Sacramento Superior Court Document Filing Requirements

WARNING

Applies to

Motion for attorney fees

Court-appointed attorneys must request payment for compensation and expenses by filing a Motion for Attorney Fees.

An attorney appointed by the court pursuant to Probate Code section 1470 and section 1471 shall request payment for compensation and expenses by filing a Motion for Attorney Fees.

WARNING

Applies to

Media request form

Media seeking coverage must file a completed Judicial Council form MC-500 accompanied by form MC-510.

Media or media agency seeking to perform Media coverage must strictly comply with California Rules of Court, rule 1.150(e), including the timely filing of a fully completed Judicial Council form MC-500 Media Request to Photograph, Record, or Broadcast, accompanied by a form MC-510 Order on Media Request to Permit Coverage.

WARNING

Applies to

Response

A response to a child custody evaluator complaint must be in writing.

Said response shall be in writing and copies of the response shall be served on all parties.

WARNING

Applies to

Request for minors funds

Requests to use a minor's funds must be supported by an Income and Expense Declaration (FL-150) and a Property Declaration (FL-160).

A request for funds shall be supported by an Income and Expense Declaration (Judicial Council form FL-150) and a Property Declaration (Judicial Council form FL-160).

WARNING

Applies to

Complaint

A complaint about a child custody evaluator must be in writing.

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

WARNING

Applies to

Discovery compliance receipt

When providing discovery, the prosecutor must give a written receipt showing the date of compliance and a written notice stating whether an informal request is made for the defense to disclose materials under Penal Code section 1054.3 or that no such request is being made.

At the time the prosecuting attorney provides the discovery of items in compliance with subparagraph (A) above, the prosecuting attorney shall provide a written receipt showing the date of compliance and shall include a written notice that either an informal request is made that the defense disclose all materials and information set forth in Penal Code section 1054.3 or that no informal request is being made.

WARNING

Applies to

Written waiver of guardianship account

A ward who has reached majority must personally confirm a waiver of the guardian's account, or file a written waiver listing all assets to be distributed.

Waiver of a guardian's account by a ward who has attained the age of majority will not be accepted unless the ward personally appears and confirms the waiver or a written waiver by the ward is filed which includes a complete list of the assets to be distributed to the ward.

WARNINGCivil cases

Applies to

Tentative ruling

Parties must review the tentative ruling in its entirety and be prepared to address all issues outlined in it, including possible updates to the CMC date/time.

It is imperative for the parties to review the tentative ruling in its entirety. The ruling may include important updates for the parties, including possible updates to the date/time of the CMC. The parties shall be prepared to address all issues outlined in the Court's ruling.

WARNINGCivil cases

Applies to

Master party list

The master party list must include each party's name and complaint(s), counsel names and contact information, party status, and any other pertinent case management information.

the following information: (a) name of each party and the complaint(s) to which they are a party; (b) the names and contact information of their respective counsel; (c) the status of the party (e.g., served, appeared, settled, dismissed, etc.); and (d) any other information pertinent to case management.

WARNING

A party seeking to submit non-documentary evidence must make a formal request to the magistrate describing the items and why a photographic record cannot be submitted instead.

If a party wishes to submit non-documentary evidence a formal request shall be made to the magistrate which completely describes the item(s) and the reasons a photographic record cannot be submitted alternatively.

WARNING

Applies to

Response to calendar notes

A written response to probate calendar notes must be captioned 'Response to Calendar Notes,' list each note in paragraph form, attach endorsed copies as exhibits when proof is required, and be signed and verified under Probate Code sections 1020-1023.

A written response to probate calendar notes shall be captioned “Response to Calendar Notes.” The response shall list each calendar note and each note shall be written in paragraph form directly below the corresponding calendar note. If a calendar note requires proof of a filed document, an endorsed copy shall be attached as an exhibit to the response. The response shall be signed and verified pursuant to Probate Code sections 1020 through 1023.

WARNING

Applies to

Petition

When a clerk's posted notice is required, a completed Notice of Hearing form (DE-120, GC-020, or GC-020(c)) and all necessary copies must be presented with the petition.

When a clerk's posted notice is required, a completed Notice of Hearing (Judicial Council forms DE-120, GC-020 or GC-020(c)) together with all necessary copies shall be presented concurrently with the petition.

WARNING

Applies to

Jury instructions

Pinpoint or special jury instructions must be accompanied by case or statutory authority following the text of the instruction.

If pinpoint or special jury instructions are offered, counsel shall provide case or statutory authority for the offered instruction following the text of the instruction.

WARNING

Applies to

Application for order shortening time

The court, on its own motion or on application for an order shortening time supported by a declaration showing good cause, may prescribe shorter times for the filing and service of papers than the times specified in Code of Civil Procedure section 1005.

The court, on its own motion or on application for an order shortening time supported by a declaration showing good cause, may prescribe shorter times for the filing and service of papers than the times specified in Code of Civil Procedure section 1005.

WARNINGCivil cases

Applies to

Joint case management statement

The Court will not consider individual CMC statements; only the joint statement is accepted.

Individual statements will not be considered.

WARNING

Applies to

Proposed order

The parent's counsel must submit proposed Judicial Council forms JV-200, JV-205, and JV-206 when custody or visitation orders are sought at termination of a dependency.

Unless otherwise ordered by the court, whenever custody or visitation orders are sought at the time a dependency is to be terminated, counsel for the parent seeking custody shall electronically submit to the courtroom mailbox, the proposed Custody Order – Juvenile – Final Judgment (Judicial Council form JV-200), including the Visitation Order – Juvenile (Judicial Council form JV-205) and Reasons for No or Supervised Visitation – Juvenile (Judicial Council form JV-206), as appropriate.

WARNING

Applies to

Notice of motion to withdraw

The notice should contain in clear, simple, and non-technical terms a statement to the client regarding the attorney’s intention to withdraw as attorney of record at the hearing.

The notice should contain in clear, simple, and non-technical terms a statement to the client regarding the attorney’s intention to withdraw as attorney of record at the hearing.

WARNING

Applies to

Opposition

All other parties must file papers showing their attorneys' calendars within the opposition filing deadline, whether or not they oppose the continuance motion.

All other parties, whether or not they oppose the motion to continue the trial date, shall, within the time limits for filing an opposition, file papers showing the attorney's calendars for the time period specified above.

WARNING

Applies to

Mediation program statement

In personal injury actions, the Mediation Program Statement must include a current statement of all economic damages claimed, and counsel must bring corroborating evidence and pertinent medical reports/records to mediation.

In personal injury actions, counsel for each party claiming damages shall bring pertinent medical reports and records to the mediation. The Mediation Program Statement shall include a current statement of all economic damages claimed and counsel shall have corroborating evidence at the mediation for examination by the mediator.

WARNING

Applies to

Case assignment motion

A motion to assign a case to a trial judge for all purposes must be joined by all parties, include the express approval of each assigned counsel's supervisor if applicable, and state the particular need for the assignment.

The motion must be joined by all parties, with express approval of the supervisor of each assigned counsel, if applicable, and must state the particular need for such assignment.

WARNING

Applies to

Trial readiness conference

At the Trial Readiness Conference, counsel must indicate trial readiness and whether the trial will be conducted via Zoom or in person.

On the day of the scheduled Trial Readiness Conference hearing, counsel shall indicate readiness to begin trial and whether the trial shall be conducted via Zoom or in person.

WARNING

Applies to

Report of trustee

Each trustee account must be accompanied by a report stating the trust's purpose and satisfaction, beneficiary details, and distribution summaries.

A report shall accompany each account of a trustee and shall include the following: (1) A concise reference to the purpose of the trust and how they have been satisfied by the trustee during the period of the account; (2) A list of the beneficiaries (both present and future), the address, relationship to the trustor, whether they are a minor or an adult, and the beneficiary’s age, if age is relevant; (3) A brief summary of distributions made to or for their benefit, as reflected in the account;

WARNING

Applies to

Exhibit

Electronic exhibits must be labeled with the case number, case title, and a general description of their contents.

All exhibits submitted in an electronic medium must be labeled with the case number, case title, and a general description of the contents of the medium.

WARNINGCivil cases

Applies to

Joint case management statement

If no meet-and-confer occurs or some issues are not discussed, the parties must provide a brief and reasonable explanation to the Court.

If no meet-and-confer session occurs, or if some of the issues under # 1 are not discussed, the parties shall provide the Court with a brief and reasonable explanation.

WARNING

The submitted form JV-450 must identify the specific type of hearing at which the incarcerated parent's attendance is requested.

The submitted form JV-450 shall identify the specific type of hearing at which the incarcerated parent’s attendance is requested.

WARNING

Applies to

Petition for guardianship

Children with a common parent must be included in the same guardianship petition; otherwise separate petitions and case numbers are required.

Children with a common parent shall be included in the same petition. Otherwise, separate petitions and case numbers shall be required.

WARNING

Applies to

Jury instructions

In criminal jury trials the court uses CALCRIM instructions where practicable; counsel proposing instructions must provide the number and text in writing with modifications, and non-CALCRIM instructions must be numbered consecutively, show the offering party, and include citations of authority.

In criminal jury trials, the court shall, insofar as is practicable, use those instruction forms obtained from Judicial Council of California Criminal Jury Instructions (CALCRIM). In proposing any instruction to the court, counsel shall provide in writing the number and text of the proposed instruction with appropriate modifications. Instructions other than CALCRIM shall be numbered consecutively, show the name of the party offering same, and contain citations of authority therefore. The court, in its discretion, may allow counsel to provide a list of the numbered CALCRIM instructions desired in lieu of providing the text.

WARNING

Applies to

Request to reset

To reset a calendared matter, the petitioner must submit a written request to drop the current setting (specifying date and time) and provide copies of the drop request and first page of the petition to the Probate Court.

When a matter on calendar is to be reset, the petitioner shall request in writing that the current setting be dropped (specifying the date and time of the setting). A copy of the drop request and a copy of the first page of the petition shall then be provided to the Probate Court to reset the matter.

WARNING

Applies to

Declaration

A party seeking to waive notice of an emergency order request must file a written declaration signed under penalty of perjury showing good cause not to give notice.

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 signed under penalty of perjury that includes facts showing good cause not to give the notice, as explained in California Rules of Court, rule 5.165.

WARNING

Applies to

Discovery motion

Sanctions motions must include a declaration with facts supporting the amount sought (service provided, date of service, attorney's fee); conclusory allegations of reasonableness are insufficient.

The motion shall be accompanied by a declaration setting forth facts supporting the amount of any monetary sanctions sought, including the service provided, the date of service, and the attorney's fee for the service. Conclusory allegations that the amount of sanctions sought is reasonable are insufficient to support the request.

WARNING

Applies to

Request to compel physical presence

A request to compel a party's physical presence at a hearing must be made in writing.

Such request must be made in writing as well as filed and served no later than two (2) court days prior to the hearing that is the subject of the request.

WARNING

Applies to

Notice

All notices required to be published, except the notice under Probate Code section 8120, must be captioned 'Notice of Hearing' followed by the general nature of the petition.

All notices required to be published (except the notice required by Probate Code section 8120) shall be captioned with the words "Notice of Hearing" followed by the general nature of the petition.

WARNING

Applies to

Settlement approval motion

Parties must comply with the settlement checklist and structure preliminary/final approval motions in the same order as the checklist.

All parties shall carefully review the checklist and fully comply with each applicable item to ensure a prompt ruling from the Court. The preliminary and final approval motion must follow the same order as the checklist, as that is how the Court will review the motion.

WARNING

Applies to

Certificate of short cause

Short cause certification must be entered on a Certificate of Short Cause (local form CV\E-131).

The certification shall be entered upon a Certificate of Short Cause (local form CV\E-131) located on the Court's website.

WARNING

Applies to

Order

All court orders must include names of persons, property descriptions with assessor's parcel number and legal description, affected money amounts, trust terms, and lease or agreement provisions.

All orders issued by the court shall set forth the names of persons and descriptions of property (including assessor's parcel number and specific legal description), amounts of money affected, the terms of trusts, and the provisions of leases or other agreements.

WARNING

Applies to

Photography request form

Members of the public must submit a completed request form to obtain prior written permission to photograph or record in a courthouse facility.

A member of the public, who is not Media, who seeks to photograph, or record in a courthouse facility must request and receive prior written permission by submitting a completed request form to the Public Information Office/Court Executive Office in a timely manner at 720 Ninth Street, Room 611 or by email at SSCPIO@saccourt.ca.gov to seek prior approvals.

WARNING

Applies to

Application for rehearing

Represented parties' rehearing applications must be filed by the attorney of record, not by the minor or parent/guardian personally.

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

WARNING

Applies to

Notice of settlement

When a case with a trial date settles, the parties must immediately notify the court (plaintiff primarily) by letter of confirmation or filing a Notice of Settlement.

Whenever a case assigned a trial date settles, the parties shall immediately notify the court. The plaintiff has the primary obligation to notify the court. Notification must be made by a letter of confirmation or the filing of a Notice of Settlement.

WARNING

Applies to

Motion

Certain motions — including motions in limine, new-trial motions, motions to stay judgments, statement-on-appeal proceedings, and post-trial cost and fee motions — must be made to the trial judge.

The following motions shall be made to the trial judge: (1) Motions in limine; (2) Motions for new trial, or to set aside and vacate a judgment and enter a different judgment pursuant to the provisions of Code of Civil Procedure section 663; (3) Motions to stay judgments; (4) Proceedings to settle any statement on appeal; (5) Motion to tax costs after trial; (6) Motion for attorney’s fees after trial.

WARNINGCivil cases

Applies to

Master party list

An up-to-date master party list must be attached to all Joint CMC Statements, Notices of Settlement, and Requests for Dismissal.

The parties shall attach an up-to-date master list to all Joint Case Management Statements, Notices of Settlement, and Requests for Dismissal filed in this case.

WARNING

Applies to

Petition

Petitions for final discharge must include filed endorsed copies of all proper receipts.

Petitions shall include filed endorsed copies of all proper receipts.

WARNING

Applies to

Settlement conference statement

Settlement Conference Statements must be in writing, follow the court's format, be sufficiently detailed (normally 3-10 pages), and include counsel's certifications of accuracy and awareness of the rules.

The Settlement Conference Statement shall be in writing and comply with the format set forth in the example, which may be obtained on the Court's website. The statement and supporting material (normally 3 to 10 pages) must be sufficiently detailed to enable the Supervising Settlement Judge and the settlement conference temporary judge to conduct a meaningful settlement conference. Counsel shall certify his/her good faith belief in the accuracy of the information provided and shall certify that he/she is fully aware of the requirements of these rules.

WARNING

Applies to

Mediator statement

The mediator's statement must be submitted on Judicial Council form ADR-100 and advise the court of the mediation outcome.

Within 10 calendar days of the conclusion of the mediation, the mediator shall file a statement on Judicial Council form ADR-100, advising the court whether the mediation ended in full agreement, partial-agreement, or no agreement.

WARNING

Applies to

Motion

Deposition transcripts may not be lodged unless requested; pertinent portions must be attached as exhibits and incorporated by reference in a declaration.

Lodging of deposition transcripts is not permitted unless requested by the court. Copies of pertinent portions of depositions shall be attached as exhibits to the motion and incorporated by reference in a declaration.

WARNING

Applies to

Mediation report

Mediation reports in custody/visitation disputes are non-confidential and parties must have a copy available to review at any custody or visitation hearing.

mediation of child custody and visitation disputes is non- confidential, and a written report including recommendations may be provided to the parties, counsel, and court pursuant to Family Code section 3183 through the court’s Public Case Access System located on the Court’s website or at FCS, and the parties must have a copy available to review at any hearing involving custody or visitation issues.

WARNING

Applies to

Motion to continue trial date

Motions to continue a trial date must include the moving attorney's availability calendar covering the 90-day period after the current trial date (if no new date is requested) or the 60-day period after the requested new date.

For the purpose of assigning a trial date in the tentative rulings, all motions to continue a trial date shall include the moving party's attorney's calendar showing the attorney's availability as follows: (a) If no new trial date is requested, for the 90-day period following the current trial date. (b) If a new trial date is requested, for the 60-day period following that date.

WARNING

Applies to

Electronically submitted document

Electronically submitting a document represents that a signed copy is in the filer's possession or control, and the court or any party may require production of the signed copy at any time after filing or service.

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. The demand shall be served on all other parties, but need not be filed with the court.

WARNING

Applies to

Request for calendaring

The 48-hour notice procedure requires a Request for Calendaring form signed by a judge on the court's form.

by submitting a Request for Calendaring form signed by a judge, using a form provided by the court

WARNING

Applies to

Stipulation list

On the day of trial, parties must provide a list of exhibits to be admitted by stipulation and identify in writing all facts to be stipulated.

Provide a list of all exhibits that will be entered into evidence by stipulation. Identify in writing all facts to which a stipulation will be entered.

WARNING

Applies to

Proposed order

If a moving party submits a proposed order and no opposition is filed, the court may deem the non-opposing party to have approved the proposed order's form, except as to sanctions.

If the moving party has served and submitted a proposed order with the moving papers, and no opposition to the motion is filed, the court may deem that the party who failed to oppose the motion has approved the form of the proposed order, except as to any sanctions included in the proposed order.