Sacramento Superior Court Document Filing Requirements

CRITICAL

Applies to

Jury instructions

On the first day of trial, parties must submit to the assigned trial judge a fully completed set of agreed jury instructions and all disputed jury instructions.

On the first day of trial, the parties shall submit to the assigned trial judge in electronic (word) form: (1) a fully completed set of agreed upon jury instructions; and (2) all jury instructions that the parties cannot agree upon.

CRITICAL

Applies to

Petition for special administrator

A special administrator petition seeking authority to defend suits or negotiate claims must request general powers unless it states good cause why notice to creditors under Probate Code §9050 is unnecessary.

If the petition for special administrator requests authority to defend suits or negotiate claims against the estate, then the petition shall pray for general powers, unless good cause is stated why notice to creditors pursuant to Probate Code section 9050 will not be necessary.

CRITICAL

Applies to

Pre trial statement

Each party must prepare, serve, and file a pre-trial statement whenever a matter is scheduled for a pre-trial conference, unless the court orders otherwise.

Unless otherwise ordered by the court, any time a matter is scheduled for a pre-trial, each party shall prepare, serve, and file a pre-trial statement in conformity with the rules of this chapter.

CRITICAL

Applies to

Petition for approval of trust advisory committee

A petition requesting approval of a trust advisory committee must set forth each member's qualifications or relationship and expertise, if any, with federal/state public benefit programs (e.g., SSI, Medi-Cal).

A petition that includes a request for approval of a trust advisory committee shall set forth the member’s qualifications or relationship and his/her expertise, if any, with federal/state public benefit programs (i.e., S.S.I., Medi- Cal).

CRITICAL

Applies to

Order admitting will

A copy of the lost Will must be attached to the order admitting the Will to probate.

A copy of the lost Will shall be attached to the order admitting the Will to probate.

CRITICAL

Applies to

Consent of testamentary trustee

A testamentary trustee's consent to act must be filed before the hearing on the petition for distribution.

When distribution is to be made to a testamentary trustee, the consent of the trustee to act shall be filed prior to the hearing on the petition for distribution.

CRITICAL

Applies to

Memorandum to set

To set a case for trial, a party must file a Memorandum to Set (FL/E-LP-625) after satisfying five prerequisites: responsive pleading on file, Preliminary Declarations of Disclosure served/received or waived, discovery responses provided, and meet-and-confer on MSC and trial dates.

A party may set all issues in a case for trial by filing a Memorandum to Set (Family Law) (local form FL/E-LP-625). Prior to filing the Memorandum to Set, the filing party shall have: (1) Verified that a Response, Answer, or other responsive pleading is filed in the case; (2) Served the Preliminary Declaration of Disclosure on all other parties to the action; (3) Received a copy of the other party’s Preliminary Declaration of Disclosure or has obtained a waiver pursuant to Family Code section 2107; (4) Provided responses to discovery propounded under the Discovery Act, excepting that discovery properly objected to; and (5) Met and conferred, or attempted to meet and confer, with all other parties to determine agreed upon Mandatory Settlement Conference and Trial dates.

CRITICAL

Applies to

Statement of issues and contentions

The Statement of Issues and Contentions must identify each disputed issue, the party's contention, and supporting legal authority, without extensive argument.

The Statement of Issues and Contentions shall identify each issue in dispute, the contention of the party as to each issue in dispute, and the legal authority supporting the party's contention, excluding extensive argument.

CRITICAL

Applies to

Settlement agreement

Settlements in unlimited civil cases must be placed on the record before a court reporter or reduced to a signed court form, with the settlement entered by minute order and enforceable under CCP 664.6.

In all conferences resulting in settlement of an unlimited civil case, the terms thereof shall be placed on the record and recorded by a court reporter or shall be reduced to writing on a form provided by the court and signed by all necessary parties and the fact of the settlement shall be entered by minute order. All such settlements shall be deemed enforceable pursuant to Code of Civil Procedure section 664.6.

CRITICAL

Applies to

Conservatorship petition

Each proposed conservatee must have a separate case number and separate petition unless the court orders otherwise.

Absent a court order, separate case numbers shall be required for all proposed conservatees. A separate petition for each proposed conservatee is required.

CRITICAL

Applies to

Petition

If transmutation of ownership is based on a written document, a copy must be filed with the petition.

If there is an alleged transmutation of ownership interests based on a written document, a copy of the document shall be filed with the petition.

CRITICAL

Applies to

Petition

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

In a proceeding to determine ownership of property under Probate Code section 850 et seq. or section 17200 et seq., the petition shall set forth the form of record title and character of ownership at all relevant times.

CRITICAL

Applies to

Settlement conference statement

Parties may not stipulate to waive the requirement to file a Settlement Conference Statement.

The parties may not stipulate to waive the requirement of filing a Settlement Conference Statement.

CRITICALCivil cases

Applies to

Petition for writ of mandate

Election Writ petitions must state the statutory or agency deadline by which the Court must take final action on the merits.

for an Election Writ must also contain the deadline imposed by the applicable statute or agency (such as the Secretary of State, Sacramento County Office of the Registrar of Voters, etc.) by which the Court must take final action on the merits of the petition.

CRITICAL

Applies to

Motion to tax costs

Motions to tax costs must attach a copy of the memorandum of costs, except for matters subject to the Electronic Filing Program.

Except as to matters subject to the Electronic Filing Program, all motions to tax costs must have a copy of the memorandum of costs attached.

CRITICAL

Applies to

Ex parte medical request

Requests for medical, surgical, dental, or other remedial care may be presented ex parte only when the minor is not a ward and an objecting parent/guardian received notice of the request and hearing, or when the minor is a ward of the court.

Requests for authorization for medical, surgical, dental or other remedial care may be presented to the court on an ex parte basis only in the following circumstances: (1) The minor is not a ward of the court and a parent, guardian, or person standing in loco parentis has been contacted and objects to, or is unwilling to authorize, the provision of care found to be medically necessary and the person objecting to the care has been given notice of the ex parte request and the date and time that a hearing is requested to obtain the order; (2) The minor is a ward of the court.

CRITICAL

Applies to

Petition to include proposed distribution

When a distribution issue is presented, the petition must fully set forth the issue and apparent alternative resolutions for the court's consideration.

Where an issue concerning distribution is presented, the petition shall fully set forth that issue including apparent alternative resolutions for the court's consideration. Distribution issues include interpretation of the Will, validity of a testamentary trust or its provisions, issues of heirship or intestate succession.

CRITICAL

Applies to

Order authorizing withdrawal of funds

Orders authorizing withdrawal and transfer of funds between financial institutions must contain the language set forth in CRC rule 7.953(a) and must provide that the withdrawal draft is payable to the receiving financial institution for deposit in a blocked account.

Any order authorizing the withdrawal of funds for the purpose of transferring said funds from one financial institution to another shall contain the language set forth in California Rules of Court, rule 7.953(a) and shall further provide that the draft of the institution from which the funds are withdrawn shall be payable to the financial institution to which the funds are to be transferred for deposit in a blocked account.

CRITICAL

Applies to

Declaration of personal representative

If a family allowance petition is not filed by the personal representative, the personal representative must file a declaration of the estate's current assets and liabilities before the hearing.

If the petition is not filed by the personal representative, prior to the hearing on the petition, the personal representative shall file a declaration setting forth the current assets and liabilities of the estate.

CRITICAL

Applies to

Petition for account approval

Petitions for account approval must include a report affirmatively addressing Probate Code sections 1063(g) and 1064(a) and (b).

A petition for approval of an account shall include a report affirmatively addressing Probate Code section 1063(g) and section 1064(a) and (b).

CRITICAL

Applies to

Request for entry of default

Requests for entry of default must be accompanied by the original summons and proof of service (or filed endorsed copies); in specified cases the summons must be provided before default is entered.

Requests for Entry of Default must be accompanied by either the original summons and proof of service for filing or filed endorsed copies. On cases where the complaint was filed prior to January 1, 2006, or if the original summons was issued and given to filing party at the time of filing, said summons (or file endorsed copy) must be provided prior to entry of default.

CRITICAL

Applies to

Motion to withdraw

Motions to withdraw must include identifying information about the children, case numbers, client, client status, next hearing, and home court department.

The motion must include the full name(s) of the child(ren), the case number(s), the full name of the client, the client’s status in the case (e.g., child, parent, guardian, de facto parent), the date and type of the next scheduled hearing, and the home court department.

CRITICAL

Applies to

Ex parte application

Ex parte applications may be submitted on Juvenile Ex Parte Application and Declaration Re Notice (local form JC/E-335), a copy of which is available on the Court’s website.

Ex parte applications may be submitted on Juvenile Ex Parte Application and Declaration Re Notice (local form JC/E-335), a copy of which is available on the Court’s website.

CRITICAL

Applies to

Notice of motion

All Notices of Motion must include the advisory language from Local Rule 1.06(D); failure to do so may result in the motion being dropped or continued.

All Notices of Motion shall include the advisory language contained in Local Rule 1.06(D). Parties are advised that failure to provide this advisory language in the Notion of Motion may, in the Court’s discretion, constitute good cause for the motion to the dropped or continued.

CRITICAL

Applies to

Motion

The following motions shall be deemed filed, served and granted unless good cause is otherwise shown by counsel's declaration and request for hearing: (1) motions to exclude all non-party witnesses until called to testify; (2) motions to exclude all reference to settlement negotiations, mediation, and materials related thereto that are privileged under the California Evidence Code; (3) motions to exclude all reference to insurance, or the fact that an attorney is employed by, or has been compensated by, an insurance company; (4) motions to exclude all evidence of, or reference to, other claims or actions against any party to the litigation; and, (5) motions to exclude all reference to the financial position or wealth, or lack thereof, of any party to the litigation.

The following motions shall be deemed filed, served and granted unless good cause is otherwise shown by counsel's declaration and request for hearing: (1) motions to exclude all non-party witnesses until called to testify; (2) motions to exclude all reference to settlement negotiations, mediation, and materials related thereto that are privileged under the California Evidence Code; (3) motions to exclude all reference to insurance, or the fact that an attorney is employed by, or has been compensated by, an insurance company; (4) motions to exclude all evidence of, or reference to, other claims or actions against any party to the litigation; and, (5) motions to exclude all reference to the financial position or wealth, or lack thereof, of any party to the litigation.

CRITICAL

Applies to

Request to correct or cancel judgment

In small claims matters, a request to correct or cancel a judgment must be filed on Judicial Council form SC-108 (page 1) with form SC-108(A).

In small claims matters, the parties submitting a request to correct or cancel a judgment must file using a Request to Correct or Cancel Judgment and Answer (Small Claims) (Judicial Council form SC-108 (page 1)) and must also include the Order on Request to Correct or Cancel Judgment (Small Claims) (Judicial Council form SC-108(A)).

CRITICAL

Applies to

Petition private mediation

Must include

proposed order

Written notice of a request for private mediation shall be made by filing a Petition for Private Child Custody Recommending Counseling (local form FL/E-LP-601), together with an Order for Private Child Custody Recommending Counseling (local form FL/E-LP-603), a Declaration of Private Child Custody Recommending Counselor Regarding Qualifications (local form FL/E-FR-411) for each mediator proposed in the Petition, and a Proof of Personal Service (Judicial Council form FL-330).

Written notice of a request for private mediation shall be made by filing a Petition for Private Child Custody Recommending Counseling (local form FL/E-LP-601), together with an Order for Private Child Custody Recommending Counseling (local form FL/E-LP-603), a Declaration of Private Child Custody Recommending Counselor Regarding Qualifications (local form FL/E-FR-411) for each mediator proposed in the Petition, and a Proof of Personal Service (Judicial Council form FL-330).

WARNING

Applies to

Application for appointment of guardian ad litem

When an application is made for appointment of a guardian ad litem and the nominee for appointment is a plaintiff in the same action with the ward or in some manner was a participant in the transaction or occurrence giving rise to the alleged injury to the ward, the nominee will ordinarily not be appointed unless the application is accompanied by: (A) A declaration under penalty of perjury setting forth facts establishing that no other parent, relative, or friend can or will accept the appointment of guardian ad litem for the minor in the action; and (B) A declaration under penalty of perjury by the attorney for the nominee stating that the attorney, having investigated the circumstances, has represented to the nominee and represents to the court that there is no conflict of interest between the nominee and the minor if the nominee is appointed the guardian ad litem.

When an application is made for appointment of a guardian ad litem and the nominee for appointment is a plaintiff in the same action with the ward or in some manner was a participant in the transaction or occurrence giving rise to the alleged injury to the ward, the nominee will ordinarily not be appointed unless the application is accompanied by: (A) A declaration under penalty of perjury setting forth facts establishing that no other parent, relative, or friend can or will accept the appointment of guardian ad litem for the minor in the action; and (B) A declaration under penalty of perjury by the attorney for the nominee stating that the attorney, having investigated the circumstances, has represented to the nominee and represents to the court that there is no conflict of interest between the nominee and the minor if the nominee is appointed the guardian ad litem.

WARNING

Applies to

Grievance

A CASA volunteer may file a grievance with the Presiding Judge only after exhausting the CASA program's grievance process and certifying that exhaustion in the grievance.

A CASA volunteer may file a grievance regarding the CASA program with the Presiding Judge of the Juvenile Court if the volunteer has exhausted the CASA program's grievance process and certifies that fact in the grievance filed with the Presiding Judge of the Juvenile Court.

WARNING

Applies to

Mediation program statement

The Mediation Program Statement and supporting material must be detailed enough to allow the mediator to facilitate meaningful negotiations.

The statement and supporting material must be sufficiently detailed to enable the mediator to facilitate meaningful negotiations.

WARNING

Applies to

Document drop off sheet

The moving party must provide the court with current telephone numbers and email addresses for all parties and their attorneys using form FL/E-LP-668.

Provide the court with current telephone numbers and emails addresses for all parties and their attorney’s using the Document Drop-Off Sheet for Domestic Violence and Ex Parte Applications form (FL/E-LP-668). This will allow the court to contact all parties if they need to appear for a hearing.

WARNING

Applies to

Notice of motion or hearing

All notices of motions or hearings in writ proceedings must include the tentative ruling language set out in Local Rule 1.06.

All notices of motions or hearings must contain the tentative ruling language in Local Rule 1.06.

WARNING

Applies to

Request to vacate casa appointment

A request by the CASA program to vacate its appointment must include a statement of cause.

Any request by the CASA program to vacate the appointment of the program shall be accompanied by a statement of cause.

WARNING

Applies to

Pre trial statement

Pre-trial statements must be sufficiently detailed to allow the judicial officer to conduct a meaningful pre-trial conference.

The statement shall be sufficiently detailed to enable the judicial officer to conduct a meaningful pre-trial conference.

WARNING

Counsel must provide the court a copy of any non-California authority relied upon upon the court's request, including out-of-state statutes and cases, AG opinions, ordinances, law review articles, and federal cases other than U.S. Supreme Court decisions.

If counsel relies on other than California state statutory or case authority, a copy of such authority shall be provided upon request of the court. This rule applies to Attorney General opinions, local ordinances, law review articles, citations to other state cases and statutes, and to all federal cases, other than United States Supreme Court decisions.

WARNINGCivil cases

Applies to

Joint case management statement

The joint CMC Statement must itemize and report all matters discussed during the meet-and-confer session.

All matters discussed during the meet-and-confer session shall be itemized and reported in the joint CMC Statement.

WARNING

Applies to

Settlement conference statement

Waiver of settlement conference rules is disfavored and requires good cause, and settlement conference statement requirements under subdivision (D) cannot be waived absent extraordinary circumstances.

Waiver of the provisions of this chapter is disfavored. However, the court may, in its discretion, waive any provisions for good cause; provided that the court shall not waive the provisions of subdivision (D) relating to settlement conference statements in the absence of extraordinary circumstances.

WARNING

Applies to

Case management document

All CMP case management documents must include the date, time, and department where the matter is set for hearing.

All program case management documents shall include the date, time, and department where the matter is set for hearing.

WARNING

Applies to

Order

Trust-related orders must include the names of current beneficiaries and their dates of birth when distributions are conditioned on age.

In addition to the requirements of California Rules of Court, rule 7.650(b), the names of current beneficiaries of the trust, along with their dates of birth if distributions are conditioned upon the beneficiaries having attained certain ages, shall be included in the order.

WARNING

Applies to

Document

Documents must include the attorney's bar number, firm name, address, email address, and telephone number as part of the document.

number, firm name, address, email address, and telephone number are included as part of the document.

WARNING

Applies to

Writ of execution or abstract of judgment

Except in matters subject to the Electronic Filing Program, a file-endorsed copy of the judgment(s) and memos of costs must be submitted to obtain a writ of execution/possession or abstract of judgment.

Except as to matters subject to the Electronic Filing Program, a file-endorsed copy of the judgment(s) and memos of costs, if applicable, shall be submitted for issuance of writ of execution or possession and/or abstract of judgment.

WARNING

Applies to

Complaint

Complaints about minor's counsel performance must be in writing.

The complaint shall be in writing and copies of the complaint shall be served on all parties.

WARNING

Applies to

Amended pleading

Amended pleadings must generate a new hearing date, provided at filing.

All amended pleadings and amendments to pleadings shall generate a new hearing date, which will be provided at filing.

WARNING

Applies to

Trust accounting

Trust accountings must categorize receipts and disbursements into sub-schedules for income sources or payees with more than twelve entries.

A schedule for receipts and for disbursements shall be categorized into sub- schedules reflecting the particular income sources or payees from whom there are more than twelve entries per accounting period.

WARNING

Applies to

Pleading

Pleadings for a pending hearing must show the hearing date, time, and department number under the case number on the first page; if no hearing is set, the pleading must state 'No Hearing.'

All pleadings filed for use at a pending hearing shall bear the date and time of the hearing, and department number in which the hearing is set, under the case number on the first page of the pleading. If a hearing is not set, the pleading shall bear the words "No Hearing."

WARNING

Applies to

Declaration

A party requesting waiver of notice for emergency orders must file a written declaration.

A party may ask the court to waive notice to all parties and their attorneys of the request for emergency orders. To make the request, the party must file a written declaration

WARNINGCivil cases

Applies to

Declaration

Good cause for shortened notice on an Election Writ merits hearing may be established by a declaration filed concurrently with the verified petition.

Absent a showing of good cause, which may be established by declaration filed concurrently with the verified petition, the Court will not set a merits hearing for an Election Writ on less than four court days’ notice to the respondent(s) and any real party(ies) in interest.

WARNING

Applies to

Application for conditional release

The application for conditional release must include a recitation of relevant facts, a recommendation, and a copy of the Probation Department Intake Sheet.

The application to the judicial officer shall consist of a recitation of relevant facts and a recommendation that a conditional release should be granted. The application shall be accompanied by a copy of the Probation Department Intake Sheet.

WARNING

Applies to

Red light camera statement

For automated enforcement citations, trial by declaration requires completion of a Red Light Camera Statement Regarding Identification admitting driver identity for trial by declaration only.

Trial by declaration shall be permitted for any citation issued by an automated enforcement system, except where identification of the driver is being contested. The defendant must complete a Red Light Camera Statement Regarding Identification indicating that, for the purpose of a trial by declaration only, they are not contesting the allegation that they were the driver of the vehicle pictured in the automated enforcement photograph.

WARNING

Applies to

Petition for approval of trust accounting

Petitions for approval of trust accountings with fee disbursements must include a declaration supporting the fees.

A petition for approval of a trust accounting that includes disbursements for trustee fees or attorney fees shall include a declaration to support the payment of fees stated in the accounting.