San Benito Superior Court Document Filing Requirements

CRITICALProposed or draft document; may not be in force

Applies to

Media coverage request

A media coverage request must be submitted on Judicial Council form MC-500 for judicial approval and specify the coverage time estimate, equipment placement, and dissemination method.

Persons requesting media coverage of any type, including pool cameras, must complete and submit for judicial approval mandatory Judicial Council form MC-500, specifying 1) the time estimate for coverage; 2) the proposed placement of cameras, microphones, and other equipment; and 3) whether the coverage will be disseminated live or recorded for future dissemination.

CRITICALProposed or draft document; may not be in force

Applies to

Supporting declaration

The supporting declaration must state specific facts establishing the necessity of appointing an elisor.

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

CRITICALProposed or draft document; may not be in force

Applies to

Proposed order

The proposed order must specify the exact signing locations and identify the party for whom the elisor will sign.

B. The order shall describe the exact location(s) in the document(s) where the elisor is to sign and identify the name of the party for whom the elisor is signing.

CRITICALProposed or draft document; may not be in force

Applies to

Proposed order

The order must designate “The Clerk of the Court or Clerk’s Designee” as elisor and cannot name or title a specific court employee.

C. The order must state “The Clerk of the Court or Clerk’s Designee” as the elisor. It cannot state the name or title of a specific court employee.

CRITICALProposed or draft document; may not be in force

Applies to

Request for order

A family-law order appointing an elisor must be requested by request for order with a supporting declaration.

i. A court order for the appointment of an elisor must be made by a request for order and a supporting declaration.

CRITICALProposed or draft document; may not be in force

Applies to

Notice of hearing

A petition for extraordinary compensation in a decedents’ estate will not be considered unless the notice of hearing refers to it.

A petition for extraordinary compensation for attorneys and personal representatives in decedents’ estates will not be considered unless the notice of hearing contains a reference to that petition.

CRITICALProposed or draft document; may not be in force

Applies to

Grievance declaration

A grievance concerning a judicial professional must be filed in a signed, penalty-of-perjury declaration addressed to the presiding judge and identifying the alleged issues and requested remedy.

Anyone raising a grievance in connection with a judicial professional (including a request to change mediators) must file a written declaration signed under penalty of perjury and addressed to the presiding judge. The declaration must state specifically what alleged issue(s) is the basis for the grievance and what remedy is requested.

CRITICALProposed or draft document; may not be in force

Applies to

Notice of inclusion

The clerk prepares a notice of inclusion when the initial pleading is filed; it must be served with the complaint, and a copy must be filed with proofs of service.

a) Notice of Inclusion: At the time of filing the initial pleading, the clerk will prepare a notice of inclusion which contains dates in accordance with the rules prescribed herein. This form must be served with the complaint and a copy with proofs of service filed in the case.

CRITICALProposed or draft document; may not be in force

Applies to

Case management statement

Must include

certificate of service

A case management statement must include the specified attorney, case, scheduling, settlement, discovery, meet-and-confer, ADR, trial-availability, proof-of-service, and other ECT information.

A case management statement must contain the following information, whether or not a Judicial Council form is used: i. The names, addresses, phone and fax numbers of all attorneys of record and whom they represent; ii. A brief outline of the nature of the case; iii. The estimated court time to dispose of the case, including separate estimates of time for motions and trial; iv. The estimated date the case will be ready for trial and whether or not a jury trial is demanded; v. The efforts made at settlement, what issues remain in dispute and whether further settlement conferences would be productive; vi. The status of discovery and if not completed, what type of discovery remains and the date it is scheduled to be completed; vii. A statement specifying the date, time spent, and results of the meet and confer required by Local Rule 3.4(c); viii. A statement indicating whether or not the case is suitable for judicial arbitration or alternative dispute resolution and reasons therefor; ix. The trial attorney’s availability calendar for the 4th, 5th, and 6th months following the month in which the CMC is heard; x. Proof of service that the case management statement was served upon all necessary parties; and xi. Other information pertinent to the court’s ECT.

CRITICALProposed or draft document; may not be in force

Applies to

Case management statement

Before filing the case management statement, parties must meet and confer in person or by telephone, and summarize the results in the statement.

c) Meet and Confer: Prior to the filing of the case management statement, parties must meet and confer in person or by telephone regarding the case. The results of this meet and confer must be summarized and included in the case management statement.

CRITICALProposed or draft document; may not be in force

Applies to

Relief motion

A motion for relief from a chapter provision must be brought before the judge and signed by counsel, if any, and the moving party, unless an attorney’s declaration under penalty of perjury establishes good cause based on the moving party’s unavailability.

Motions for relief from any of the provisions of this chapter must be brought before the judge. Any relief motion must be signed by (i) the attorney, if any, and (ii) the moving party, except for good cause shown by declaration under penalty of perjury of the attorney, which declaration sets forth facts establishing the unavailability of the moving party.

CRITICALProposed or draft document; may not be in force

Applies to

At issue memorandum

The submitting party must designate available trial dates for the first, second, and third months after submitting an at-issue or counter at-issue memorandum.

b) Availability: The submitting party must designate available trial dates for the 1st, 2nd, and 3rd months following the date the at-issue memorandum or counter at-issue memorandum is submitted.

CRITICALProposed or draft document; may not be in force

Applies to

Settlement conference statement

Must include

caption

Each party must prepare a settlement conference statement containing the listed information and materials, including a caption with conference and trial dates if set.

Each party must prepare, file, and serve on all other parties a settlement conference statement, in pleading or letter form, at least five (5) court days prior to the settlement conference. In addition to the requirements listed in CRC 3.1380(c), the settlement conference statement must include: a) A caption including the date and time of the settlement conference and trial date, if set; b) The names of the parties and the dates, times, and locations giving rise to the controversy before the court; c) A summary of the important facts of the case indicating the parties’ theories of liability; d) A statement of any and all legal issues to be resolved by the court; e) Copies of all relevant portions of key documents upon which the litigation is based and upon which any party intends to rely; f) A list of all motions in-limine to be made at the time of trial; g) A list of damages, current and future, and the legal and factual support thereof; h) A summary of all previous settlement negotiations; i) If an insurance carrier is involved and there are any reservations of rights or policy defenses, the legal and factual support therefor; and j) Any other information as that may be directed by the court.

CRITICALProposed or draft document; may not be in force

Applies to

Notice of settlement

Notice of settlement must be filed in writing and include any required attachments.

Notice must be given to the court by filing a written notice of settlement, including any required attachments.

CRITICALProposed or draft document; may not be in force

Applies to

Trial brief

Trial briefs must include the listed exhibit, witness, testimony, witness-problem, and trial-issue information, plus proposed jury instructions in jury trials.

a) Content of Trial Brief: A trial brief must contain the following: i. an expected exhibit list; ii. an expected witness list and a brief summary of expected testimony of each witness; iii. a list of any witness problems that may interfere with the timely conduct of the trial; iv. any other issues that will have to be dealt with by the trial judge; v. for jury trials, a list of proposed jury instructions compliant with CRC 2.1055.,

CRITICALProposed or draft document; may not be in force

Applies to

Trial brief and motions in limine

In civil jury trials and long-cause civil bench trials, each party must file and serve a trial brief and all motions in limine with supporting points and authorities.

In all civil jury trials and long cause civil bench trials, each party must file with the court and serve on the other party or parties: i. a trial brief; and ii. all motions in limine, along with supporting points and authorities.

CRITICALProposed or draft document; may not be in force

Applies to

Proposed verdict form

The plaintiff must file a proposed verdict form and serve it on the defendant or defendants.

In addition, the plaintiff must file with the court and serve on the defendant(s) a proposed verdict form.

CRITICALProposed or draft document; may not be in force

Applies to

Trial brief and motions in limine

In family law trials, each party must file and serve a trial brief and all motions in limine with supporting points and authorities.

In all family law trials, each party must file with the court and serve on the other party or parties: i. a trial brief; and ii. all motions in limine, along with supporting points and authorities.

CRITICALProposed or draft document; may not be in force

Applies to

Proposed order

Must include

proposed order

When a ruling is to be reduced to a formal written order, the prevailing party must file and serve a proposed order within five calendar days, unless the court directs otherwise.

When the court’s ruling is to be reduced to a formal written order, the prevailing party must file with the court and serve upon all parties a proposed form of order within five (5) calendar days of the ruling, unless otherwise directed by the court.

CRITICALProposed or draft document; may not be in force

Applies to

Ex parte application

An ex parte application must include a declaration based on personal knowledge showing irreparable harm, immediate danger, or another statutory basis for ex parte relief.

An ex parte application must contain an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or other statutory basis for granting relief ex parte.

CRITICALProposed or draft document; may not be in force

Applies to

Ex parte moving papers

Ex parte moving papers must disclose whether the requested order would change the status quo and whether orders on the same issue are already in effect.

The applicant must, in the ex parte moving papers, disclose (a) that an ex parte order will result in a change in the current situation or status quo, and (b) whether orders are already in effect regarding the same issue.

CRITICALProposed or draft document; may not be in force

Applies to

Declaration

A vehicle-exclusive-use ex parte order requires a declaration showing the opposing party has suitable transportation, does not require transportation, or that other good cause exists.

The court will not issue an ex parte order for exclusive use of a vehicle unless the declaration demonstrates (i) that the opposing party has suitable transportation available, (ii) that the opposing party requires no such transportation, or (iii) other good cause.

CRITICALProposed or draft document; may not be in force

Applies to

Supporting declarations

An ex parte order removing a party from a residence requires supporting declarations as required by applicable law.

The court will not issue an ex parte order removing a party from a residence without supporting declarations as required by applicable law.

CRITICALProposed or draft document; may not be in force

Applies to

Copies of modified order

If the court modifies a requested order, the applicant must incorporate the changes into all copies before filing and service.

If the court modifies a requested order, the applicant must incorporate the changes into all copies before filing and service.

CRITICALProposed or draft document; may not be in force

Applies to

Ai assisted court document

Anyone using AI to prepare court documents remains responsible for the accuracy, validity, appropriateness, completeness, and truthfulness of their contents.

c) Responsibility for Content: Any party, attorney, or self-represented litigant who uses AI tools to draft or assist in the preparation of documents submitted to the court remains fully responsible for the content of those documents. This includes, but is not limited to: 1) The accuracy of factual statements; 2) The validity and citation of legal authorities; 3) The appropriateness of legal arguments; 4) The completeness and truthfulness of all information provided.

CRITICALProposed or draft document; may not be in force

Applies to

Filing or submission

Court users must ensure filings reflect their own intent and understanding and review and verify all content before submission; AI does not excuse errors or omissions.

d) Intent and Verification: All court users must ensure that the information contained in any filing or submission reflects their own intent and understanding. The use of AI does not excuse or mitigate errors, misrepresentations, or omissions. Users are expected to review and verify all content before submission.

CRITICALProposed or draft document; may not be in force

Applies to

Substitution of counsel

A document substituting one attorney for another or for a pro per party must provide the new attorney’s name, mailing address, telephone number, and bar number, using the attorney’s name rather than the firm name.

A document which substitutes (i) one attorney for another, or (ii) an attorney for a pro per party must contain: the name, mailing address, telephone number, and bar number of the new attorney. The document must contain the name of the attorney, not the firm name.

CRITICALProposed or draft document; may not be in force

Applies to

Substitution of counsel

A document substituting a pro per party for an attorney must provide the pro per party’s name, mailing address, and telephone number.

A document which substitutes a pro per party for an attorney must contain: the name, mailing address, and telephone number of the pro per party.

CRITICALProposed or draft document; may not be in force

Applies to

Proposed family law judgment

Each proposed family law judgment must be submitted with an extra copy of the face sheet.

All proposed family law judgments must be accompanied by an extra copy of the face sheet when submitted.

CRITICALProposed or draft document; may not be in force

Applies to

Electronically filed document

Electronically filed documents, except those submitted by self-represented parties, must include bookmarks to specified sections and exhibits or attachments, with identifying text for each exhibit or attachment bookmark.

Except for documents submitted by a self-represented party, all electronically- filed documents must include electronic bookmarks to each heading, subheading, and component (including the table of contents, table of authorities, petition, verification, points and authorities, declaration, and proof of service if included), and to the first page of each exhibit or attachment, if any. Each electronic bookmark to an exhibit or attachment must include the letter or number of the exhibit or attachment and a brief description of the exhibit or attachment.

CRITICALProposed or draft document; may not be in force

Applies to

Electronically filed document

Electronic filers must comply with the specified statutes, rules, and court requirements and furnish information as provided by the cited court rule.

Electronically filed documents must comply with Code of Civil Procedure section 1010.6 and CRC 2.250 through 2.261. All persons filing documents electronically must 1) comply with any court requirements designed to ensure the integrity of electronic filing and to protect sensitive personal information, and ii) furnish information submitted electronically as provided in Cal. Rules of Court, rule 3.1312.

CRITICALProposed or draft document; may not be in force

Applies to

Judicial council form fl 141

Before filing an at-issue memorandum in a family law matter involving financial issues, a party must file a completed FL-141 demonstrating that the party made all preliminary disclosures.

Before filing an at-issue b) memorandum in a family law matter with financial issues, including child support, spousal support, payment of debts or attorney fees, a party must file with the court a completed Judicial Council Form FL-141 (“Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration”). The completed form must demonstrate that all preliminary disclosures have been made by that party.

CRITICALProposed or draft document; may not be in force

Applies to

Opposition

A party opposing a remote appearance at an evidentiary hearing or trial may file and serve Judicial Council Form RA-015 by the applicable deadline and must ensure the department receives a copy.

ii. Opposition: A party may oppose a remote appearance in an evidentiary hearing or trial by filing Judicial Council Form RA-015 (“Opposition to Remote Proceeding at Evidentiary Hearing or Trial”) with the court and serving such opposition on all parties or persons entitled to receive notice of the proceedings. The filing and service must be completed by the applicable deadline specified in CRC 3.672(h)(3)(A). The filing party must ensure a copy of the opposition is received in the department in which the proceeding is to be held.

CRITICALProposed or draft document; may not be in force

Applies to

Judicial council forms

Parties must timely file all Judicial Council forms and required attachments as prescribed by the California Rules of Court and statute.

Parties must file all Judicial Council forms, including attachments as required by CRC and statute, in a timely manner as prescribed by CRC and statute.

CRITICALProposed or draft document; may not be in force

Applies to

Judicial council forms

Every blank on a Judicial Council form must contain a response or an “n/a” designation.

All blanks on the forms must be answered with a response or “n/a” designation

CRITICALProposed or draft document; may not be in force

Applies to

Income and expense declaration or financial statement

For a family law matter involving financial issues, each party must complete, serve, and file an accurate FL-150 or FL-155 executed within 60 calendar days of the hearing or trial; if there has been no change in the preceding 60 days, a declaration under penalty of perjury with current income verification may be filed instead.

The court will not hear a family law matter with financial issues, including child support, spousal support, payment of debts or attorney fees, unless each party to the action has completed, served, and filed in compliance with CRC 5.92 a current (executed within sixty calendar days of the hearing or trial) and accurate Judicial Council Form FL-150 (“Income and Expense Declaration”) or Judicial Council Form FL-155 (“Financial Statement (Simplified)”) In the event there has been no change within the previous sixty calendar days, a party may file with the court a declaration under penalty of perjury to that effect in lieu of a new Income and Expense Declaration or Financial Statement (Simplified) with current verification of earnings or income attached to the declaration.

CRITICALProposed or draft document; may not be in force

Applies to

Public assistance disclosure

A party receiving public assistance benefits must disclose that status and applicable aid and/or Department of Child Support Services file numbers.

A party receiving public assistance benefits must disclose that fact, including appropriate aid and/or Department of Child Support Services identification of file numbers.

CRITICALProposed or draft document; may not be in force

Applies to

Restraining order

Restraining orders involving personal conduct, stay-away, or residence-exclusion orders must use the CLETS form or another approved Judicial Council form.

Any restraining order that involves personal conduct orders, stay away orders, or residence exclusion orders must be submitted to the court on the CLETS form or other approved Judicial Council form.

CRITICALProposed or draft document; may not be in force

Applies to

Motion or request for order

Motions or requests for order involving custody or visitation must include the specified mediation order on their face.

In all motions or requests for order in which custody or visitation is an issue, the order as described in this rule will be included on the face of the moving papers and must be served with a notice form describing Parent Orientation and mediation, as follows: “Each party is ordered to complete Orientation and schedule Mediation before going to the hearing. The parties will Contact Family Court Services at (831)636-5047 ext. 125 prior to hearing to schedule mediation at the earliest possible time.”

CRITICALProposed or draft document; may not be in force

Applies to

Objection

Written objections must identify the challenged paragraphs and language, state the reasons for objection, and provide proposed modified language.

Objections shall be in writing and shall include: (i). the specific paragraphs and language to which the party objects; (ii). the reasons for the objections; and (iii). the proposed modified language.

CRITICALProposed or draft document; may not be in force

Applies to

Course completion certificate

A party ordered to complete the co-parenting course must submit a certificate of completion to the court.

If ordered to complete the course, the party must demonstrate completion of the course by submitting to the court a certificate of completion.

CRITICALProposed or draft document; may not be in force

Applies to

Child contact order

An order permitting contact between a party subject to a restraining or criminal protective order and the party’s children must specify the time, day, place, and manner of the children’s transfer.

Any order that permits contact between (i) a party subject to restraining orders or criminal protective orders and (ii) his or her children must contain specific language setting forth the time, day, place, and manner of the transfer of the children, to limit the child’s exposure to potential domestic conflict or violence and to ensure the safe exchange of the children.

CRITICALProposed or draft document; may not be in force

Applies to

Order

An order may not contain language that conflicts with a criminal protective order.

The order may not contain language that conflicts with a criminal protective order.

CRITICALProposed or draft document; may not be in force

Applies to

Professional supervised visitation provider declaration

Professional providers must submit a signed Form FL-324(P) before initial supervised visitation and an updated signed form whenever they submit a report to the court.

a) Professional Providers: Prior to the initial supervised visitation, a professional provider must submit a signed Judicial Council Form FL-324(P) (“Declaration of Supervised Visitation Provider (Professional)”) to the court. A professional provider must submit to the court an updated and signed Form FL-324(P) each time the professional provider submits a report to the court.

CRITICALProposed or draft document; may not be in force

Applies to

Nonprofessional supervised visitation provider declaration

A nonprofessional provider must submit a signed Form FL-324(NP) to the court before the initial supervised visitation.

b) Nonprofessional Providers: Prior to the initial supervised visitation, a nonprofessional provider must submit a signed Judicial Council Form FL-324(NP) (“Declaration of Supervised Visitation Provider (Nonprofessional)”) to the court.

CRITICALProposed or draft document; may not be in force

Applies to

Supervised visitation provider declaration

Providers must submit required declarations to the Family Law Clerk, who will place them and accompanying reports in the appropriate case file.

c) Submission Process: Providers must submit the required declarations to the Family Law Clerk. The Family Law Clerk will place the declarations and any accompanying reports in the appropriate case file.

CRITICALProposed or draft document; may not be in force

Applies to

Settlement conference statement

The settlement conference statement must identify issues resolvable by stipulation and those remaining for the court to determine.

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

CRITICALProposed or draft document; may not be in force

Applies to

Settlement conference statement

The settlement conference statement must state that the parties have complied with the rule.

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

CRITICALProposed or draft document; may not be in force

Applies to

Juvenile dependency plea

Counsel must furnish the court with a completed, discussed JV-190 waiver at the time of a parent’s plea in a juvenile dependency proceeding.

In order to facilitate the taking of admissions or no contest pleas from parents in juvenile dependency proceedings, counsel for parent(s) shall furnish to the Court, at the time of the plea, a written Waiver of Rights-Juvenile Dependency (form JV-190) that has been discussed with and completed by the parents, pursuant to California Rules of Court 5.504.

CRITICALProposed or draft document; may not be in force

Applies to

Settlement conference statement

The statement must list each separate-property item and provide the specified valuation, characterization, encumbrance, acquisition, and title information depending on whether characterization is contested.

A. Separate Property: List each item of separate property. If characterization of property is uncontested, list only its current market value. If characterization of property as separate is contested, list the date it was acquired, the basis upon which it is claimed as separate rather than community property, the current market value, the nature, extent and terms of payment of any encumbrance against the property, and the manner in which title thereto is presently vested.

CRITICALProposed or draft document; may not be in force

Applies to

Settlement conference statement

The statement must list each community-property item and provide the specified value, encumbrance, acquisition, characterization, and title details depending on whether characterization is contested.

B. Community Property: List each item of community property. If characterization of property is uncontested, list only its current market value and the nature, extent, and terms of payment of any encumbrance against the property. If characterization of property as community is contested, list the date it was acquired, the basis upon which it is claimed as community rather than separate property, the current market value, the nature, extent, and terms of payment of any encumbrance against the property, and the manner in which title thereto is presently vested.

CRITICALProposed or draft document; may not be in force

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Settlement conference statement

For property consisting of funds held by others, the statement must identify each policy or fund, its current cash value, and withdrawal conditions.

C. Funds Held by Others: To the extent that either separate property or community property consists of funds held by others, such as insurance policies, pensions, profit sharing, or other trust funds, the statement shall fully identify the policy or fund, its present cash value, and any terms or conditions imposed upon withdrawal of such funds.

CRITICALProposed or draft document; may not be in force

Applies to

Settlement conference statement

If tracing separate and community interests in a single asset is at issue, the statement must detail the relevant transactions, including dates, values, and dollar amounts.

D. Tracing: If a segregation of community property and separate property interests in a single asset is to be an issue in the case, the statement shall set forth in detail, including dates, values, and dollar amounts, the transactions which form the basis upon which the tracing is to be proven.

CRITICALProposed or draft document; may not be in force

Applies to

Settlement conference statement

The statement must separately list community and individual liabilities and specify each creditor, debt date, balance, payment terms, and any security.

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

CRITICALProposed or draft document; may not be in force

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Settlement conference statement

The statement must propose resolutions for the listed issues and state each party’s positions on the amount and duration of child and spousal support.

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

CRITICALProposed or draft document; may not be in force

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Declaration of disclosure

Each party must file a declaration regarding service of the preliminary declaration of disclosure verifying an exchange; the provided text ends before specifying what was exchanged.

iii. Declaration of Disclosure: A declaration regarding service of a preliminary declaration of disclosure shall be filed by each party verifying that there has been an exchange of

CRITICALProposed or draft document; may not be in force

Applies to

Settlement conference statement

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

iv. Current Income and Expense Declaration: A CURRENT income and expense declaration shall be filed concurrently with the settlement conference statement.

Checked and corrected to match the court's document on Oct 10, 2026CRITICAL

Proposed or draft document; may not be in force

Applies to

Settlement conference statement

The parties must attach their last three (3) months’ earnings and deduction statements.

The parties’ last three (3) months’ earnings and deduction statements shall be attached.

CRITICALProposed or draft document; may not be in force

Applies to

Juvenile dependency attorney competency

Attorneys appearing in juvenile dependency proceedings, including privately retained attorneys, must comply with the chapter; privately retained attorneys must submit a competency certification or give the client notice and file a copy with the court.

All attorneys appearing in juvenile dependency proceedings must comply with the requirements of this chapter. This chapter is applicable to attorneys employed by public agencies, attorneys appointed by the court to represent any party in a juvenile dependency proceeding, and attorneys who are privately retained to represent a party to a juvenile dependency proceeding. As described in Local Rule 13.4(a), attorneys who are privately retained to represent a party to a juvenile dependency proceeding must either (i) submit a Certification of Competency to the court or (ii) provide a notice to the applicable client(s) that the attorney has not completed a Certification of Competency and file a copy of the notice given to the client with the court.

CRITICALProposed or draft document; may not be in force

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Certification of competency

A court-appointed attorney appearing in a dependency matter for the first time must submit a Certification of Competency within ten court days of appointment.

Any court-appointed attorney appearing in a dependency matter for the first time must complete and submit a Certification of Competency (available on the court’s website) to the court within ten (10 ) court days of his or her appointment.

CRITICALProposed or draft document; may not be in force

Applies to

Certification of competency

A privately retained attorney appearing in a dependency matter for the first time must have a valid competency certificate on file or, within ten court days of first appearance, submit a certification or give written client notice and file a copy with the court.

Any privately-retained attorney appearing in a dependency matter for the first time must have a valid Certificate of Competency on file with the court or, within ten ( 10) court days of his or her first appearance in the matter, either (i) complete and submit a Certification of Competency to the court, or (ii) provide a written notice to the applicable client(s) disclosing that the attorney has not completed a Certification of Competency, and file a copy of the notice given to the client with the court.

CRITICALProposed or draft document; may not be in force

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Renewal certification of competency

An attorney seeking to retain competency beyond the current competency period must submit a new Certification of Competency to the court.

to retain his or her competency to practice before the juvenile court in dependency cases beyond the expiration of the current competency period, an attorney must submit a new Certification of Competency to the court.

CRITICALProposed or draft document; may not be in force

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Notice

A notice must describe the right or interest, identify the relevant agency or forum and its address if known, and describe the proceedings there.

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

CRITICALProposed or draft document; may not be in force

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Notice

When the minor’s counsel files the notice, it must address the necessary action, counsel’s ability to pursue it, possible specialized counsel, a guardian ad litem, agency joinder, and further investigation.

If the person filing the notice is the counsel for the minor, the notice must state (i) what action on the child’s behalf the attorney believes is necessary, (ii) whether the attorney is willing or able to pursue the matter on the child’s behalf, (iii) whether the association of counsel specializing in practice before the agency or court may be necessary or appropriate, (iv) whether the appointment of a guardian ad litem may be necessary to initiate or pursue the proposed action, (v) whether joinder of an administrative agency to the juvenile court proceedings pursuant to Welfare and Institutions Code section 362 may be appropriate or necessary to protect or pursue the child’s interests, and (vi) whether further investigation may be necessary.

CRITICALProposed or draft document; may not be in force

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Subpoena duces tecum

Criminal-case subpoenas duces tecum must comply with the specified statutes when applicable and be returnable to the court.

All subpoenas duces tecum in criminal cases must comply with Penal Code section 1326 and Evidence Code section 1560, and when applicable Code of Civil Procedure section 1985.3, and must be returnable to the court.

CRITICALProposed or draft document; may not be in force

Applies to

Subsequent release or bail modification motion

A subsequent similar release or bail-modification motion based on materially changed circumstances must disclose specified information about the prior motion and the changed circumstances.

When a motion for release on own recognizance or bail modification has been made to the Court, and granted in whole or in part, or granted conditionally or with limiting terms, and a subsequent motion is made by the same party in the same case for a similar order upon materially changed circumstances, the subsequent motion shall be accompanied by a disclosure that: i. A prior motion has been made; ii. When and to what Judge it was made; iii. What the nature of the motion was; iv. What order or decision was made thereon; and, v. What materially changed circumstances are claimed to be shown.

CRITICALProposed or draft document; may not be in force

Applies to

Application for order shortening time

An application for an Order Shortening Time must state good cause and facts concerning notice to and the position of opposing counsel and co-counsel.

Counsel seeking an order shortening time must file an Application for an Order Shortening Time setting forth good cause, and facts concerning notice to, and the position of, opposing counsel and co-counsel.

CRITICALProposed or draft document; may not be in force

Applies to

Trial brief

In criminal cases remaining set for trial after an unsettled pre-trial conference, counsel must file a trial brief by the stated deadline, subject only to specified judicial authorization, and include the listed materials.

In all criminal matters where the case does not settle at the pre-trial conference and the matter remains set for trial, a trial brief is required. Trial counsel shall file a brief no later than ten (10) days immediately preceding the trial date unless an earlier date is ordered by the court. The only exception to the timely filing of a trial brief is by authorization of the presiding judge, designee of the presiding judge, or the trial judge. The trial brief shall include the following: i. A brief factual statement of the case that can be read to the jury; ii. Proposed jury instructions; iii. All in limine motions along with supporting points and authorities; iv. Proposed voir dire questions that are being requested; v. A list of any witness problems that may interfere with the timely conduct of the trial; vi. Any other issues that will have to be dealt with by the trial judge; vii. Witness list; viii. Exhibit list; and, ix. Proposed verdict form.

CRITICALProposed or draft document; may not be in force

Applies to

Jury questionnaire

Written questionnaires for prospective jurors may be used only upon a showing of good cause or in the interests of justice.

Parties may only use written questionnaires, to be filled out by prospective jurors, upon a showing of good cause or in the interests of justice.

CRITICALProposed or draft document; may not be in force

Applies to

Jury instruction

Jury instructions must comply with the California Rules of Court and use CALCRIM unless all parties stipulate otherwise and the trial judge accepts the stipulation.

Jury instructions shall comply with the California Rules of Court and, unless stipulated to the contrary by all parties and accepted by the trial judge, shall be CALCRIM instructions.

CRITICALProposed or draft document; may not be in force

Applies to

Jury instruction

Parties must provide requested jury instructions on the morning of the first trial day, with a separate copy for the Court and each opposing counsel, unless the trial judge directs otherwise.

The parties shall provide their requested instructions, with one separate copy for the Court and one separate copy for each opposing counsel, on the morning of the first day of trial unless the trial judge has directed to the contrary.

CRITICALProposed or draft document; may not be in force

Applies to

Jury instruction

Requested jury instructions must not identify the requesting party.

No instruction shall identify the party making the request.

CRITICALProposed or draft document; may not be in force

Applies to

Special jury instruction

Each proposed special instruction must be accompanied by separate points and authorities.

Special instructions shall be accompanied by points and authorities separate from the proposed instruction.

CRITICALProposed or draft document; may not be in force

Applies to

Jury instruction

All blanks in form instructions must be completed so the proposed instruction is complete.

All blanks on form instructions shall be filled in so that the proposed instruction is complete.

CRITICALProposed or draft document; may not be in force

Applies to

Application for exhibit permission

A party seeking to bring an exhibit into the courtroom without substitution must submit a written application describing the materials and why substitution should not be made.

If a party believes the exhibit should be brought into the courtroom without substitution, an application for permission must be made in writing and describe the materials to be brought into the courtroom and the reason a substitution should not be made.

CRITICALProposed or draft document; may not be in force

Applies to

Written plea form

Written plea forms are required in misdemeanor and felony matters, except that the Court has discretion over the form of plea for probation violations.

Written plea forms are required for all misdemeanor and felony matters, except for probation violations where the form of plea is at the discretion of the Court.

CRITICALProposed or draft document; may not be in force

Applies to

Criminal protective order

Must include

proposed order

If the prosecution seeks and the Court grants a Criminal Protective Order, the prosecution’s attorney must prepare the proposed order.

If a Criminal Protective Order is sought by the prosecution and granted by the Court, the prosecution’s attorney shall prepare the proposed criminal protective order.

CRITICALProposed or draft document; may not be in force

Applies to

Criminal protective order

Must include

proposed order

When the Court issues a Criminal Protective Order, the prosecution’s attorney must prepare the proposed order.

If a Criminal Protective Order is issued by the Court on the attorney for the prosecution shall prepare the proposed Criminal Protective order.

CRITICALProposed or draft document; may not be in force

Applies to

Petition

A petition’s caption must state all relief sought and identify any distribution of estate property to a trust.

The caption of a petition shall be all-inclusive as to the order sought so that the matter may be properly calendared and posted, and any filing fees determined. If any part of the estate is to be distributed to a trust, the caption shall so indicate.

CRITICALProposed or draft document; may not be in force

Applies to

Pleading

Pleadings must be signed by the attorney and each specified fiduciary, and personally verified by a specified fiduciary unless the statutory attorney-verification exception and affidavit requirements are met.

Any pleading shall be signed by the attorney and each representative, trustee, guardian, or conservator. The pleadings shall be verified by a representative, trustee, guardian, or conservator personally and not by the attorney unless one of the circumstances set forth in CCP section 446(a) specifically authorizes verification by an attorney and compliance with the affidavit content requirements is met.

CRITICALProposed or draft document; may not be in force

Applies to

Document filed after consolidation

Must include

case number

After consolidation, every filed document must bear the case number of the controlling file.

All documents filed after consolidation must bear the case number of the controlling file.

CRITICALProposed or draft document; may not be in force

Applies to

Petition

Must include

proposed order

The moving party must submit a proposed order for every petition.

The moving party shall submit a proposed order for every petition.

CRITICALProposed or draft document; may not be in force

Applies to

Probate order

A probate order must state its general effect so it can be understood without referring to the petition.

Probate orders shall be worded so that their general effect may be determined without reference to the petition on which they are based.

CRITICALProposed or draft document; may not be in force

Applies to

Petition for final distribution

The petition must state facts establishing each heir’s entitlement to the portion distributed to that heir, including information about predeceased children.

b) Facts specifically showing the entitlement of each heir to the portion of the estate to be distributed to that heir, including any information concerning predeceased children;

CRITICALProposed or draft document; may not be in force

Applies to

Petition for final distribution

The petition must compute the requested attorney fees and representative commissions.

c) A computation of the attorney fees and representative commissions requested;

CRITICALProposed or draft document; may not be in force

Applies to

Petition for final distribution

The petition must state whether all taxes have been paid pursuant to Probate Code §9650.

d) A statement regarding payment of all taxes pursuant to Probate Code §9650;

CRITICALProposed or draft document; may not be in force

Applies to

Petition for final distribution

When the stated unequal in-kind distribution is not under the will or intestate succession laws, each heir and devisee must sign an acknowledged agreement accepting the distribution plan.

e) If the decree of distribution is to distribute assets in kind in a manner that all persons will not share equally in each asset and the distribution is other than pursuant to the will or the laws of intestate succession, then an agreement must be signed by each heir and devisee with the signatures acknowledged accepting the plan of distribution;

CRITICALProposed or draft document; may not be in force

Applies to

Petition for final distribution

The petition must include a claims schedule identifying each claimant, the amount claimed, presentation and allowance dates, and payment date if paid.

f) A schedule of claims showing the name of the claimant, amount claimed, date presented, date allowed, and, if paid, the date of payment.

CRITICALProposed or draft document; may not be in force

Applies to

Petition for final distribution

The petition and order must set out the terms of any testamentary trust in full rather than merely incorporate them by reference.

g) The terms of any testamentary trust must be set out in full in the petition and order and not merely incorporated by reference;

CRITICALProposed or draft document; may not be in force

Applies to

Petition for final distribution

The petition must itemize costs for which counsel has been paid or seeks reimbursement.

h) An itemization of costs for which counsel has been paid or is seeking reimbursement.

CRITICALProposed or draft document; may not be in force

Applies to

Petition for final distribution

The petition must include a schedule showing the proration of taxes, fees, and costs.

i) A schedule showing the proration of taxes, fees, and costs;

CRITICALProposed or draft document; may not be in force

Applies to

Petition for final distribution

The petition must identify which property is separate and which is community property.

j) A statement of what property is separate and what property is community;

CRITICALProposed or draft document; may not be in force

Applies to

Petition for final distribution

If distribution is under an assignment of interest, the assignment must be filed and acknowledged, and the consideration details must be stated.

k) If distribution is to be made pursuant to an assignment of interest, the assignment shall be filed and acknowledged and the details of the consideration set forth;

CRITICALProposed or draft document; may not be in force

Applies to

Petition for final distribution

For distribution to a trust, either an acknowledged trustee statement accepting the property under the trust terms or a petition to designate a substitute trustee must be filed.

l) If distribution is to be made to a trust, either an acknowledged statement by the trustee accepting the property under the terms of the trust, or a petition by the executor or administrator for the designation of a substitute trustee shall be filed; and,

CRITICALProposed or draft document; may not be in force

Applies to

Petition for final distribution

For distribution to a minor or incompetent, the filing must include either facts showing compliance with Probate Code §3300 et seq. or current certified copies of estate conservatorship or guardianship letters.

m) If the distribution is to be made to a minor or an incompetent, either facts showing compliance with Probate Code §3300, et seq., or current certified copies of letters of conservatorship or guardianship of the estate shall be filed.

CRITICALProposed or draft document; may not be in force

Applies to

Probate accounting

In covered probate accountings, including guardianship, conservatorship, and trust proceedings, the original Summary of Account and original Detailed Schedules must be filed.

a) In any probate proceeding in which an accounting must be filed pursuant to Probate Code section 1060, including guardianship, conservatorship, and trust proceedings, the original Summary of Account as specified in Probate Code section 1061 and the original Detailed Schedules as specified in Probate Code sections 1062 and 1063 shall be filed. (See Judicial Council Forms GC- 400-405.)

CRITICALProposed or draft document; may not be in force

Applies to

Guardianship or conservatorship accounting

For guardianship or conservatorship accountings, supporting documents must be lodged rather than filed, contain the specified account statements and balances, have the Summary of Account attached on top, and be retained by the clerk and returned after judicial review.

b) For any accounting in a guardianship or conservatorship proceeding, the documents in support of the Summary of Account and Detailed Schedules shall be lodged rather than filed and shall include every “account statement”, as defined in Probate Code Section 2620(c)(1) and (2), that shows the balance of the account at the close of the preceding accounting period. As to the first accounting, the documents in support shall show the account balance immediately preceding the date the conservator or guardian was appointed. A copy of the Summary of Account referenced in subsection “A” shall be attached to the top of the supporting documents lodged with the court. The documents lodged pursuant to this rule shall be retained by the clerk and returned following judicial review.

CRITICALProposed or draft document; may not be in force

Applies to

Petition to establish fact of death

A petition to establish the fact of death or terminate a joint tenancy or life estate must be verified and include the specified exhibits.

A petition to establish the fact of death, (terminate a joint tenancy or life estate) shall be verified and shall have attached as exhibits:

CRITICALProposed or draft document; may not be in force

Applies to

Petition to establish fact of death

The petition must include a copy of the death certificate.

b) A copy of the death certificate.

CRITICALProposed or draft document; may not be in force

Applies to

Compensation petition

Petitions for compensation to a guardian, conservator, or their attorney must include the information required by CRC Rules 7.751 and 7.702.

All petitions for compensation to a guardian, conservator, or attorney for a guardian or conservator shall include the information required by CRC Rules 7.751 and 7.702.

CRITICALProposed or draft document; may not be in force

Applies to

Confidential report

Must include

caption

A confidential report in a guardianship or conservatorship proceeding must be filed separately, marked “CONFIDENTIAL” in the caption, and verified by the presenting party.

Any confidential report filed in a guardianship or conservatorship proceeding shall be filed as a separate document, shall contain the word "CONFIDENTIAL" in the caption, and shall be verified by the party presenting it.

CRITICALProposed or draft document; may not be in force

Applies to

Joint appendix

Parties must coordinate to prepare and lodge an electronic joint appendix containing every record page cited in their briefing.

1) Parties shall coordinate to prepare and lodge an electronic joint appendix containing each page of the records cited in the parties’ briefing.

CRITICALProposed or draft document; may not be in force

Applies to

Brief

Each party addressing an issue in briefing must state the issue’s burden of proof and identify who bears it.

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

CRITICALProposed or draft document; may not be in force

Applies to

Memorandum of points and authorities

Must include

word count

Attorneys must place a certification of word-limit compliance on a separate page after the memorandum’s final page, using substantially the stated language.

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

Checked and corrected to match the court's document on Oct 10, 2026CRITICAL

Proposed or draft document; may not be in force

Applies to

SB-CH-1 Declaration re: Notice for Ex Parte Application for Orders

The Declaration re: Notice for Ex Parte Application for Orders (SB-CH-1) is listed as mandatory.

SB-CH-1 Declaration re: Notice for Ex Parte 1/1/20 Mandatory

CRITICALProposed or draft document; may not be in force

Applies to

SB-CR-11 Request to be Placed on Calendar

The Request to be Placed on Calendar (SB-CR-11) is listed as mandatory.

SB-CR-11 Request to be Placed on Calendar 1/1/24 Mandatory

Checked and corrected to match the court's document on Oct 10, 2026CRITICAL

Proposed or draft document; may not be in force

Applies to

SB-CV-1/FL-1 At-Issue Memorandum / Readiness Certificate

The At-Issue Memorandum / Readiness Certificate (SB-CV-1/FL-1) is listed as mandatory.

SB-CV-1/FL-1 1/1/20 Mandatory

Checked and corrected to match the court's document on Oct 10, 2026CRITICAL

Proposed or draft document; may not be in force

Applies to

SB-CV-2 Name Change Background Information Form

The Name Change Background Information Form (SB-CV-2) is listed as mandatory.

SB-CV-2 Name Change Background 1/1/20 Mandatory

Checked and corrected to match the court's document on Oct 10, 2026CRITICAL

Proposed or draft document; may not be in force

Applies to

SB-FL-3 Intake Form – Family Court Services Mediation

The Intake Form – Family Court Services Mediation (SB-FL-3) is listed as mandatory.

SB-FL-3 Intake Form – Family 7/1/20 Mandatory

CRITICALProposed or draft document; may not be in force

Applies to

SB-PR-2 Confidential General Plan

The Confidential General Plan (SB-PR-2) is listed as mandatory.

SB-PR-2 Confidential General Plan 1/1/20 Mandatory

WARNINGProposed or draft document; may not be in force

Applies to

Law enforcement jury excusal statement

A law enforcement officer seeking excusal from jury service must timely provide identifying and employment information and a signed statement using the specified declaration.

For a Law Enforcement Officer to be excused pursuant to these statutes, the Law Enforcement Officer subject to jury summons must provide the court, within the time for requesting to be excused, their badge number, the name of the law enforcement agency with which they serve, and a written statement that they are currently employed by said agency. The written statement shall be signed as follows: “I declare under the penalty of perjury of the laws of the State of California that the foregoing information is true and correct. date: ______________________________________________ Signature of (printed name)”

WARNINGProposed or draft document; may not be in force

Applies to

Jury questionnaire

Counsel waives submission of proposed jury questionnaires if none is submitted under the rule.

If no proposed jury questionnaire is submitted pursuant to this rule, counsel will be deemed to have waived submission of proposed jury questionnaires.

WARNINGProposed or draft document; may not be in force

Applies to

Joint appendix

The joint-appendix requirements apply when the administrative record exceeds 2,000 pages.

c) Joint Appendix: This rule applies in any matter in which the Administrative Records exceeds 2,000 pages.

INFOProposed or draft document; may not be in force

Applies to

Notice

Notice to the court may be filed using Judicial Council Form JV-100 or JV-180.

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

INFOProposed or draft document; may not be in force

Applies to

Probate order

A probate order may refer to attached exhibits to safeguard against typographical errors, such as in lengthy property descriptions.

Orders may reference attached exhibits where use of the exhibits is meant to safeguard against typographical errors, for example where lengthy property descriptions are involved.

We could not confirm this summary. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to

Application for appointment of elisor ?

i. An application for appointment of an elisor shall be made by filing an application, declaration in support, and a proposed order.

We could not confirm this summary. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to

Proposed order ?

A. Clearly identify the document(s) the elisor is being asked to sign. A deed must state the type of deed. (i.e. grant deed, interspousal transfer deed, etc.) Escrow documents must be listed separately. (i.e. Escrow Instruction Dated. . ., Hazards Report, etc.)

Summary: The proposed order must identify each document to be signed, specify the type of any deed, and list escrow documents separately.

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

Proposed or draft document; may not be in force

ii. At least one supporting declaration needs to be filed with the request. The declaration must include: A. A list of the exact documents the elisor is being asked to sign. A deed must state the type of deed. (i.e., grant deed, interspousal transfer deed, etc.) Escrow documents must be listed separately. (i.e. Escrow Instruction Dated, Hazard Report, etc.) B. Include a description of the good faith efforts to meet and confer to resolve the issue. C. Specify facts establishing the necessity of the appointment of an elisor.

We could not confirm this summary. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to

Petition for extraordinary compensation ?

A petition must include, or be accompanied by, the statement of facts as required by CRC 7.702.

We could not confirm this summary. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to

Order after hearing or stipulation and order

Both parties must complete an order after hearing or stipulation and order to the extent possible before the hearing. The parties must present these documents to the judge at the hearing for final completion and any changes.

We could not confirm this summary. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to

Motion to suppress ?

The notice of a motion brought under Penal Code section 1538.5 must describe with particularity the evidence sought to be suppressed and must be served with a memorandum of points and authorities.

We could not confirm this summary. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to

Petition for final distribution ?

a) A full and complete description of all assets on hand;

We could not confirm this summary. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to

Exhibit

Must include

case number ?

Exhibits must reference the case name and number.

We could not confirm this summary. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to

Petition for final distribution ?

As to any claims rejected, the date of rejection must be set forth, and the original of the notice or rejection with affidavit of mailing to the creditor must be filed;

We could not confirm this summary. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to

Petition to establish fact of death ?

a) A copy of any instrument relating to any interest in the property; and

We could not confirm this summary. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to

Brief ?

Must include

word count

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

Summary: The brief’s certification states the applicable word limit and identifies the software-generated word count.

We could not confirm this summary. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to

SB-PR-1 Order Appointing Investigator (Guardianship) ?

SB-PR-1 Order Appointing 1/1/20 Mandatory

We could not confirm this summary. Read the court's wording below.WARNING?

Proposed or draft document; may not be in force

Applies to

Petition for final distribution ?

Ordinary overhead items, including, but not limited to, costs of duplication of documents, telephone calls, and automobile mileage are not proper cost items;

We could not confirm this summary. Read the court's wording below.WARNING?

Proposed or draft document; may not be in force

Applies to

Petition to establish fact of death ?

Comment: There is no statutory provision for the determination by a court for attorney fees in proceedings for termination of joint tenancy or a life estate. No request for fees for services of this character should be made.

Summary: The rule states that no request should be made for attorney fees for services in proceedings to terminate a joint tenancy or life estate.

We could not find this wording in the court's document. Open the source before relying on it.INFO?

Proposed or draft document; may not be in force

f) Non-ECT Cases: This section applies to all civil cases except juvenile dependency cases.

We could not confirm this summary. Read the court's wording below.INFO?

Proposed or draft document; may not be in force

Applies to

Probate order ?

The preferred practice is to incorporate the exhibit into the order and provide for a judicial signature element at the end of the exhibit