Sacramento Superior Court Document Filing Requirements

CRITICAL

Applies to

Motion in limine

All motions in limine and other pretrial motions must be filed and served at least five court days before trial.

File and serve all motions in limine and other pretrial motions.

CRITICAL

Applies to

Notice of petition

Notice of a petition to admit a lost Will must identify that the Will is lost.

Notice mailed for a petition to admit a lost Will shall identify that the Will is lost.

CRITICAL

Applies to

Petition

If record title is based on a written document, a copy must be filed with the petition.

If the form of record title is based on a written document, a copy of the document shall be filed with the petition.

CRITICAL

Applies to

Substitution of attorney

A substitution of attorney form from a self-represented party will not be accepted unless it includes the party's address and telephone number.

For Self-Represented parties: A substitution of attorney form will not be accepted for filing unless the address and telephone number of the party in pro per is included as part of the substitution.

CRITICAL

Applies to

Petition for writ of mandate

Election Writ petitions must include 'PRIORITY ELECTION MATTER' on the right side of the caption, on the petition and any amended petitions, with a citation to the qualifying legal authority.

All petitions for writ of mandate which qualify as a priority election matter (Elections Code § 13314, Government Code § 83121, or Code of Civil Procedure § 460.7) must include the language, “PRIORITY ELECTION MATTER” on the right side of the caption on the Petition and any amended Petitions, and must include a citation to the applicable legal authority qualifying the particular petition as a priority election matter.

CRITICAL

Applies to

Petition for distribution

The distributee's receipt must be signed by the parent, guardian or custodian.

The distributee's receipt shall be signed by the parent, guardian or custodian

CRITICAL

Applies to

Media request to permit coverage

Media seeking camera or recording permission in non-confidential delinquency proceedings must file Judicial Council form MC-510.

A California Rules of Court, rule 1.150, the Order on Media Request to Permit Coverage (Judicial Council form (MC-510), must be filed in order to seek the exercise of such discretion.

CRITICAL

Applies to

Proposed order

Must include

certificate of service

Failure to respond to a proposed order is deemed approval; the preparer must then submit the order with the minute order, proof of service, and a cover letter to the court.

Failure to notify the party ordered to prepare the order within the time required shall be deemed an approval of the order and the party ordered to prepare the order shall then submit the order, together with a copy of the court's minute order from the hearing, a proof of service evidencing service of the proposed order, and a cover letter advising the court of the other party or parties' failure to timely respond, to the court for entry.

CRITICAL

Applies to

First pleading

The caption page of the first pleading in a CEQA case must be labelled 'CEQA CASE'.

The caption page of the first pleading in any case that alleges one or more claims pursuant to the California Environmental Quality Act (CEQA) (Pub. Res Code, §§ 21000, et seq.) must be labelled with the words “CEQA CASE.”

CRITICALCivil cases

Applies to

Brief

Moving counsel must attest that they reviewed the settlement checklist and that their briefing complies with it.

Moving counsel must attest that they have reviewed the checklist and that their briefing complies with the checklist.

CRITICAL

Applies to

Request for approval of fees

Fee schedules not complying with CRC 7.776 will not be accepted to support fee requests.

Trustee fees are based on fee schedules that are not in compliance with California Rules of Court, Rule 7.776 will not be accepted by the court to support a request for fees.

CRITICAL

Applies to

Petition

In specified summary proceedings, the petition must state the form of record title and character of ownership at all relevant times.

In any summary proceeding under Probate Code section 13150, section 13200, or section 13650 where the court is to consider or determine the character of property as community or separate, the petition shall set forth the form of record title and character of ownership at all relevant times.

CRITICALCivil cases

Applies to

Petition for writ of mandate

Must include

caption

Petitions for writ of mandate in priority election matters must include 'PRIORITY ELECTION MATTER' on the right side of the caption and cite the applicable legal authority.

All petitions for writ of mandate which qualify as a priority election matter (Elections Code § 13314, Government Code § 83121, or Code of Civil Procedure § 460.7) must include the language, “PRIORITY ELECTION MATTER” on the right side of the caption on the Petition and any amended Petitions, and must include a citation to the applicable legal authority qualifying the particular petition as a priority election matter.

CRITICAL

Applies to

Supplemental account

A supplemental account must be presented if more than $5,000 in assets are withheld from initial final distribution, unless waived.

A supplemental account shall be presented if assets in excess of $5,000 are withheld from initial final distribution, unless the account has been waived.

CRITICAL

Applies to

Witness list

Each side must exchange a witness list at least 15 days before trial, including the subject of each witness's testimony and a direct-examination time estimate.

No later than the 15th day before the date initially set for trial of the action, each side is required to submit and exchange their list of witnesses they plan to call at trial. Included with this submission shall be a brief statement of the subject of each witness’s testimony and an estimate of the time required for direct examination of each witness.

CRITICAL

Applies to

Conservatorship final account

A final account is required when a conservatorship of an estate terminates.

A final account shall be required on termination of the conservatorship of an estate.

CRITICAL

Applies to

Petition to include proposed distribution

The caption and notice of hearing must notify affected persons that a distribution issue will be submitted for the court's determination.

The caption and notice of hearing on the petition shall include notice to affected persons that an issue concerning distribution will be submitted for the court's determination.

CRITICAL

Applies to

Proof of subscribing witness

The copy of the Will attached to the proof of subscribing witness must be certified by the attorney of record.

The copy of the Will attached to the proof of subscribing witness shall be certified by the attorney of record.

CRITICAL

Applies to

Petition for spousal property transaction

A spousal property transaction petition must include a declaration from a licensed physician or psychologist on the non-petitioning spouse's capacity.

The petition shall be supported by a declaration of a licensed physician or licensed psychologist within the scope of his or her licensure as to the capacity of the non-petitioning spouse (Probate Code section 810 et seq.).

CRITICAL

Applies to

Written verification

The proposed conservator must verify in writing, before the appointment hearing, that he or she viewed the court-approved video on conservator duties.

Prior to the hearing for appointment, the proposed conservator shall verify in writing that he or she has viewed an approved videotaped presentation located on the court’s website on the duties and responsibilities of conservators.

CRITICAL

Applies to

Financial institution account statement

Financial institution account statements must be presented in the same sequence as assets in the schedule of property on hand, and the petitioner must highlight the account holder's name and address and the account or property description number on each statement.

The financial institution account statements shall be presented in the same sequence as the assets are listed in the schedule of property on hand. The petitioner shall in addition highlight the following information contained on each account statement: (1) Name, address of account holder; (2) The account or property description number;

CRITICAL

Applies to

Notice of appeal labor commissioner

Must include

certificate of service

A Notice of Appeal of a Labor Commissioner decision must be filed with the Clerk together with copies of the underlying complaint/answer and the Commissioner's order, plus a declaration of proof of service on the Labor Commissioner.

(A) Any party filing a Notice of Appeal of the order, decision or award of the Labor Commissioner pursuant to Labor Code section 98.2, shall file with the Clerk of the Court: (1) A copy of the complaint and any answer filed with the Labor Commissioner; (2) A copy of the order, decision or award of the Labor Commissioner, which shall include a summary of the hearing and the reasons for the decision; and (3) A declaration of proof of service of a copy of the Notice of Appeal upon the Labor Commissioner.

CRITICAL

Applies to

Attorney party compliance statement

For an Order to Show Cause Re: Non-Compliance, the responding party must file an Attorney/Party Compliance Statement (local form CV\E-112) no later than 15 days before the hearing.

Not later than 15 days before the date of the hearing, the responding party shall file an Attorney/Party Compliance Statement (local form CV\E-112).

CRITICAL

Applies to

Agreement or stipulation

A defaulted self-represented party's signature on an Agreement or Stipulation must be notarized by a duly authorized Notary Public.

The signature of a defaulted self-represented party to an Agreement or Stipulation shall be subscribed by a duly authorized Notary Public.

CRITICAL

Applies to

Notice of motion

Notices of motion in the designated department must include the specified tentative-ruling language.

All noticed motions in the designated department shall include the following information in the notice: "Pursuant to Local Rule 1.06 (A), the Court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing. The complete text of the tentative ruling may be downloaded off the Court’s website. If the party does not have online access, they may call the dedicated phone number for the department as referenced in the local telephone directory between the hours of 2:00 p.m. and 4:00 p.m. on the court day before the hearing and receive the tentative ruling. If you do not call the Court and the opposing party by 4:00 p.m. the court day before the hearing, no hearing will be held."

CRITICAL

Applies to

Petition to transfer assets

Petitions to transfer Medi-Cal-related assets must include an Income and Expense Declaration (FL-150) and a Property Declaration (FL-160).

Petitions to transfer assets related to Medi-Cal eligibility, the petitioner shall file an Income and Expense Declaration (Judicial Council form FL-150) and a Property Declaration (Judicial Council form FL-160).

CRITICAL

Applies to

Trial brief

Each party must submit a trial brief on the first day of trial.

On the first day of trial, each party shall submit a trial brief.

CRITICAL

Applies to

Motion

Moving papers on shortened time must include a copy of the order, and all papers must identify on the caption page that the matter was brought on an order shortening time, with the order date and judge's name.

The moving papers must be accompanied by a copy of the order and all papers, including subsequent papers filed in the matter, must indicate on the caption page that the matter was brought on an order shortening time with specific identification of the date of the order and name of the judge.

CRITICAL

Applies to

Supplemental uninsured motorist statement

Plaintiff must file a Supplemental Uninsured Motorist Statement within 10 days of the arbitration award or claim conclusion, stating the award or conclusion date.

Plaintiff shall file a Supplemental Uninsured Motorist Statement within 10 days of the date of the arbitration award or the date the claim is otherwise concluded, setting forth the date of the award or the date the claim concluded.

CRITICALCriminal cases

Applies to

Petition cover sheet

Cover sheets for Penal Code § 1170.18 petitions must designate Department 15 or Department 30 as the assigned department and reference this standing order.

The cover sheets for such petitions shall designate Department 15 or Department 30 as the assigned department and reference this standing order.

CRITICAL

Applies to

Exhibits

On the day of trial, parties must pre-mark and submit all exhibits and an exhibit list to the trial department immediately before trial begins, excluding rebuttal or impeachment exhibits.

Immediately prior to the commencement of trial, pre-mark and submit all exhibits and submit a list of all exhibits to the trial department except for exhibits that may be used for rebuttal or impeachment.

CRITICAL

Applies to

Petition for extraordinary services

Petitions for extraordinary services must include the date each service was rendered, in addition to CRC rule 7.702 requirements.

In addition to the requirements of California Rules of Court, rule 7.702, a petition for extraordinary services shall include the date each service is rendered.

CRITICAL

Applies to

Ex parte application

Every ex parte application must include a written supporting declaration stating whether the opposing party is represented, whether notice was given and the order agreed to, and if not, facts establishing good cause to proceed without notice.

All applications shall include a written supporting declaration, stating whether the opposing party is represented by counsel, whether the opposing party or counsel has been given notice of the application as required by the California Rules of Court and has agreed to the requested order and if not, setting forth facts establishing good cause for the issuance of the order without notice.

CRITICAL

Applies to

Order after hearing

Must include

judge name, case number

Orders after hearing must be prepared per CRC rule 3.1312 and state, immediately below the case number, the last hearing date and the hearing judge.

Unless otherwise provided in the minute order pursuant to tentative decision, orders after hearing shall be prepared pursuant to California Rules of Court, rule 3.1312 and shall specify, immediately below the case number, the date the matter was last calendared for hearing and the judge who heard the matter.

CRITICAL

Applies to

Receipt of depository

The depository receipt must acknowledge the restrictions on withdrawal and contain no liability disclaimers.

When an order restricting withdrawals and reducing bond is obtained under Probate Code section 8483, a receipt of the depository acknowledging the restrictions on withdrawal, without liability disclaimers, shall be filed within 10 days of the order or if the property to be deposited is not then in the possession of the fiduciary, within 10 days of receipt of the property by the fiduciary.

CRITICAL

Applies to

Ex parte application

A request to combine multiple proposed conservatees in one case number must be made by ex parte application at filing, with a declaration explaining why combining is in their best interest.

Requests to include more than one proposed conservatee in the same case number shall be made by an ex parte application at the filing of the Petitions for Appointment. The ex parte application shall include a declaration providing why a combined case number is in the best interest of the proposed conservatees. The hearing date(s) will be provided upon determination of the ex parte application.

CRITICAL

Applies to

Notice of motion

Noticed motions in the Presiding Judge's department must include the specified tentative-ruling notice language.

All noticed motions in the Presiding Judge’s department shall include the following information in the notice: "Pursuant to Local Rule 1.05, the Court will make a tentative ruling on the merits of this matter by 2:00 p.m., two court days before the hearing. The complete text of the tentative ruling may be accessed on the public portal. If the party does not have online access, they may call the dedicated phone number for the department as referenced in the local telephone directory and receive the tentative ruling. If you do not call the Court and the opposing party by 12:00 p.m. the court day before the hearing, no hearing will be held."

CRITICAL

Applies to

Will

Wills presented to probate must include the unaltered, signed original and one copy for the court.

All Wills presented to Probate shall include the unaltered, signed original Will and one copy for the court.

CRITICAL

Applies to

Rehearing application

Rehearing applications must use local form JC/E-001 as the first page; other documents may be attached and incorporated by reference.

The applicant shall utilize the Application for Rehearing and Statement (local form JC/E-001). Other documents may be attached to local form JC/E-001 and incorporated by reference therein, but the court will not accept for filing an application that does not utilize the form as the first page of the application.

CRITICAL

Applies to

Ex parte notice

Notice of an ex parte application must include a specific statement of the nature of the order sought.

Notice shall include a specific statement of the nature of the order sought.

CRITICALCivil cases

Applies to

Motion

A motion for preliminary or final class-action approval or PAGA settlement approval must follow the checklist’s order.

The motion shall follow the same order as this checklist, as that is how the court will review the motion.

CRITICAL

Applies to

Application for default

Applications for default based on substituted service must include a process server declaration stating the factual basis for concluding the service address was a proper location.

A party who submits an Application for Default in reliance upon service of summons by substituted service pursuant to Code of Civil Procedure section 415.20(b) shall submit a declaration by the process server indicating: (1) The factual basis upon which the process server concluded that the place of service and mailing was either the “dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service box” of the person served;

CRITICAL

Applies to

Expert witness list

Each side must exchange an expert witness list at least 15 days before trial, with an expert declaration covering qualifications, substance of testimony, and copies of reports and testing data.

Separate and apart from the above requirement, no later than the 15th day before the date initially set for trial of the action, each side is required to submit and exchange a list of all expert witnesses they plan to call at trial. Included with this submission shall be a declaration from the expert stating the expert’s qualifications, the general substance of the expert’s expected testimony, and a copy of all written reports, writings, and testing data made by the designated expert in the course of preparing their opinion.

CRITICAL

Applies to

Copy in lieu of lost original

Must include

proposed order

A court order is required to file a copy in lieu of a lost original pleading, based on counsel's declaration or the clerk's certificate.

If an original pleading or paper previously filed with the court is lost, an order authorizing the filing of a copy in lieu of the original is required, and may be based upon declaration of the requesting counsel, or the certificate of the clerk.

CRITICAL

Applies to

Witness list

On the first day of trial, parties must submit an alphabetized joint witness list to the court.

On the first day of trial, the parties shall submit to the court an alphabetized, joint witness list.

CRITICALCivil cases

Applies to

Complaint

Must include

caption

SB 549 complaints must include the bolded, capitalized caption language 'TRIBAL NATIONS ACCESS TO JUSTICE ACT (SB 549) MATTER' on the right side of the caption.

All complaints that include a cause of action for declaratory and/or injunctive relief pursuant to the Tribal Nations Access to Justice Act (Government Code section 98020) must include the following bolded and capitalized language, “TRIBAL NATIONS ACCESS TO JUSTICE ACT (SB 549) MATTER” on the right side of the caption on the Complaint and any amended Complaints.

CRITICAL

Applies to

Ex parte application

Ex parte applications must include a written supporting declaration stating opposing counsel status, contact/agreement, or why no notice is required.

All applications must include a written supporting declaration, stating whether the opposing party is represented by counsel, whether that party has been contacted and has agreed to the requested order, or why the order should be issued without notice.

CRITICAL

Applies to

Financial institution account statement

The financial institution account statement must be the most current statement showing the balance as of the close of the account period.

The financial institution account statement required by Probate Code section 2620(c) shall consist of the most current statement showing the balance as of the close of the account period.

CRITICAL

Applies to

Motion to withdraw

Motions to withdraw must be in writing and include a signed affidavit prepared and served per CRC 3.1362 unless the court orders otherwise.

Unless otherwise ordered by the court, a motion to withdraw as attorney of record shall be in writing and shall include a signed affidavit prepared and served in compliance with California Rule of Court, rule 3.1362.

CRITICAL

Applies to

Answer to request to correct or cancel judgment

The answer to a small claims request to correct or cancel judgment must be filed using Judicial Council form SC-108 (page 2).

The party answering the request to correct or cancel a judgment must file the answer using a Request to Correct or Cancel Judgment and Answer (Small Claims) (Judicial Council form SC-108 (page 2)).