour allegations. h. Any other matters for which the parties may need Court rulings or scheduling.

Applies to

Stipulation

Before filing a motion, the parties must complete a standard form stipulation to use the Program.

Before a motion has been filed, parties shall complete a standard form stipulation to use the Program.

Applies to

Stipulation

Any discovery-dispute resolution reached through pre-filing facilitation must be memorialized in a stipulation filed with the court.

If a resolution is reached, it will be memorialized in a stipulation that will be filed with the Court.

Applies to

Stipulation and order

For a pending discovery motion, parties using the Program must prepare a stipulation and order continuing the hearing and setting the new briefing schedule.

If the parties elect to use the Program with respect to a pending discovery motion, they shall prepare a stipulation and order continuing the scheduled hearing date on the motion and setting a briefing schedule dictated by the new Court hearing date.

Applies to

Stipulation

Any resolution of all or part of a discovery dispute reached through post-filing facilitation must be memorialized in a stipulation filed with the court.

If the parties reach a resolution on all or some of the issues, the agreement shall be memorialized in a stipulation to be filed with the Court.

Applies to

Stipulation

A resolution reached through involuntary Program participation must be memorialized in a stipulation filed with the court at least seven court days before the Law and Motion hearing.

the agreement shall be memorialized in a stipulation to be filed with the Court at least seven (7) court days before the scheduled Law and Motion hearing date.

Applies to

Proof of insurance

Proof of adequate property insurance coverage identifying the County of Monterey on the policy must be attached to the motion.

Proof of insurance coverage for the property. The insurance coverage must have an adequate amount of coverage to cover all encumbrances and must show the County of Monterey on the insurance policy.

Applies to

Settlement conference statement

A settlement conference statement must separately list community and separate debts and identify each creditor, the debt date, current balance, payment terms, and any security.

e. Current Obligations. Separately list all debts and obligations of the parties which constitute liabilities of the community and debts and obligations which are the separate liabilities of the respective parties. Specify the identity of the creditor, the date upon which the debt was incurred, the balance currently due, the terms of payment and the security, if any, held by the creditor.

Applies to

Settlement conference statement

A settlement conference statement must include settlement proposals concerning custody, visitation, property and liabilities, reimbursements, credits, costs, attorney’s fees, and each party’s position on child and spousal support.

f. Proposal for Settlement. Set forth a proposal for settlement, including proposals regarding custody, visitation, division of the community property and liabilities, reimbursements, credits, payment of costs, and payment of attorney’s fees. In addition, specify each party’s contentions as to the amount and duration of child and spousal support.

Applies to

Disclosure declaration

Each party must file a declaration verifying service of a preliminary disclosure of assets, liabilities, and income.

A declaration regarding service of a preliminary declaration of disclosure shall be filed by each party verifying that there has been an exchange of information regarding assets, liabilities and income as required in Family Code sections 2100 – 2110.

Applies to

Fact based inquiry appointment order

The order appointing the Family Court Liaison must state the inquiry's purpose, scope, and the date the report must be filed.

The court order appointing the Family Court Liaison for a Fact-Based Inquiry shall state the purpose and scope of the Fact-Based Inquiry and the date the report shall be filed with the court.

Applies to

Fact based inquiry report

The Fact-Based Inquiry report must be written and distributed to the court, counsel, and parties before the hearing through Family Court Services.

The report shall be in writing and shall be distributed to the court, all counsel, and to the parties prior to hearing. All written reports shall be distributed to the parties by Family Court Services.

Applies to

At issue memorandum

Before or concurrently with the At-Issue Memorandum, each petitioner and respondent must comply with Family Code section 2104(a) and file Judicial Council form FL-141.

Petitioner and respondent must have complied with Family Code section 2104, subdivision (a), and, prior to, or concurrently with, submission of the At-Issue Memorandum, must have filed a Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration. (Judicial Council form FL-141.)

Applies to

Request for order

If the other party did not file the required disclosure declaration, the submitting party must file Judicial Council form FL-300 regarding noncompliance before or concurrently with the At-Issue Memorandum.

If the non-submitting party has failed to file a Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration, the submitting party must demonstrate compliance with Family Code section 2107 by: 1. Filing a Request for Order (Judicial Council form FL-300) regarding non-compliance with disclosure requirements prior to or concurrently with the At-Issue Memorandum.

Applies to

Notice of sale

Published notice of a real-property sale is required unless the will specifically grants the executor authority to sell without notice.

Unless a will specifically grants an executor, as distinguished from an administrator with will annexed, the authority to sell without notice (Probate Code section 10303), a publication of notice of sale of real property is required.

Applies to

Trial management report

The Trial Management Report must include a list of all proposed exhibits.

The Report shall include a list of all proposed exhibits.

Applies to

Witness list

An undesignated witness generally may not testify without a showing of good cause explaining why the witness was not timely designated, but impeachment witnesses are excepted.

No witness, except a witness for purposes of impeachment, who has not been designated as a witness in the list above shall be allowed to testify except on a showing of good cause, to include, but not be limited to, a showing of why that witness was not so designated.

Applies to

Elisor appointment application and proposed order

An elisor application and proposed order must designate the Clerk of the Superior Court or the Clerk’s designee as the elisor.

When applying for the appointment of an elisor, the application and proposed order must designate “The Clerk of the Superior Court, County of Monterey or the Clerk’s Designee” as the elisor.

Applies to

Elisor appointment application

An elisor appointment application must be made by filing a Notice of Motion, Order to Show Cause, or Request for Order.

An application for appointment of an elisor shall be made by filing an appropriate pleading (Notice of Motion, Order to Show Cause or Request for Order).

Applies to

Elisor appointment pleading

The pleading for an elisor appointment must attach a sample copy of the documents the elisor will sign.

The pleading shall have as an attachment, a sample copy of the document(s) to be signed by the elisor.

Applies to

Elisor appointment supporting declaration

The supporting declaration must state specific facts establishing that appointment of an elisor is necessary.

The declaration supporting the application must include specific facts establishing the necessity for the appointment of an elisor.

Applies to

Proof of service

The Proof of Service must state the date on which the document was originally served in open court.

In addition, the Proof of Service must reference the date the document was originally served in open court.

Applies to

Opposition to remote proceeding

Opposition to a remote evidentiary hearing or trial must be timely filed and served using Judicial Council form RA-015.

Any opposition to a remote proceeding shall be filed and served using the Opposition to Remote Proceeding at Evidentiary Hearing or Trial (Judicial Council Forms, form RA-015) consistent with California Rules of Court, rule 3.672(h)(3).

Applies to

Opposition to remote proceedings

Must include

local rule certificate

Opposition to a remote evidentiary hearing or trial must be filed and served using Judicial Council Form RA-010.

Any opposition to a remote proceeding shall be filed and served using the Opposition to Remote Proceedings at Evidentiary Hearing or Trial (Judicial Council Forms, form RA-010) consistent with California Rules of Court, rule 3.672(h)(3).

Applies to

Trial brief

In contested juvenile dependency matters, parties must file trial briefs at least one week before the hearing or according to the court’s briefing schedule, unless the court gives prior approval for an exception.

In all contested juvenile dependency matters, parties must file trial briefs at least one (1) week prior to the hearing or per the briefing schedule set by the court. Any exceptions to this rule must be with prior approval of the court.

Applies to

Certification of competency

An attorney making a first appearance in a dependency matter must submit a Certification of Competency within 10 days.

Any attorney appearing in a dependency matter for the first time shall complete and submit a Certification of Competency to the court within ten (10) days of the attorney’s first appearance in a dependency matter.

Applies to

Renewal certificate of competency

A renewal Certification of Competency must include evidence of at least eight hours of dependency-related continuing training or education completed since the prior certification.

The attorney shall attach to the renewal Certification of Competency evidence that the attorney has completed at least eight (8) hours of continuing training or education directly related to dependency proceedings since the attorney was last certified.

Applies to

Notice

A person giving notice must state the interest or right to be protected, the relevant agency or judicial forum and address if known, and the nature of related proceedings.

B. The person giving notice shall set forth the nature of the interest or right that needs to be protected or pursued, the name and address, if known, of the administrative agency or judicial forum in which the right or interest may be affected, and the nature of the proceedings being contemplated or conducted there.

Applies to

Certificate

The certifying person states that they meet the juvenile-court practice standards and have completed the listed minimum training, education, and/or experience requirements.

I hereby certify that I meet the minimum standards for practice before a juvenile court as set forth in California Rules of Court, rule 5.660, and Monterey County Superior Court Local Rules, and I have completed the minimum requirements for training, education and/or experience as set forth below.

Applies to

Pleading or declaration

Must include

caption

Except for Judicial Council forms, separately filed pleadings and declarations must state the hearing date, time, and place in the caption, and petition captions must describe all relief sought.

With the exception of Judicial Council forms, all separately filed pleadings and declarations must include in the caption, the date, time, and place of hearing. The calendar department of the court is not required to read the body of the petition or the prayer to determine the adequacy of the pleading. The caption of petitions must be all-inclusive as to the relief sought in the petition so that the matter may be properly calendared and posted, and filing fees, if any, determined.

Applies to

Document

Must include

case number

After consolidation of related probate matters, every document must use the case number of the controlling file bearing the lowest number.

Whenever it appears that two (2) or more petitions with different case numbers have been filed involving the same matter or proceeding, the court will, on its own motion at the earliest opportunity, consolidate all of the matters into the file bearing the lowest number. All documents filed after consolidation must bear the case number of the controlling file.

Applies to

Hearing notice

A petitioner filing a petition or other paper requiring a hearing must submit a notice of hearing; if no hearing has been scheduled, the date may be left blank for the clerk to complete.

When filing a petition or other paper requiring a hearing, submit a notice of hearing. If a hearing has not been scheduled, the petitioner shall leave the space for the date blank. The clerk will fill in the next available date on the document, unless the date requested in the e-filing comment is available. Petitioner may request a particular date when submitting the documents.

Applies to

Probate order

Probate orders must identify the presiding judge, hearing date, and department, and must include the case name and number in a footer or header on every page.

Orders shall contain the name of the judge presiding, the date of hearing and the department. All pages of the order shall include the case name and number in a footer or header.

Applies to

Motion to withdraw

If no substitution of attorney has been filed, counsel seeking to withdraw as counsel of record in a probate proceeding must file and serve a motion to withdraw under California Rules of Court, rule 3.1362.

When a substitution of attorney is not filed, counsel wishing to withdraw from a probate proceeding as counsel of record must file and serve a motion to withdraw in accordance with California Rules of Court, rule 3.1362.

Applies to

Probate order

Probate orders must stand on their own and fully describe all matters decided, relief granted, affected persons, affected property, and affected monetary amounts.

All orders in probate matters must be complete in themselves. They shall set forth, with the same particularity required of judgments in civil matters, all matters actually passed on by the court, the relief granted, the names of any persons affected, the descriptions of any property affected and the amounts of any money affected.

Applies to

Successor conservator asset receipt

A receipt executed by the successor conservator acknowledging receipt of the assets shown in the final account's “Assets on Hand” must be filed before the predecessor is discharged.

The filing of a receipt, executed by the successor conservator, acknowledging delivery and receipt of the assets as reflected in the "Assets on Hand" in the final account; and

Applies to

Spousal or domestic property petition

A qualifying spousal or domestic property petition must state the marriage date, property-acquisition timing and funding source, legal title at death, and attach a signed transmutation document when post-December 31, 1984 transmutation is alleged.

A spousal or domestic property petition that seeks a determination of the community or quasi- community property character of property must contain the following information if the decedent’s last will does not leave all property to the surviving spouse or if the surviving spouse is not the sole intestate heir: A. The date of marriage; B. A description of whether the property that is the subject of the petition was acquired prior to or during marriage, and the source of the funds used to acquire the property; C. A statement concerning the legal title to the real property at the decedent’s date of death; and D. If the petition alleges the character of property was transmuted after December 31, 1984, a written, signed copy of the transmutation must be attached to the petition.

Applies to

Petition to compromise claim

A Judicial Council MC-350 petition to compromise a minor’s or incompetent’s claim must state jurisdictional facts, the payment amount and payer, requested cost or fee disbursement, and request deposit of remaining proceeds in a blocked account at a federally insured financial institution, with receipts filed.

A petition to compromise the claim of a minor or incompetent (Judicial Council form MC-350) will be heard in the civil department. The petition must set forth jurisdictional facts and state the amount to be paid, by whom, and what disbursement for costs and/or fees is requested. The petition must also request the deposit of the balance of the proceeds in a blocked account in a federally insured bank, credit union, or savings and loan association in the manner provided by law, with receipts filed.

Applies to

Order approving compromise

An order approving compromise must direct payment of costs and fees and require remaining funds to be paid jointly to the proposed trustee and the financial institution.

B. Order. The order approving compromise (Judicial Council form MC-351) shall provide for the person or entity holding funds to make a check payable to the person or persons entitled to costs and fees and shall provide for the issuance of a check for the remaining funds made payable to the proposed trustee AND the bank, credit union, or savings and loan association.

Applies to

Order to deposit into blocked account

A separate order directing deposit of money into a blocked account must be submitted with the order approving compromise.

A separate order to deposit money into blocked account (Judicial Council form MC-355) shall be submitted contemporaneously with the order approving compromise.

Applies to

Receipt of deposit

The petitioner's attorney must ensure that funds are deposited according to the order and that receipts are filed.

C. Duty of Attorney. The attorney for the petitioner is responsible for assuring that the funds are deposited in accordance with the order and receipts filed.

Applies to

Receipt and acknowledgment of deposit

Judicial Council form MC-356 must be signed by a manager or assistant manager and filed with a business card.

1. The receipt and acknowledgment for deposit into blocked account (Judicial Council form MC-356) shall be signed by a manager or assistant manager and filed with a business card.

Applies to

Petition for probate

Each nominated trustee of a will-created trust must be listed as a beneficiary in the petition.

A. Nominated Trustee(s). The nominated trustee(s) of a trust created by a will must be listed as a beneficiary.

Applies to

Petition for probate

Individual trust beneficiaries must be listed and served with notice of the hearing if the trustee is also the estate representative or no trustee has been appointed.

If the trustee is also the estate representative or no trustee has been appointed, the individual trust beneficiaries must also be set forth and served with notice of hearing as set forth in Probate Code section 1208.

Applies to

Trust

When a will beneficiary is a trust trustee, the petitioner must file a copy of the trust as a separate confidential document.

B. If the beneficiary of a will is a trustee for a trust, then petitioner must file a copy of the Trust as a separate confidential document.

Applies to

Initial petition for personal representative

The initial petition for appointment of a personal representative must list the name and date of death of each pre-deceased child when that issue is alleged.

C. If there is an allegation in the petition for probate that there is an issue of a pre-deceased child, then include the name of the pre-deceased child(ren) and the date of death when listing all heirs of the Decedent in the initial petition seeking appointment of a personal representative.

Applies to

Petition for probate

The petition must list all contingent beneficiaries.

E. Contingent Beneficiaries. All contingent beneficiaries must be listed in the petition and are entitled to receive notice of the hearing.

Applies to

Declination to serve

A named executor's declination to serve must be written, verified under penalty of perjury, and filed with the court.

A. Declination of Named Executor. It is insufficient to allege that the person named in the decedent's will as executor declines to serve. A written declination to serve, verified under penalty of perjury by such person, must be filed with the court. (Code of Civil Procedure section 2015.5.)

Applies to

Consent to act

Each non-petitioning named executor must file a consent to act verified under penalty of perjury when a petition seeks letters for two or more executors.

B. Two or More Executors. If a petition for letters to be issued to two (2) or more executors is filed, and one (1) or more of the named executors is not a petitioner, each non-petitioning executor must file a consent to act, verified under penalty of perjury.

Applies to

Confidential statement of birth date and drivers license number

Every proposed personal representative must file Judicial Council form DE-147S.

The court requires all proposed personal representatives to file the Confidential Statement of Birth Date and Driver's License Number (Judicial Council form DE-147S) pursuant to Probate Code section 8404, subdivision (b).

Applies to

Creditor reporting

Known creditors contacted under Probate Code sections 9050 through 9054 must be listed regardless of whether they filed a claim against the estate.

Known creditors, contacted pursuant to Probate Code sections 9050 to 9054, inclusive, must be listed, whether or not such creditors filed a claim against the estate.

Applies to

Probate account

All accounts filed in probate proceedings must comply with Probate Code sections 1060 through 1064.

A. All accounts filed in probate proceedings shall comply with Probate Code sections 1060 through 1064.

Applies to

Nonfinal account

A nonfinal account with posted bond must include a separate paragraph stating the bond total, posting date, appraised personal-property value, estimated annual income, and any additional required bond.

In any account, other than a final account, where bond has been posted, there shall be included a separate paragraph setting forth the total bond(s) posted, the date posted, the appraised value of personal property on hand plus the estimated annual income from real and personal property and a statement of any additional bond required.

Applies to

Account report

An account report or waived-accounting report may not merely allege that all claims were paid; the personal representative must provide the information required by California Rules of Court rule 7.403.

It is not sufficient in reports accompanying accounts or in reports where an accounting is waived, to allege merely that all claims have been paid. The personal representative shall provide the information required in California Rules of Court, rule 7.403.

Applies to

Petition for discharge

If assets were received or expenses paid after the final-account period, the predecessor must attach a declaration to the discharge petition explaining the transactions and showing distribution of all remaining assets to the successor.

If any assets were received and/or expenses paid since the final account period, the predecessor conservator shall include with their petition for discharge a declaration explaining what assets were received and/or expenses paid following the final account period and showing that all remaining assets were distributed to the successor conservator.

Applies to

Final report

The creditor-claim allegations described earlier must be repeated in the final report even if they appeared in prior reports.

The foregoing allegations must appear in the final report even though they may have appeared in whole or in part in prior reports.

Applies to

Account report

When credit is taken for accrued interest paid on delayed funeral claims, the accompanying account report must make a specific allegation explaining the delay.

When accrued interest has been paid in connection with the delayed payment of claims for the reasonable cost of funeral expenses, a specific allegation must be made in the report accompanying the account in which credit for such payment has been taken. The allegation shall set forth reasons for any delay in making payment.

Applies to

Petition for distribution

A petition for distribution must describe in detail all distributable property, its individual and total values, and may not describe it merely by reference to the inventory.

The petition for distribution must list and describe in detail all property to be distributed, individual values and the total value. Description by reference to the inventory is not acceptable.

Applies to

Petition for distribution

The petition for distribution must list and describe in detail each beneficiary's specific share of all distributable property.

The petition for distribution must also list and describe in detail each beneficiary's specific share of all property to be distributed.

Applies to

Verified petition

Any discretionary approval of a paid debt without a verified claim must be justified by allegations in a verified petition.

Such approval, however, is discretionary with the court and must be justified by allegations in a verified petition.

Applies to

Petition for distribution

Every petition for distribution must state the name and present address of each affected person and whether the person is an adult or minor.

The names and present addresses of all persons who are affected by the petition, and whether they are adults or minors, must appear in any petition for distribution.

Applies to

Petition for distribution

Before distribution is authorized, the petition must show compliance with Probate Code section 9202 notice requirements for the three listed agencies or show that such notice is unnecessary.

Before the court will authorize distribution, there must be a showing of compliance with Probate Code section 9202 with regard to notice to the Director of Health Care Services, the Director of the California Victim Compensation Board, and the Franchise Tax Board, or a showing that the notice thereunder is not required.

Applies to

Petition for distribution

Every petition for distribution must include a claim schedule stating each claimant's name, amount claimed, presentation and allowance dates, amount allowed, and payment date when paid.

In any petition for distribution, a schedule of claims must be included as part of the petition, showing the name of the claimant, amount claimed, date presented, date allowed, the amount allowed, and if paid, the date of payment.

Applies to

Petition for distribution

For any rejected claims, the date of rejection must be stated, and the original notice of rejection must be provided.

As to any claims rejected, the date of rejection must be set forth, and the original of the notice of rejection

Applies to

Petition for distribution

A distribution petition must describe all independent acts, allege compliance with the 15-day notice requirement or explain why notice was unnecessary, and have the Notice of Proposed Action and affidavit of mailing on file, unless the acts and notices were previously reported.

In any petition for distribution, all independent acts taken without prior court approval shall be set forth and described, and an allegation made that the fifteen (15) day notice of proposed action was duly served and that no objections were received or that notice was not required. The "Notice of Proposed Action," with attached affidavit of mailing shall be on file with the court. If certain acts have been properly reported in a prior petition for distribution, and notices filed, they need not be reported again.

Applies to

Order for distribution

An order for distribution must state its full terms without requiring reference to the petition, will, or other documents.

An order for distribution shall be written so that the full extent of the order may be determined without reference to the petition on which it is based or to other documents, such as the will.

Applies to

Order for distribution

A distribution order must identify each beneficiary and describe that beneficiary's property in detail rather than merely incorporating the inventory or petition, subject to the attached-exhibit procedure in Local Rule 4.30.

A. The distribution of property by named beneficiary, with a detailed list describing the property to be distributed to each beneficiary. Description by reference to the inventory or petition is not acceptable. For distribution by reference to an attached exhibit, see Local Rule 4.30.

Applies to

Order for distribution

A distribution order must state the legal description and assessor parcel number for real property, together with its street address if there is one.

B. For real property, the legal description, assessor parcel number, and street address, if any, shall be stated.

Applies to

Order for distribution

When an intestate decedent who survived the spouse leaves no issue, the distribution order must allege the applicability of Probate Code sections 6402 and 6402.5 and perform all possible necessary tracing.

C. If an intestate decedent who survived their spouse leaves no issue, the applicability of Probate Code sections 6402 and 6402.5 must be alleged and the necessary tracing must be carried out as far as is possible.

Applies to

Beneficiary receipt

A beneficiary must personally sign the property receipt, unless an attorney-in-fact signed under a pre-existing power of attorney and a copy of that power is provided.

A beneficiary shall personally sign a receipt for property received. The court will not accept a receipt signed by an attorney-in-fact, except where there is a pre-existing power of attorney and a copy of the power of attorney is provided.

Applies to

Beneficiary receipt

A beneficiary's property receipt must itemize each asset's distribution value and state the total value of all property received.

A receipt for property received by a beneficiary shall be specifically itemized, giving the distribution value of each asset and the total value of all property received.

Applies to

Declaration regarding reserve funds

If receipts do not account for the entire reserve in a final distribution order, the filing party must submit a declaration explaining specifically how the reserve funds were spent.

If an order for final distribution includes a reserve and the receipts do not account for 100% of the reserve, then the party must submit a declaration explaining specifically how the reserve funds were expended.

Applies to

Petition

Petitioners must provide residential, work, email, and cell-phone contact information when applicable, and may file it confidentially.

Petitioners must provide information related to their personal residential address, home telephone number, work address, work telephone number, e-mail address, and cell phone number, if any. This information may be filed as a confidential document.

Applies to

Temporary letters of conservatorship or guardianship

Temporary conservatorship or guardianship letters must state an expiration date no later than the hearing on the permanent petition.

Temporary letters of conservatorship or guardianship must state an expiration date. This date shall not go beyond the date of the hearing on the permanent conservatorship or guardianship petition.

Applies to

Temporary letters of conservatorship or guardianship

When the permanent-proceeding hearing is continued, new temporary letters are issued after submission of an extension order and expire on the continued hearing date.

If the hearing on the permanent conservatorship or guardianship is continued, new letters will be issued upon submission of an order after hearing extending the temporary conservatorship or guardianship and shall expire on the continued date of the hearing.

Applies to

Order extending temporary conservatorship or guardianship

Orders extending temporary conservatorships or guardianships may not be submitted on Judicial Council forms GC-141 or GC-140.

Orders extending the temporary conservatorship or guardianship shall not be submitted on Judicial Council forms GC-141, Order Appointing Temporary Conservator, and GC-140, Order Appointing Temporary Guardian.

Applies to

Application for appointment of counsel

An application for appointed counsel must identify whether the public defender or private counsel is requested, and a public-defender request must establish that the conservatee or minor cannot financially employ counsel.

When requesting appointment of counsel pursuant to Probate Code sections 1470 or 1471, the application shall state whether the public defender or private counsel should be appointed. If requesting appointment of the public defender, the application or other documents in the file (e.g., fee waiver application and order) shall also establish that the conservatee or minor is not financially able to employ counsel.

Applies to

Proof at review hearing

At the four-month review hearing, the conservator or guardian must prove that an out-of-state conservatorship or guardianship proceeding has begun or been established, or that a transfer petition has been filed.

At the review hearing, the conservator or guardian shall show proof of: 1. Commencement or establishment of a conservatorship or guardianship proceeding in the other state; or 2. Commencement of a petition to transfer the conservatorship to the other state (Probate Code section 2001).

Applies to

Proposed order terminating proceeding

Must include

proposed order

After submitting proof that an out-of-state conservatorship or guardianship has been established, the conservator or guardian must submit a proposed order terminating the California proceeding.

Upon submission of proof of establishment of a conservatorship or guardianship in the other state, the conservator or guardian shall submit a proposed order terminating the proceeding in this state.

Applies to

Petition for substituted judgment

A substituted-judgment petition must include all known related estate-planning documents as a confidential supplement, and those confidential documents may be sealed.

Petitions requesting substituted judgment shall include as a confidential supplement all known estate planning documents related to the petition. Confidential documents may be sealed to maintain confidentiality.

Applies to

Petition for substituted judgment

A substituted-judgment petition must identify all intestate beneficiaries and state the nature and number of existing creditor claims against the conservatorship estate.

The petition shall include the names of all persons to whom property would pass by intestacy. The petition shall also include a statement of the nature and number of existing claims of creditors against the conservatorship estate.

Applies to

Probate conservator petition

A petition for appointment of a probate conservator of the person only must include a declaration explaining why a conservatorship of the estate is unnecessary.

A. For a petition for appointment of probate conservator of the person only, petitioner shall by declaration indicate why a conservatorship of the estate is not necessary.

Applies to

Probate conservator petition

When the estate conservatorship is said to be unnecessary because a trust exists, the petition must identify all trusts and amendments, the conservatee’s interest, and the trustee or successor trustee.

Where it is stated that a conservatorship of the estate is not necessary because the proposed conservatee has a trust, petitioner shall identify: 1. All trusts, including all amendments that may or may not have been revoked by the subsequent documents; 2. The proposed conservatee’s interest in the trust; and 3. The name of the trustee and/or successor trustee.

Applies to

Probate conservator petition

When the estate conservatorship is said to be unnecessary because powers of attorney exist, the petition must identify the named agent and provide a copy of the power of attorney.

Where it is stated that a conservatorship of the estate is not necessary because the proposed conservatee has executed powers of attorney, petitioner shall provide the identity of the named agent and a copy of the power of attorney.

Applies to

Probate conservator petition

The petition for appointment of conservator must be filed with the listed documents in addition to the Probate Code and California Rules of Court forms.

The following documents are required to be filed with the petition for appointment of conservator, in addition to forms required by the Probate Code and California Rules of Court, rules 7.1050 and 7.1051:

Applies to

Probate conservator petition

A referral to the court investigator using confidential Local Form CI-123 must be filed with the conservator appointment petition.

B. Referral to Court Investigator - Confidential (Local form CI-123).

Applies to

Probate conservator petition

The required Order Appointing Court Investigator, Judicial Council Form GC-330, must be directed to the appropriate investigator and have the appropriate boxes selected.

C. Order Appointing Court Investigator (Judicial Council form GC-330) directed to the appropriate investigator per the probate home page of the court’s website at www.monterey.courts.ca.gov/probate. The appropriate boxes on the order should be selected.

Applies to

Probate conservator petition

The Order Appointing Probate Conservator, Judicial Council Form GC-340, is required; parties are encouraged, but not required, to use optional Local Forms CI-146 and CI-147 for a limited conservatorship order when applicable.

E. Order Appointing Probate Conservator (Judicial Council form GC-340). For a limited conservatorship order, parties are encouraged to use optional Local forms CI-146 and CI-147, if applicable.

Applies to

Probate conservator petition

If the proposed conservatee is under an LPS conservatorship, the petition must include the case number, conservator’s name, and the LPS court’s findings regarding voting.

A. Petition Requirements. If a proposed conservatee is under an LPS conservatorship, the petition for appointment of probate conservator shall include the number of the case, the name of the conservator, and the LPS court's findings regarding voting.

Applies to

Conservator viewing receipt

Before Letters issue, the conservator must view the required video; unless the conservator is a licensed professional conservator, the conservator must execute and file Conservator Viewing Receipt, Local Form CI-134.

C. Before Letters shall be issued to the conservator of the person or estate, the conservator must view the video "With Heart: Understanding Conservatorship." Unless the conservator is a licensed professional conservator, they must execute and file the requisite acknowledgment of viewing, Conservator Viewing Receipt (Local form CI-134), required pursuant to Probate Code section 1457.

Applies to

Referral to court investigator

A Referral to Court Investigator – Confidential on Local form CI-123 is required in connection with the address-change notice; failure to comply may result in suspension or removal.

B. Referral to Court Investigator – Confidential (Local form CI-123). Failure to comply may result in suspension or removal.

Applies to

Court review accounting

At each court review, the estate conservator must file an accounting and petition for approval, and the person conservator must file a Confidential Status Report.

A. The conservator of the estate shall file an accounting and petition for its approval with each court review. The conservator of the person, if any, shall file a Confidential Status Report with each court review.

Applies to

Referral to court investigator

The estate conservator must file Local form CI-123 with each accounting.

D. The conservator of the estate shall file a Referral to Court Investigator – Confidential (Local form CI-123) with each accounting.

Applies to

Supporting financial documents

Supporting documentation for a conservator's accounting must be submitted with a Confidential Financial Documents Caption Sheet on Local form CI-126 and will be retained pending approval.

E. The supporting documentation lodged pursuant to Probate Code section 2620 and California Rules of Court, rule 7.565 will be retained by the court pending approval of the conservator's accounting. These documents shall be submitted with a Confidential Financial Documents Caption Sheet (Local form CI-126). Parties are to follow the instructions on the local form.

Applies to

Final accounting petition

The final-accounting petition must request authority for disposition of the assets.

A. No later than ninety (90) days after termination of the conservatorship of the estate, the conservator shall file a final accounting and petition for its approval. The petition shall request authority for disposition of the assets.

Applies to

Waiver of account application

A waiver-of-account application must be presented whenever an accounting would otherwise be due.

An application for waiver of account shall be presented each time an accounting would otherwise be due.

Applies to

Waiver of account application

A conservator filing a waiver-of-account application must also file a Confidential Status Report and Confidential Referral to Court Investigator, form CI-123.

Conservator shall also file: 1. A Confidential Status Report as required by Local Rule 4.101(A); and 2. A Referral to Court Investigator - Confidential (Local form CI-123).

Applies to

Verified trust summary

At each court review, a confidential verified summary must be filed showing the trust principal, the conservatee's beneficial interest, trust income generated for the conservatee, and the trustee's contact information.

At the time of each court review a verified summary showing the following shall be filed as a confidential document: 1. The principal amount of the trust estate; 2. A description of conservatee's beneficial interest in the trust; 3. The amount of income generated for the benefit of the conservatee, regardless whether distributed or applied to principal; and 4. The name, address, and telephone number of the trustee.

Applies to

Guardian appointment petition

A petition for appointment of guardians must be accompanied by Local form CI-130.

A. Petition for appointment of guardians shall be accompanied by a Confidential Declaration Regarding Household Members (Local form CI-130).

Applies to

Order appointing guardian of person

An order appointing a guardian of the person must include Local form CI-149, Attachment 15 (Person).

D. Order Appointing Guardian (Judicial Council form GC-240). When the court appoints a guardian of the person, the order must include mandatory Local form CI-149, Attachment 15 (Person).

Applies to

Order appointing guardian of estate

An order appointing a guardian of the estate must include Local form CI-150, Attachment 15 (Estate).

D. Order Appointing Guardian (Judicial Council form GC-240). When the court appoints a guardian of the person, the order must include mandatory Local form CI-149, Attachment 15 (Person). When the court appoints a guardian of the estate, the order must include mandatory Local form CI-150, Attachment 15 (Estate).

Applies to

Guardian accounting

A guardian's accounting for multiple minor wards must account for each minor separately.

A. Multiple Wards. When a guardian accounts for the assets of more than one (1) minor, the accounting for each minor must be set forth individually.

Applies to

Guardian accounting supporting documentation

Supporting guardian-accounting documents must be submitted with Confidential Financial Documents Caption Sheet Local form CI-126 and follow that form's instructions.

B. The supporting documentation lodged pursuant to Probate Code section 2620 and California Rules of Court, rule 7.575 will be retained by the court pending approval of the guardian's accounting. These documents shall be submitted with a Confidential Financial Documents Caption Sheet (Local form CI-126). Parties are to follow the instructions on the local form.

Applies to

Confidential guardianship status report

A guardian of the person must file a completed Judicial Council form GC-251 status report every year as directed by the court.

Each guardian of the person shall file with the court a completed Confidential Guardianship Status Report (Judicial Council form GC-251) every year, as directed by the court.

Applies to

Confidential guardianship status report

Each annual guardianship status report must include current doctor and dentist notes, report cards, and school attendance records for each minor.

The status report shall include a current note from the doctor and dentist confirming the minor was seen within the past twelve months, as well as current report cards and school attendance records covering a 12- month period for each minor.

Applies to

Confidential guardianship status report

After approval and transmission of a new status report, the guardian must file the next report by the deadline stated in the approving order.

The guardian must then file the next status report by the deadline stated in the order.

Applies to

Petition for confirmation of sale

A petition confirming a sale must allege that the sale occurred within 30 days before the petition was filed.

Pursuant to Probate Code section 10308, any petition for confirmation of sale must allege that the sale was made within thirty (30) days prior to the date on which the petition was filed.

Applies to

Report of sale and petition for order confirming sale

The return of sale and petition for confirmation must allege the specific date of sale.

The court requires that the specific date of sale be alleged in the return of sale and petition for its confirmation.

Applies to

Ex parte application

An ex parte application for an exclusive real-property listing must detail the property, broker, agreement terms, and factual reasons that the agreement benefits the estate; a conclusory statement is insufficient.

To obtain such permission, the fiduciary must file an ex parte application setting forth, in detail, the property to be sold, the broker to be employed, the terms of the exclusive listing agreement, and the factual reasons why such agreement is necessary and advantageous to the estate. A bare statement of "necessity and advantage" will not suffice.

Applies to

Ex parte order

Every ex parte order granting an exclusive listing must provide that the court will determine any reasonable broker's commission when the sale is confirmed.

In all cases, the ex parte order shall provide that a reasonable broker's commission, if any, will be determined by the court at the time of confirmation of sale.

Applies to

Sale confirmation petition

A real-estate sale-confirmation petition must state the bond amount in force at sale and the estate property amount that bond should cover at escrow close.

Petitions for confirmation of sale of real estate shall set forth the amount of bond in force at the time of sale and the amount of property in the estate which should be covered by bond (as provided in Probate Code sections 2320, 2330, and 8482) at the close of escrow.

Applies to

Sale confirmation petition

A sale-confirmation petition must allege when no additional bond is required or when bond has been waived.

If no additional bond is required, or if bond is waived, that fact must be alleged.

Applies to

Bond

Any additional bond ordered by the court must be filed before the court signs the order confirming the real-estate sale.

If additional bond is ordered, it must be filed prior to obtaining the court's signature on the order confirming sale.

Applies to

Sale confirmation order

An order confirming sale must state the total broker commissions allowed and any agreed allocation between brokers.

The order confirming sale must show the total commissions allowed and any allocation agreed upon between brokers.

Applies to

Trustee fee request

A request for court approval of trustee fees, including a request settling an account, must address the factors stated in California Rules of Court, rule 7.776.

Requests for court approval of trustee fees, including settling an account, shall include information addressing the factors stated in California Rules of Court, rule 7.776, and will be considered in accordance with Probate Code section 15680 et seq.

Applies to

Conservator or guardian fee request

A request for conservator or guardian fees must include the information required by California Rules of Court, rules 7.751 and 7.756.

Requests for conservator/guardian fees shall include information required by California Rules of Court, rules 7.751 and 7.756, and will be considered in accordance with Probate Code section 2640 et seq.

Applies to

Conservator fee request

A conservator seeking fees must disclose all compensation received or available from a collateral source, including a trust.

When a conservator is petitioning for fees, any compensation received or available from any collateral source, including a trust, must be disclosed.

Applies to

Motion or brief

The caption page of each motion and brief in complex litigation must state that the matter has been deemed Complex and is assigned for all purposes to a Complex Litigation Judge.

All motions and briefs shall conform to California Rules of Court, including rule 3.1113, and indicate on the caption page that this matter has been deemed Complex and is assigned for all purposes to a Complex Litigation Judge.

Applies to

Joint case management conference statement

The Case Management Statement must be a detailed prose submission, not the standardized Judicial Council form, and must address the listed case-management subjects.

The case management statement must not be the standardized Judicial Council form. It must be in prose and detail. The Case Management Statement must include the following:

Applies to

Joint case management conference statement

The Case Management Statement must address pleadings, discovery, settlement or mediation, meet-and-confer conclusions, anticipated motions, a realistic trial date or reasons and a proposed next conference date if one cannot yet be set, and related cases.

a. Status of pleadings; b. Status of discovery; c. Status of settlement or mediation; d. Conclusions reached after meet and confer on all matters set forth in California Rules of Court rule 3.750 and rule 3.724(8); e. Anticipated motions; f. Realistic and timely trial date; if a trial date cannot presently be set, state the reasons and propose a realistic next case management conference date; g. Notice of any related case.

Applies to

Trial management report and brief

Attorneys must prepare and file a trial management report and brief in the manner stated in the applicable trial category.

B. The attorneys shall prepare a trial management report and brief (see Appendix A) and file the report as set forth below.

Applies to

Statement of agreement or nonagreement

Within 10 days after each mediation session closes, the mediator must file the STATEMENT OF AGREEMENT OR NONAGREEMENT (ADR-100) with the court.

Within ten (10) days of the close of each mediation session the mediator shall report to the court on the status of the mediation by filing with the court the STATEMENT OF AGREEMENT OR NONAGREEMENT (ADR-100)

Applies to

Settlement conference statement

Each settlement conference statement must describe the case and facts, legal contentions and authorities, economic damages, prior settlement offers and demands, and perceived impediments to settlement.

In addition, the settlement conference statement shall contain the following information: 1. A complete description of the nature of the case and the facts in support of that party’s contentions, including both liability and damages, and indicating those matters that are agreed upon or in dispute; 2. The legal contentions of that party with supporting authorities; 3. A listing of all alleged economic damages incurred and the basis; and a statement of those agreed to and/or in dispute; 4. All prior settlement offers and demands; and 5. Any perceived impediments to settlement.

Applies to

Settlement conference statement

In Song-Beverly actions, each party's settlement conference statement must include the specified vehicle-purchase, defect, repair, repurchase, and damages information in addition to the ordinary required contents.

In actions brought under the Song-Beverly Consumer Warranty Act, Civil Code section 1791 et seq., in addition to the information required in Rule 6.13(D)(1) – (5), each of the parties’ statements shall contain the following information:

Applies to

Trial management report

Must include

caption

The Trial Management Report must contain the full case caption.

the full case caption.

Applies to

Trial management report

The Trial Management Report must provide all requested information or explain why any requested information is absent.

All information requested below must be provided or its absence explained.

Applies to

Trial management report

The Trial Management Report must include a concise, non-argumentative summary of each party’s alleged facts and supporting contentions.

The Report shall include a summary of the allegations and supporting facts as contended by each party. The summary shall be non-argumentative and concise.

Applies to

Trial management report

The Trial Management Report must list the specific causes of action and defenses stated in the pleadings.

The Report shall include a listing of specific causes of action and defenses as contained in the pleadings.

Applies to

Trial brief

Attorneys must file necessary trial briefs with the Trial Management Report and Brief.

The attorneys shall file all trial briefs, as necessary, with the Trial Management Report and Brief.

Applies to

Trial management report

The Trial Management Report must list all requests for judicial notice, pretrial motions, motions in limine, and supporting points and authorities.

The Report shall include a list of all requests for judicial notice, pretrial motions, motions in limine, and appropriate points and authorities.

Applies to

Trial management report

Each party must state in the Trial Management Report whether discovery is complete and, if not, explain the reason and identify the unfinished areas.

Each party shall indicate whether discovery is completed. If discovery is not completed, the Report shall indicate why discovery has not been completed and shall specify the specific areas yet to be completed.

Applies to

Trial management report

Each party must list agreed stipulations and matters to which the party is willing to stipulate.

Each party shall list agreed upon stipulations and any matter to which they are willing to stipulate.

Applies to

Exhibit objections declaration

Each party must file a declaration identifying objections to the opposing party’s exhibits and briefly stating the reasons.

Each party shall file a declaration indicating any objections to the exhibits of the opposing parties with a brief statement of reasons.

Applies to

Proposed exhibits

All proposed exhibits must be pre-marked and exchanged or reviewed between the parties.

All proposed exhibits shall be pre-marked and exchanged and/or reviewed between the parties.

Applies to

Trial management report

The Trial Management Report must list all depositions intended for use at trial and any objections to them.

The Report shall include a list of all depositions intended to be used during trial and any objections thereto.

Applies to

Trial management report

The Report must identify the intended use of each video deposition.

Parties shall indicate in the Report the intended use of any video depositions.

Applies to

Trial management report

Objections to video depositions must be identified in the Report.

Objections shall be identified in the Report.

Applies to

Video deposition transcript

The court must receive an original, signed written transcript of each video deposition used at trial.

The court shall be provided with an original, signed written transcript of the video deposition.

Applies to

Witness list

Each party must prepare a witness list describing the general nature of each listed witness's testimony.

Each party shall prepare a list of witnesses and the general nature of their testimony (e.g., percipient witness, character witness, expert witness on damages, etc.).

Applies to

Witness list

The witness list must identify witnesses who require special assistance, such as an interpreter or disability accommodation.

Any witness needing any special assistance shall be identified (e.g., interpreter, disabled, etc.).

Applies to

Trial management report

Requests for a juror questionnaire or in-camera juror questioning must be stated in the Report, with the proposed questionnaire attached.

Requests for a juror questionnaire or in camera questioning of a juror as to particular matters shall be indicated in the Report and a copy of the proposed questionnaire attached to the Report.

Applies to

Jury instructions

All proposed jury instructions must be lodged with the court together with the Report.

All proposed instructions shall be lodged with the court with the Report.

Applies to

Verdict form

Proposed verdict forms must be filed together with the Report.

Proposed verdict forms shall be filed with the Report.

Applies to

Request to set hearing

An uncontested civil matter will not be heard without a hearing-set application filed on Local form CI-133 at least 15 days before the requested date, except when an emergency requires an earlier hearing.

No uncontested civil matter shall be heard unless application is filed with the clerk, using Local form CI-133, Request to Set Hearing, found on the court’s website, at least 15 days prior to the date requested, unless an emergency exists which requires an earlier hearing.

Applies to

Ex parte application

Civil ex parte requests must comply with California Rules of Court rules 3.1200 through 3.1207 unless another local rule provides otherwise.

Except as otherwise specifically provided by these rules, requests for ex parte relief in civil cases shall be presented in conformance with California Rules of Court, rules 3.1200 – 3.1207.

Applies to

Review hearing declaration

Each party must submit a declaration describing the matter's current status when the matter is set for a review hearing.

If a matter is set for a review hearing, a declaration describing the current status of the matter shall be submitted by each party as set forth in the next paragraph.

Applies to

Settlement conference

Counsel must meet and confer with opposing counsel, or an unrepresented opposing party, at least five court days before the first settlement-conference date.

Counsel shall confer with opposing counsel, or opposing party if that party is unrepresented by counsel, no less than five (5) court days prior to the first date set for settlement conference.

Applies to

Settlement conference statement

The settlement conference statement must identify issues that may be resolved by stipulation and issues remaining for the court.

Counsel shall inform the court of all issues that can be determined by stipulation and those remaining for determination by the court in the settlement conference statement filed with the court.

Applies to

Settlement conference statement

The settlement conference statement must state that the parties complied with the meet-and-confer rule.

The settlement conference statement shall also state that the parties have complied with this rule.

Applies to

Settlement conference statement

The settlement conference statement must provide the specified information about both the filing party and the opposing party, to the extent known or contended.

The statement must set forth the following information as to the party filing, as well as to the opposing party, to the extent known or contended:

Applies to

Income and expense declaration

A current income and expense declaration must be filed concurrently with the settlement conference statement.

4. Current Income and Expense Declaration. A current income and expense declaration shall be filed concurrently with the settlement conference statement.

Applies to

Income and expense declaration

The current income and expense declaration must be accompanied by earnings and deduction statements for the preceding three months.

The parties’ last three (3) months earnings and deduction statements shall be attached. (California Rules of Court, rules 5.260(a)(3), 5.427(d)(1).)

Applies to

Income and expense declaration

Both parties must complete every section of the FL-150 income and expense declaration.

Income and expense declarations (FL-150) must be filled out completely by both parties.

Applies to

Initial pleading

Each party must attach earnings and deduction statements for the preceding three months to the initial pleading.

The last three (3) months earnings and deduction statements shall be attached to each party’s initial filing of their pleadings.

Applies to

Income and expense declaration

A current income and expense declaration must be on file whenever a party requests a monetary award from the other party.

A current income and expense declaration must be on file any time there is a request for a monetary award from the other party.

Applies to

Request to rescind

Must include

case number

A signed request to rescind must include the case number and the names of the petitioner and respondent.

For the Request to Rescind to be correctly submitted, the party must include the case number and the names of the Petitioner and Respondent on their signed, written request.

Applies to

Status form

For a partial mediation agreement, a status form informing the court of unresolved custody or visitation issues must also be filed.

A status form appraising the court of the unresolved custody or visitation issues will also be filed.

Applies to

Fact based inquiry questionnaire

When a Fact-Based Inquiry through Family Court Services is ordered, each party must complete a written questionnaire within seven days or as directed by the judicial officer.

When a Fact-Based Inquiry through Family Court Services is ordered, each party shall complete a written questionnaire within seven (7) days or as otherwise directed by the judicial officer.

Applies to

Order appointing custody evaluator

Judicial Council form FL-327 must be used for an order appointing a custody evaluator, and form CI-151 may also be attached.

An “Order Appointing Child Custody Evaluator” (Judicial Council form FL-327) must be used for orders appointing a custody evaluator, and the court or parties may also attach Monterey County Local Court form CI-151 “Supplement to Order Appointing Child Custody Evaluator.”

Applies to

Proposed evaluator qualification submission

Before appointment, a proposed court-appointed evaluator must, upon request, provide a curriculum vitae, three professional references, and applicable proof of statutory and rule-of-court qualification requirements.

When an evaluation is ordered, and before appointment as a court-appointed evaluator, the proposed evaluator shall, upon request, provide to the attorneys for the parties, or to the parties if they are unrepresented, the following information:  a curriculum vitae;  the names of at least three attorneys who have worked with the individual in connection with previous evaluations, or three mental health professionals who are familiar with the individual’s work; and  provide proof of meeting the requirements of Family Code sections 3110-3118 and California Rules of Court sections 5.220-230 when applicable;

Applies to

Child custody evaluator qualification submission

During the first year on the referral list, a child custody evaluator must submit specified qualification materials and proof of assisting in three evaluations to Family Court Services.

On the first year in which a child custody evaluator is placed on the referral list, the person must submit to Family Court Services their a curriculum vitae; the names of at least three attorneys who have worked with the individual in connection with previous evaluations, or three mental health professionals who are familiar with the individual’s work; proof of meeting the requirements of Family Code sections 3110-3118 and California Rules of Court sections 5.225-5.230; and proof of three evaluations in which they materially assisted a currently qualified evaluator.

Applies to

Declaration of private child custody evaluator qualifications

A professional child custody evaluator must file form FL-326 before referral-list placement and annually by December 20 to remain on the list.

Professional child custody evaluators are required to file Declaration of Private Child Custody Evaluator Regarding Qualifications (form FL-326) prior to being placed on the referral list and annually to remain on the referral list, to Family Court Services by December 20th each year for the upcoming year.

Applies to

Declaration of private child custody evaluator qualifications

A professional child custody evaluator must file form FL-326 upon appointment in each case and before beginning the evaluation.

Professional child custody evaluators are required to file form FL-326 Declaration of Private Child Custody Evaluator Regarding Qualifications, in each case, upon appointment and prior to beginning the custody evaluation process.

Applies to

Custody evaluation

A professional child custody evaluator must file form FL-328 with the completed custody evaluation.

Professional child custody evaluators are required to file form FL-328 with the custody evaluation upon completion.

Applies to

Evaluator appointment order

The order appointing an evaluator must state the evaluation's purpose and scope and the date the report is due.

The court order appointing the evaluator shall state the purpose and scope of the evaluation and the date the report shall be filed with the court.

Applies to

Visitation supervisor qualification declaration

A nonprofessional visitation supervisor must file form FL-324(NP) in the corresponding case file before providing supervision.

Non-professional visitation supervisors are required to file the Declaration of Supervised Visitation Provider (Nonprofessional) (form FL-324(NP)) in the court file corresponding to the case for which the person is supervising visitation prior to serving as a visitation supervisor.

Applies to

Visitation supervisor annual qualification filing

Professional visitation supervisors must annually file form FL-324(P), proof of TrustLine registration, and qualifying training hours with Family Court Services by December 20 to remain on the referral list.

Professional visitation supervisors are required to file Declaration of Supervised Visitation Provider (Professional) (form FL-324(P)), annually to Family Court Services along with their proof of registration with TrustLine (trustline.org) and their qualifying required training hours to remain on the referral list, by December 20th each year for the upcoming year.

Applies to

Visitation supervisor qualification declaration

A professional visitation supervisor must file form FL-324(P) in each case before providing supervision for the affected parties.

Professional visitation supervisors are required to file Declaration of Supervised Visitation Provider (Professional) (form FL-324(P)), in each case prior to serving as a visitation supervisor for those parties.

Applies to

Visitation supervisor qualification declaration

Form FL-324(P) must be refiled with each report filed under California Rule of Court 5.20(j)(3).

This form must also be refiled with any reports filed under California Rule of Court, rule 5.20(j)(3).

Applies to

Telephone appearance request

A request for a telephone appearance must comply with California Rules of Court, rule 5.324, and use Judicial Council form FL-679.

Requests for appearance by telephone and opposition to such requests shall be made in compliance with California Rules of Court, rule 5.324. Judicial Council form FL-679 must be used for requests.

Applies to

Child support order

Every child-support order must include Judicial Council form FL-192 concerning health-care costs and reimbursement procedures as an attachment.

All orders for child support must have as attachments: 1. Notice of Rights and Responsibilities Health Care Costs and Reimbursement Procedures (Judicial Council form FL-192);

Applies to

Child support order

Every child-support order must include side 2 of Judicial Council form FL-192, the Information Sheet on Changing a Child Support Order, as an attachment.

2. Information Sheet on Changing a Child Support Order (Judicial Council form FL-192, side 2);

Applies to

Child support order

A computer-generated support calculation is required with every child-support order regardless of agreement, but when the parties disagree, each may attach its own calculation.

3. A computer-generated support calculation (required in all cases where there is a child support order whether or not there is an agreement regarding support). If the parties do not agree upon a single calculation, each party may attach a computer-generated calculation.

Applies to

Child support order

A child-support order providing for payment of a percentage or ratio of childcare costs must include the FL-192 notice concerning childcare costs and reimbursement procedures as an attachment.

4. Notice of Right and Responsibilities, Child Care Costs and Reimbursement Procedures if the order provides for payment of a percentage or ratio of childcare costs (FL-192).

Applies to

Confidential cover sheet

Must include

case number

A cover sheet stating the case title and number, the specified confidential-filing warning, and the legal basis for confidentiality must accompany confidential documents when served and filed.

The filing party must attach a cover sheet stating the case title, case number, and “CONFIDENTIAL [basis for confidential filing] – May Not Be Examined Without Court Order.” The basis must be a citation to, or other brief description of, the statute, state or local rule of court, appellate decision, or other legal authority that establishes that the document must be closed to inspection in the court proceeding.

Applies to

Notice of limited scope representation

When an attorney's representation is limited in scope, the attorney must file a Notice of Limited Scope Representation form FL-950 specifying that scope.

If representation by an attorney is limited in scope, the Notice of Limited Scope Representation form (Judicial Council form FL-950) specifying the scope of the representation shall be filed with the court.

Applies to

Substitution of attorney

After completing the task identified in the Notice of Limited Scope Representation, the attorney must file a Substitution of Attorney-Civil form MC-050 or proceed under California Rules of Court rule 5.425.

When the task specified in the Notice of Limited Scope Representation has been completed, the attorney shall file a Substitution of Attorney-Civil (Judicial Council form MC-050) or proceed pursuant to California Rules of Court, rule 5.425.

Applies to

Qualification documentation

A proposed Parenting Coordinator must provide a resume or other qualification documentation upon request before the appointment stipulation and order is filed.

Upon request, a proposed Parenting Coordinator must provide the requestor with a resume or other documentation of their qualifications prior to the filing of a stipulation and order appointing a Parenting Coordinator.

Applies to

Stipulation and order

The order appointing the Parenting Coordinator must be signed and approved by the Parenting Coordinator.

The form of the order shall be signed and approved by the Parenting Coordinator.

Applies to

Request to set hearing

A Request to Set Hearing on Local form CI-133 must be filed to obtain a hearing for adoption, nullity, civil or family default, and prove-up matters.

Adoption; nullity; civil and family default; prove up hearings will be set for hearing upon the filing of a Request to Set Hearing, Local form CI-133.

Applies to

At issue memorandum

An At-Issue Memorandum must be submitted on the form provided by the court clerk.

Any At-Issue Memorandum filed shall be on the form provided by the clerk of the court.

Applies to

Appraisal report

An appraisal report of the property’s fair market value, completed by a certified real estate appraiser and dated within thirty days before the application, must be attached.

Appraisal Report of the fair market value of the property, completed by a certified real estate appraiser. The report should be dated no more than thirty (30) days prior to the application for property bond.

Applies to

Trial brief

The trial brief must contain a jury-readable factual statement, proposed jury instructions, all in limine motions and supporting authorities, proposed voir dire questions, trial-disrupting witness issues, other trial-judge issues, a witness list, an exhibit list, and a proposed verdict form.

The trial brief shall include the following:  A brief factual statement of the case that can be read to the jury  Proposed jury instructions  All in limine motions along with supporting points and authorities  Proposed voir dire questions that are being requested  A list of any witness problems that may interfere with the timely conduct of the trial  Any other issues that will have to be dealt with by the trial judge  Witness list  Exhibit list  Proposed verdict form

Applies to

Suppression motion

Must include

legal argument

In a misdemeanor Penal Code section 1538.5 motion to suppress, the moving party must file written points and authorities at least 10 days before the hearing identifying the evidence, legal theories, and supporting authorities.

In misdemeanor Penal Code section 1538.5 motions to suppress evidence the moving party shall file written points and authorities at least ten (10) days prior to the date of the hearing which shall: 1. Identify with particularity the evidence sought to be suppressed; 2. Specifically state the legal theories relied upon; and 3. Cite the specific authorities offered in support of the motion.

Applies to

Modification request

A request to modify an imposed sentence must be filed in writing using the court's provided form.

Any request for modification of sentence imposed must be filed in writing on a form provided by the court.

Applies to

Motion

The motion for a real property equity bond must include the listed supporting documents as attachments.

The following documents must be submitted as attachments to the motion:

Applies to

Declaration of property owners

A declaration of the property owner or owners must be attached to the motion.

Declaration of property owner(s).

Applies to

Notarized promissory note

A notarized promissory note in the amount of the required bond must be attached to the motion.

A notarized promissory note in the amount of the required bond.

Applies to

Deed of trust

A copy of the proposed deed of trust securing the promissory note must be attached, naming Monterey County as beneficiary and the Court Executive Officer as trustee.

Copy of the deed of trust proposed to be recorded securing the promissory note naming Monterey County as beneficiary and the Court Executive Officer of the Superior Court of California, County of Monterey, as trustee.

Applies to

Preliminary title report

A current preliminary title report from a recognized California title company, including the property description, location, and encumbrances, must be attached and dated within thirty days before the application.

Current preliminary title report including a legal description of the property, location, and all encumbrances from a recognized California title company dated within thirty (30) days prior to the application for property bond.

Applies to

Order approving property bond

An order approving the property bond and an order for release of the defendant must be attached to the motion.

Order approving property bond and order for release of defendant. (Penal Code section 1281.)

Applies to

Brief

A party briefing an issue must expressly identify the burden of proof and the party bearing it.

In briefing, (1) each party addressing an issue shall specifically state the burden of proof for that issue and who bears it;

Applies to

Brief

Must include

word count, local rule certificate

The compliance certification must state the applicable word limit and identify the software-generated word count for the memorandum.

This briefing complies with the rule, which limits briefing to [insert the appropriate number] words. I certify that I prepared this document in [insert software name such as Word 2010], and that this is the word count [Word] generated for this document.

Applies to

Brief

Must include

word count, local rule certificate

Attorneys must place a substantially prescribed word-count compliance certification on a separate page after the memorandum.

Attorneys shall, on a separate page following the final page of the memorandum, certify compliance with this requirement using substantially the language below:

Applies to

Motion

A motion heard before the merits of a writ petition must comply with the filing schedule and page limits in California Rules of Court, rules 3.1113 and 3.1300.

Any motion to be heard prior to the merits of a writ petition shall comply with the filing schedule and page limits specified in California Rules of Court, rules 3.1113 and 3.1300.

Applies to

Attorney withdrawal

An attorney who withdraws without substitution must include the client's address, email address, and telephone number.

When an attorney withdraws from an action or proceeding and no other counsel is substituted, the attorney shall include the address, email and telephone number of the client.

Applies to

Filed document

Counsel must state the date of any pending relevant trial or hearing in or directly below the caption of every filed document.

It shall be the duty of counsel on all filed documents to indicate the date of any pending relevant court trial or hearing as part of, or directly below, the caption describing the nature of the document.

Applies to

Post hearing order

A party directed by the court must prepare the applicable post-hearing order and submit it to the opposing counsel or party for objection or approval.

The party directed by the court shall prepare the findings and order after hearing, judgment and order in accordance with the court's decision, or stipulation put on the record and shall submit it to opposing counsel/party for objection or approval pursuant to California Rules of Court, rules 3.1312 and 5.125.

Applies to

Notice and request for court reporter

An in forma pauperis party with a granted fee waiver must file a Notice and Request for Court Reporter at least 10 days before the hearing.

A party, with a fee waiver granted, proceeding in forma pauperis and requesting a court reporter, must file with the court at least 10 days prior to a hearing a Notice and Request for Court Reporter.

Applies to

Proposed order

If a party submits a proposed order without opposing counsel's approval as to form, the court may require a transcript and a cover letter explaining the lack of approval.

The court may require any party submitting a proposed order after hearing who does not obtain approval as to form from opposing counsel to submit a transcript to the court with a cover letter explaining why it was submitted without such approval.

Applies to

Certificate

Additional pages must be attached to document juvenile-dependency experience if necessary.

Juvenile Dependency Experience (Attach additional pages if necessary):

Applies to

Notice of remote appearance

A party or witness may provide notice of a remote appearance orally during a proceeding or by timely filing and serving Judicial Council form RA-010.

Notice of intent to appear remotely for the proceeding or the duration of the case may be provided to the court and all parties orally during a proceeding, or by filing and serving the Notice of Remote Appearance (Judicial Council Forms, form RA-010), within the time frames prescribed by California Rules of Court, rule 3.672(f), (g) and (h).

Applies to

Notice of remote appearance

A party may request a remote appearance by filing Judicial Council Form RA-010 at least ten court days before the hearing.

Parties may request to appear remotely by filing a Notice of Remote Appearance (Judicial Council Forms, form RA-010) at least ten (10) court days before the scheduled hearing.

Applies to

Notice of remote appearance

Juvenile parties may request a remote appearance by filing Judicial Council Form RA-010.

Parties may also request to appear remotely by filing a Notice of Remote Appearance (Judicial Council Forms, form RA-010).

Applies to

Certificate

The certification form requires copies of MCLE certificates or other documentation supporting the stated training and education.

Training and Education (Attach copies of MCLE certificates or other documentation):

Applies to

Probate order

An order may reference an attached exhibit to prevent typographical errors, but the exhibit must identify the case name and number; incorporating it into the order with a judicial signature element is preferred practice.

Orders may reference attached exhibits where use of the exhibits is meant to safeguard against typographical errors, for example where lengthy property descriptions are involved. Exhibits must reference the case name and number. The preferred practice is to incorporate the exhibit into the order and provide for a judicial signature element at the end of the exhibit.

Applies to

Waiver of accounting

A detailed accounting may be waived by petition if all interested persons are adults, competent, and consent, and the waiver must be filed with the court.

B. Waiver of Accounting. A detailed accounting may be waived by petition when all interested persons consent, are adult and competent. All waivers must be filed with the court.

Applies to

Account report

The court will not allow interest credit when the reported facts do not justify the delayed claim payment.

The court will not allow credit for payment of interest where the delay in payment of the claims is not justified by the facts set forth.

Applies to

Probate conservator petition

When appointment of counsel is required or requested, parties must comply with Local Rule 4.83, and an ex parte application and order for appointment of counsel should be submitted with the petition to avoid delay.

A. Where appointment of counsel is required or requested, parties shall comply with Local Rule 4.83. An ex parte application and order for appointment of counsel should be submitted when the petition is filed to avoid continuance or delay.

Applies to

Confidential status report

The Confidential Status Report must address specified conservatee and conservatorship conditions and must be filed as a separate document from the petition.

B. The Confidential Status Report shall address the current physical/medical condition of the conservatee; the current level of care; any anticipated changes in residence and/or level of care, and reason(s) for change; any involvement of family and friends of the conservatee; and any unusual circumstances related to the conservatee and/or conservatorship of the estate. The report shall be a separate document from the petition.

Applies to

Final accounting petition

When a probate proceeding has already been initiated for a deceased conservatee, the petition must state the caption, case number, filing county, and petitioning party's name.

B. If a probate proceeding has already been initiated for a deceased conservatee, the petition shall state the caption, case number, county where filed, and the name of the petitioning party.

Applies to

Trust agreement

A copy of the trust agreement must be provided to the court investigator if requested.

A copy of the trust agreement shall be provided to the court investigator upon request;

Applies to

Guardian appointment petition

The court will consider one application for sibling minors, but separate applications are required in all other cases involving multiple minors.

B. Single Application for Multiple Minors. The court will consider a single application for appointment of the same guardian of the person or estate, or both, of more than one (1) minor, if the minors are siblings. In all other instances separate applications must be filed.

Applies to

Notice of sale

The published notice of sale must substantially comply with the prescribed example.

The notice of sale of real property must substantially comply in its content with the following example:

Applies to

Notice of sale

Published solicitation terms must be substantially similar to and no more onerous than the accepted offer.

The terms of the solicitation must be substantially similar to the terms of the accepted offer that is the subject of the report of sale and petition for order confirming sale of real property. Published terms of the solicitation cannot be more onerous than the terms of the accepted offer.

Applies to

Fee declaration

Must include

proposed order

After appointment, counsel for a conservatee or minor may request fees at an already-scheduled hearing by submitting a declaration and proposed order.

After appointment of a conservator/guardian, counsel for conservatee/minor may request fees by their own noticed petition or by submitting a declaration and proposed order for fees for hearing

Applies to

Mediation agreement

A mediation agreement in the Appendix F form must state the specified engagement terms and be fully signed before mediation begins.

A MEDIATION AGREEMENT between the assigned mediator and the parties shall have the form set forth in Appendix F and shall set forth the terms of the engagement, including, but not limited to, a specific enumeration of the pro bono hours, the parties’ option to continue mediation on a specific fee basis after the pro bono hours have been spent, confidentiality, disclosure of conflicts of interest, and the incorporation by reference of the Mediation Program local rules. The “Mediation Agreement” shall be fully signed before the commencement of the mediation session.

Applies to

Review hearing declaration

The court may drop a matter from its calendar if the required declaration is not filed.

If no declaration is filed, the matter may be dropped at the discretion of the court.

Applies to

Written summary

When custody or visitation issues are resolved, the counselor must prepare and forward a written agreement summary to the court and the parties or their counsel.

If an agreement has been reached between the parties regarding the issues of custody and visitation, the Child Custody Recommending Counselor will prepare and forward to the court and the parties and/or their counsel a written summary of such agreement.

Applies to

Custody visitation recommendation

When custody or visitation issues remain wholly or partly unresolved, the counselor must submit a recommendation to the court under Family Code section 3183.

If there is no agreement or only partial agreement between the parties regarding issues of custody and/or visitation, the Child Custody Recommending Counselor will submit a recommendation to the court regarding custody and/or visitation with the minor child(ren) pursuant to Family Code section 3183.

Applies to

Initial filing document packet

At the initial filing in a dissolution, nullity, legal-separation, domestic-partnership-termination, or Uniform Parentage Act paternity matter, the clerk must provide the petitioner with the specified informational packet.

Upon the initial filing, the clerk shall provide the Petitioner with a document packet containing Judicial Council form FL-107- INFO, Legal Steps for a Divorce or Legal Separation OR Local form CI-137, Legal Steps for Filing a Parentage Case and Local form CI-138, List of Local Resources.

Applies to

Stipulation and order

The Parenting Coordinator’s role, powers, duties, term, and incidental matters should be included in a written stipulation and order.

The Parenting Coordinator’s role, powers, duties, term, and incidental matters should be set forth in a written stipulation and order.

Applies to

Request for order

At either parent's request, the Parenting Coordinator must formalize the decision and submit it to the court for entry as a court order.

At the request of either parent, a decision will be formalized by the Parenting Coordinator and submitted to the court to be entered as a court order.

Applies to

At issue memorandum

In a short-cause case, the At-Issue Memorandum must identify dates at least thirty days after filing when trial counsel is unavailable.

In short cause cases (one (1) day or less), in addition to the information required by California Rules of Court, rule 10.900, the At-Issue Memorandum shall indicate those dates, not less than thirty (30) days from the date the At-Issue Memorandum is filed, during which trial counsel is not available.

Applies to

At issue memorandum

In a long-cause case, the At-Issue Memorandum must identify dates at least three months after filing when trial counsel is unavailable.

In long cause cases (more than one (1) day), in addition to the information required by California Rules of Court, rules 3.714 and 10.900, the At-Issue Memorandum shall indicate those dates, not less than three (3) months from the date the At-Issue Memorandum is filed, during which the trial counsel is not available.

Applies to

Continuing discovery request

At the defendant's first criminal-matter appearance, continuing discovery is automatically treated as requested by the defendant under Penal Code section 1054.1 and by the prosecutor under section 1054.3.

At the time of the defendant’s first appearance on a criminal matter, an informal request for continuing discovery shall be deemed to have been made by the defendant requesting the prosecutor to comply with Penal Code section 1054.1, and by the prosecutor requesting the defendant to comply with Penal Code section 1054.3.

Applies to

Oversized brief

A party may instead request permission to file an oversized brief through the procedure in California Rules of Court, rule 3.1113(e).

Alternatively, any party may file a motion to file an oversized brief consistent with the procedure specified in California Rules of Court, rule 3.1113(e).

Applies to

Local form

Parties must use forms designated as mandatory, while forms designated as optional may be used.

Mandatory forms must be used by parties, while optional forms may be used by parties.

Applies to

Local form

A person using a local court form must use the court’s current adopted version.

A person using a local form must use the current version of the form adopted by the court.

Applies to

Final accounting

A court investigation is not required for the final accounting unless the court orders otherwise.

D. A court investigation is not required for the final accounting, unless otherwise ordered.

Applies to

Notice

Notice to the court may be given by filing a JV-100 form, a JV-180 form, or a declaration.

B. Notice to the court may be given by the filing of Judicial Council forms Juvenile Dependency Petition (Version One) (JV-100) or Request to Change Court Order (JV-180) or by the filing of a declaration.

Applies to

Petition for probate

For a beneficiary who dies after the decedent, the petition should identify the beneficiary as deceased, include the date of death, and provide notice to that beneficiary's successors or personal representative as applicable.

D. Post-deceased Beneficiaries. If a beneficiary dies after the decedent, and a personal representative has been appointed for the beneficiary, the beneficiary should be listed in care of the name and address of the personal representative. If no personal representative has been appointed, the beneficiary should be listed as deceased and notice should be given to the beneficiaries of the post-deceased beneficiary. In either case, the date of death of the post- deceased beneficiary should be included.

Applies to

Interim or final account

Before filing an interim or final account, counsel are advised to review the court file and ensure that any filed creditor claims have been addressed.

Prior to filing the interim or final account, counsel are advised to review the court file to ensure that all creditors' claims which may have been filed have been addressed in the interim or final account.

Applies to

Trial management report

Attachments may be used in the Trial Management Report to provide additional information or state the parties’ positions.

Attachments may be used to provide additional information or to state the positions of each of the parties.

Applies to

Telephone appearance opposition

Judicial Council form MC-030 is permitted for a declaration opposing a telephone-appearance request.

Judicial Council form MC-030 may be used for the declaration in opposition.