Sacramento Superior Court Document Filing Requirements

WARNINGCivil cases

Applies to

Paga early evaluation confidential statement

Confidential PAGA EEC statements and supporting evidence submitted to the EEC department must be clearly marked "CONFIDENTIAL MATERIALS RELATED TO PAGA EARLY EVALUATION CONFERENCE. NOT TO BE FILED."

For EECs that are conducted by the court, the confidential statements and supporting evidence described in Labor Code sections 2699.3(f)(3)(B), (C), and (E) shall be submitted by email or lodged submission only to the department in which the EEC is calendared. The materials emailed or lodged shall be clearly marked "CONFIDENTIAL MATERIALS RELATED TO PAGA EARLY EVALUATION CONFERENCE. NOT TO BE FILED."

WARNING

Applies to

Mediation program statement

Counsel must certify a good faith belief in the accuracy of the Mediation Program Statement and certify knowledge of the mediation rules.

Counsel shall certify good faith belief in the accuracy of the information provided and shall certify knowledge of the requirements of these rules.

WARNING

Applies to

Local form PR/E-LP-002

All parties appearing in a contested matter must serve and file local form PR/E-LP-002.

All parties to a contested matter who make an appearance shall serve and file local form PR/E-LP-002.

WARNING

Applies to

Request for approval of fees

Fee approval requests must comply with CRC 7.776, categorize services with hourly rates and hours, and state total hours and fees.

Requests for approval of fees shall comply with California Rules of Court, Rule 7.776 and shall categorize the services performed and state the hourly rate, hours performed and amount of fees rendered for each category of services. Each request shall also include a statement of the total hours and total amount of fees incurred for the accounting period.

WARNING

Applies to

Filing

The filing party must notify the court of Public Defender or County Counsel involvement at the time of filing.

The filing party shall notify the court of the Public Defender or County Counsel’s involvement at the time of the filing.

WARNING

Applies to

Charging document

Prosecuting agency must include specified identifying numbers and the court/team designation in the upper-right corner of the first page of all charging documents.

The prosecuting agency shall place the following information in the upper-right corner of the first page of all original and amended charging documents: (1) The arresting agency report number; (2) The arrest or booking number as determined by the Sacramento County Sheriff's Department; (3) The defendant's cross-reference number as determined by the Sacramento County Sheriff's Department; (4) The court or team designation sufficient to identify in which court the matter will be filed.

WARNING

Applies to

Documents filed by public entity

Filing a digitally signed document constitutes a representation that the signer's certificate is maintained and will be produced to the Court upon request.

A party who files a document containing a digital signature under this Standing Order represents that the signer’s certificate or similar verification document is maintained in the party’s possession or control, and is subject to production upon request from the Court.

WARNING

Applies to

Pre trial statement

Each party must prepare, serve, and file a detailed pre-trial statement for the JDSC that includes terms of any proposed settlement, and counsel must consult with their clients before submitting it.

Unless otherwise ordered by the Court, each party shall prepare, serve, and file a pre-trial statement. The statement shall be sufficiently detailed to enable the judicial officer to conduct meaningful settlement discussions and shall include terms of any proposed settlement. All counsel must consult with their clients prior to submitting the statement, and shall be prepared to discuss all aspects of the case at the JDSC date.

WARNING

Applies to

Motion to augment correct record

Motioins to augment or correct the record must specifically identify each paper, record, or exhibit requested and/or identify by subject, date, and department the transcript portion sought.

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

WARNING

Applies to

Motion to augment correct record

Motioins to augment or correct the record must state good cause for omission and identify prior augmentation motions granted or denied after the notice of appeal.

All motions for augmentation and/or correction of the record pursuant to California Rules of Court, rule 8.841, rule 8.873 and rule 8.923, shall set forth facts showing: (1) good cause why the materials have not been included in the record on appeal; and (2) any previous motions for augmentation or additions to the record granted or denied to any party after filing of the notice of appeal.

WARNING

Applies to

Settlement conference statement

In personal injury cases, counsel must bring all examining doctors' reports and records, include a current, itemized, totaled, and categorized list of special damages in the Settlement Conference Statement, and have corroborating evidence at the conference.

The attorney(s) for each party claiming damages for personal injuries (including psychological injuries) shall bring all reports and records of all examining doctors to the conference, shall include a list of all special damages claimed in the settlement conference statement, and shall have corroborating evidence at the settlement conference for examination by the Supervising Settlement Judge and the settlement conference temporary judge. In personal injury actions, the special damages for each plaintiff shall be current, listed separately, totaled, and categorized as health care (including medical, hospital, ambulance, and drugs) and loss of earnings, if any.

WARNINGCivil cases

Applies to

Cmc appearance

Counsel and self-represented parties appearing at the CMC must be thoroughly familiar with the case and prepared to discuss and commit to their positions.

Counsel for each party and each self-represented party who appears at the CMC shall be thoroughly familiar with the case, and must be prepared to discuss and commit to the party's position on the issues outlined in # 1 above.

WARNING

Applies to

Guardianship final account

The guardianship final report or account must describe the remaining assets to be distributed to the ward.

The final report and/or account shall include a description of the remaining assets on hand to be distributed to the ward.

WARNING

Applies to

Declaration requesting msc exemption

A declaration requesting exemption from the Mandatory Settlement Conference Program must state the grounds for the exemption.

The declaration shall state the grounds for the exemption.

WARNING

Applies to

Court ordered trust

Trusts created by Probate Court order for minors or incompetent adults will ordinarily be required to include provisions requiring a trustee bond, prior court approval for gifting/borrowing/loans/sales and fee payments, payment of court-approved investigation and administration costs, and prior court approval for advisory committee appointments and fees.

A trust created by order of the Probate Court for the benefit of a minor or incompetent adult pursuant to Probate Code section 2580 et seq., section 3100 et seq. or section 3600 et seq. will ordinarily be required to contain the following provisions to be effective during the lifetime of the incompetent adult or during the minor’s minority. (1) Trustee must post bond for assets and income of the trust. (2) Trustee shall obtain prior court approval for gifting, hypothecation, borrowing, loans, and sales of assets as would be required by a guardian or conservator of the estate. (3) Prior court approval shall be required for payments of fees to attorneys, conservators, guardians and trustees. (4) The trust shall pay for court approved court investigation costs, fees for guardians, conservators, their attorneys and court-appointed counsel as well as other costs of administration approved by the court. (5) Prior court approval shall be required for appointment of advisory committee members and for requested fees.

WARNING

Applies to

Child custody visitation pleading

Child custody/visitation pleadings must include a Family Law Case Demographics Information Sheet for Child Custody/Visitation (local form ME-811).

Pleadings involving child custody and visitation disputes, shall be filed with the clerk of the court in the Office of Family Court Services, room 104, and shall include a Family Law Case Demographics Information Sheet for Child Custody/Visitation (local form ME-811).

WARNING

Applies to

Objection

A response objecting that discovery violates CCP section 94 must specifically set forth how the discovery violates that section; failure to timely object waives the objection.

If discovery is sought in violation of Code of Civil Procedure section 94, it is a sufficient response to object on the ground of violation of that section, setting forth specifically the manner in which the discovery sought violates that section. Failure to timely so object will be deemed a waiver of such objection.

WARNING

Applies to

Certificate

Short-cause civil trials are set for trial by judicial order after review of a Limited Civil Case Status Memorandum or upon filing a Certificate per Local Rule 2.52.

All short-cause civil trials shall be set for trial either by judicial order after review of a Limited Civil Case Status Memorandum or upon filing a Certificate in compliance with Local Rule 2.52.

WARNING

Applies to

Proposed order

If the directed party fails to prepare the order, any other party may prepare and submit it with the minute order and a cover letter.

If the party directed by the court to prepare a Findings and Order After Hearing fails to prepare and submit the order as required by subsection (a) above, any other party may prepare and submit the order, together with a copy of the court's minute order from the hearing and a cover letter advising the court of the failure of the party directed to prepare the order to so prepare the order, to the court for entry.

WARNING

Applies to

Exhibits

Must include

caption, case number

Electronic exhibits must be labeled with the case number, case title, and exhibit number/letter designation and must include a declaration describing the medium's contents.

All exhibits submitted in an electronic medium must be labeled with the case number, case title and exhibit number/letter designation and be accompanied by a declaration providing a general description of the contents of the medium.

WARNING

Applies to

Stipulation

A stipulation to establish or modify child support for a child receiving public assistance must be approved and signed by an authorized representative of the local child support agency.

A stipulation to establish or modify child support payable for a child receiving public assistance shall be approved and signed by an authorized representative of the local child support agency of the county providing public assistance, or of the county in which the existing child support order is registered.

WARNING

Applies to

Objection

Objections to calendared matters must not include requests for affirmative relief (except surcharge on an account); such requests require a separate noticed petition.

A request for affirmative relief, other than a request for surcharge on an account, shall not be included in an objection to matters on calendar and shall not be considered except upon filing a separate petition, calendared for hearing and noticed as required by law.

WARNING

Applies to

Rehearing application

Represented parties must have rehearing applications filed by their attorney of record, not by the child, parent/guardian, or social worker personally.

If represented by counsel, the application must be filed by the attorney of record and not by the child, parent/guardian, or social worker personally.

WARNING

Applies to

Ex parte application for restoration of former name

When filing FL-395, counsel or the party must also submit a single copy of the entered judgment; the copy need not be attached and may be discarded by the court after processing.

When filing an Ex Parte Application for Restoration of Former Name After Entry of Judgment and Order (FL-395) the filing counsel or party shall also submit a single copy of the judgment that was entered. The copy of the judgment is to assist the court in processing the application and does not need to be attached to the application. After processing of the application, the copy of the judgment may be discarded by the court.

WARNING

Applies to

Discovery motion

Motions to compel or limit discovery in which relevancy is at issue must include a synopsis of each pertinent cause of action and defense so the court need not read the pleadings.

Where an order compelling or limiting discovery is sought, and relevancy to the subject matter is in issue, the moving papers shall set forth a synopsis of each pertinent cause of action and each defense in a manner sufficient that it will not be necessary for the court to read the pleadings.

WARNING

Applies to

Petition for approval of trust accounting

Trustees must explain how reasonable fees were calculated when authorized by the trust or Probate Code section 15681.

If “reasonable fees” are authorized by the trust or if compensation is paid based on Probate Code section 15681, the trustee shall set forth how the “reasonable fee” was calculated. Trustee fees which are provided in the Trust instrument subject to review and determination of the court shall also set forth how the fees were calculated.

WARNING

Applies to

Petition for guardianship

Guardianship petitions must allege whether the minor has been or is a party to a civil action claiming monetary damages and, if so, state the action's file number and court (UCCJEA Declaration, Form FL-105).

Petitions for guardianships shall contain an allegation as to whether or not the minor(s) has been or is a party to a civil action in which monetary damages are claimed. If the minor(s) is such a party, the file number of the action shall be indicated, as well as the name of the court in which the case is pending (Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Judicial Council form FL-105)).

WARNING

Applies to

Petition

Petitions must list the names, addresses, and notice-entitling status of all persons entitled to notice.

In all petitions, the names and addresses of the persons entitled to notice shall be set forth along with the status entitling the person to notice (e.g., "heir," "beneficiary," or "filed request for special notice").

WARNING

Applies to

Pleading

Self-represented litigants' name, address, and phone number must appear at the top of all filed pleadings.

The name, address and phone number of the litigant who is representing him/herself must appear at the top of all filed pleadings.

WARNING

Applies to

Request for exemption from mandatory electronic filing

Must include

proposed order

An attorney requesting an e-filing exemption must file with the clerk's office a Request for Exemption on JCC form EFS-007 with a Proposed Order on JCC form EFS-008.

An attorney requesting an exemption shall file with the clerk’s office and serve on all parties a Request for Exemption from Mandatory Electronic Filing and Service (JCC form EFS-007) with a Proposed Order (JCC form EFS-008).

WARNING

Applies to

Application for order of examination

Applications for orders of examination must include a file-endorsed copy of the Judgment as an exhibit if the judgment was entered before November 13, 2007.

A file-endorsed copy of the Judgment, if entered prior to November 13, 2007, shall be submitted as an exhibit to the application.

WARNING

Applies to

Proposed judgment

The proposed judgment form must be a separate document from the written stipulation for judgment, though a copy may be attached as an exhibit or incorporated by recital.

If the parties enter into a written stipulation for judgment, the form of the proposed judgment to be signed and filed shall be a separate document. A copy thereof may be attached as an exhibit to, or incorporated by recital in, such stipulation.

WARNING

Applies to

Prisoner appearance request

DCFAS must prepare and submit form JV-450 and a blank JV-451 at the Welf. & Inst. Code § 366.26 status review hearing when termination of parental rights is or may be at issue.

Department of Child, Family and Adult Services (DCFAS) shall prepare and submit an Order for Prisoner’s Appearances at Hearing Affecting Parental Rights (form JV-450) and blank Prisoner’s Statement Regarding Appearances at Hearing Parental Rights (form JV-451) at the Welfare and Institutions Code Section 366.26 Status Review Hearing when termination of parental rights is or may be at issue.

WARNING

Applies to

Electronic filing

A party who electronically submits a document for filing represents that a signed copy of the document is in their possession or control. At any time after filing or service of an electronically submitted document, the court, or any party to the action, may require the filing party to produce the signed copy of the filed document.

A party who electronically submits a document for filing represents that a signed copy of the document is in their possession or control. At any time after filing or service of an electronically submitted document, the court, or any party to the action, may require the filing party to produce the signed copy of the filed document.

WARNING

Applies to

Petition for conservatorship

Conservatorship petitions must include the proposed conservator's rap sheet and fingerprint live scan.

When filing any Petition for Conservatorship, the filing counsel or party shall submit a rap sheet and a fingerprint live scan for the proposed conservator.

WARNING

Applies to

Motion

A party joining another party's motion must comply with all motion-filing procedural requirements (filing fees, notice, format, and service) or the papers will not be treated as a separate motion and no relief will be granted.

If a party desires to receive the same relief as another party and files papers "joining" another party's motion, the court will not consider the papers to be a separate motion and will not grant relief to the party joining the motion unless that party has complied with all procedural requirements for the filing of motions, including payment of filing fees, proper notice, format of motion and method of service.

WARNING

Applies to

Amended complaint cross complaint

Must include

caption

Amended complaints and cross-complaints must list all party names in the case caption or in an addendum.

(A) A party filing an amended complaint or cross-complaint shall list the names of all parties in the case caption or include an addendum to the document listing all party names.

WARNING

Applies to

Local form

Mandatory local civil forms must be used whenever applicable, using the current version available on the Court's website.

Local forms adopted for mandatory use shall, whenever applicable, be used. The current version of each of these forms is available for viewing and downloading on the Courts website.

WARNING

Applies to

Order to produce state prisoner testimony

Requests for an Order to Produce State Prisoner must include the specific hearing type and a declaration showing the testimony is material and necessary.

Requests for an Order to Produce State Prisoner to Testify shall be submitted to the assigned department. The application shall contain: (a) The specific type of hearing at which the witness’s attendance is requested, and (b) A declaration showing the testimony is material and necessary.

WARNING

Applies to

Medical authorization order

Medical authorization orders must be submitted on the Court Order for Medical Authorization (local form JC/E-670).

An order for medical authorization shall be submitted on the Court Order for Medical Authorization (local form JC\E-670), a copy of which is available on the Court's website and at the appropriate Juvenile Court filing counter.

WARNING

Applies to

Discovery motion

Motions seeking monetary sanctions under the Civil Discovery Act must state in the notice of motion that sanctions are sought and against whom, and must be supported by appropriate legal authority.

When seeking monetary sanctions under the Civil Discovery Act, the requesting party must so state in the notice of motion, and state against whom sanctions are sought. The request must be supported by the appropriate legal authority (e.g., interrogatories, Code of Civil Procedure section2030.290.)

WARNING

Applies to

Appellate filing

Must include

captioin

All Appellate Division documents must include the full case title identifying all parties, the attorney's address and California bar number, and the party represented.

All documents filed with the Appellate Division shall include: (1) the full case title specifically identifying all parties; (2) the attorney’s address and California state bar number; and (3) which party in the action the attorney represents.

WARNING

Applies to

Motion to withdraw

Motions to withdraw should be noticed and calendared for the same day, time, and department as the next scheduled hearing when possible.

The motion shall be noticed and calendared, if possible, for the same day, time, and department as the next scheduled hearing.

WARNING

Applies to

Digital evidence

Parties presenting digital evidence must comply with the court's Digital Evidence policy.

Parties presenting digital evidence must comport with the court’s Digital Evidence policy. The policy is located on the court’s website on the Exhibits webpage.

WARNING

Applies to

Judgment

Judgment forms submitted for the trial judge's signature must show full party names in their pleading capacities, use names as they appear in the pleadings (or obtain an amendment order), and include a blank space for costs unless costs are already fixed.

In drafting forms of judgment for the trial judge to sign, counsel shall: (A) Clearly show the full names of the parties for whom, and against whom, the judgment is rendered, including their capacities as plaintiffs, defendants, cross-complainants and cross- defendants. (B) Refer to such full names as they appear in the pleadings, or obtain an order amending the pleadings in respect to such names. (C) Unless costs have already been awarded in a specific amount, leave a blank space for insertion of any costs, as follows: " . . . and costs in the sum of

WARNING

Applies to

Discovery motion

Discovery motions in limited civil cases must comply with Code of Civil Procedure section 94 et seq. where applicable.

Motions regarding discovery in limited civil cases shall comply with Code of Civil Procedure section 94 et seq., if applicable.

WARNING

Applies to

Default judgment

Default judgments requested by affidavit under CCP 585(d) must be submitted to the courtroom clerk in the law and motion department; if the court requires personal testimony, the moving party must arrange a hearing date with the clerk.

If a default judgment is requested by affidavit pursuant to Code of Civil Procedure section 585(d), the request and accompanying declarations shall be submitted to the courtroom clerk in the appropriate law and motion department. If, after reviewing the materials submitted, the court determines that personal testimony is required, the clerk shall so advise the moving party. If testimony is required, the moving party must notify the law and motion clerk to arrange a hearing date.

WARNING

Applies to

Statement of issues and contentions

The original and two copies of the Statement must be presented to the courtroom clerk in Department 128; the original is filed 20 days before the MSC and the two copies are endorsed and retained by the court.

The original and two copies of the Statement of Issues and Contentions shall be presented to the courtroom clerk in Department 128 for filing and endorsement. The original Statement of Issues and Contentions shall be filed 20 days prior to the Mandatory Settlement Conference. The two copies shall be endorsed and retained by the court for use by the settlement conference temporary judges.

WARNING

Applies to

Petition under probate code 3410

Petitions under Probate Code § 3410 et seq. must be filed as separate proceedings in the minor's name and state jurisdictional facts, the fund holder, amount to be paid, fees/costs, payee, and where net proceeds will be deposited.

Petitions filed under Probate Code section 3410 et seq. shall be filed in a separate proceeding under the name of the minor, and shall set forth jurisdictional facts and state the current holder of the funds, amount to be paid, requested amount of fees and costs and to whom and the net proceeds to be deposited in a specific bank or savings and loan association in the manner provided by law.

WARNING

Applies to

Written confirmation

Before trial, parties must file written confirmation that all objecting parties have exchanged copies of exhibits to be offered into evidence, excluding rebuttal or impeachment exhibits.

File written confirmation that each of the objecting parties has exchanged copies of all exhibits which may be offered in evidence, except exhibits that will be used for rebuttal or impeachment.