San Francisco Superior Court Document Filing Requirements

Applies to

Stipulation to adr

Participation in any court ADR program requires completing, filing, and submitting the attached Stipulation to ADR.

TO PARTICIPATE IN ANY OF THE COURT'S ADR PROGRAMS, PLEASE COMPLETE AND FILE THE ATTACHED STIPULATION TO ADR AND SUBMIT IT TO THE COURT.

Applies to

Trial setting conference statement

For matters placed on the Department 405 Trial Setting Conference Calendar, SFUFC Form 11.10-E must be filed and served at least 5 court days before the calendar.

If the matter is set on the Trial Setting Conference Calendar in Dept. 405, Trial Setting Conference Statements (SFUFC Form 11.10-E) must be filed and served at least 5 court days prior to the calendar.

Applies to

Application for order for publication or posting

Must include

proposed order

The application must include a proposed order for publication or posting.

The application must include a proposed ORDER FOR PUBLICATION OR POSTING.

Applies to

Publication service completion

Must include

certificate of service

Petitioner must file proof of publication, a completed proof of service of summons, and a request to enter default after publication is completed.

Petitioner must then file a PROOF OF PUBLICATION, a completed PROOF OF SERVICE OF SUMMONS, and a REQUEST TO ENTER DEFAULT.

Applies to

Request for service by posting

A request for service by posting must include either the order granting a fee waiver or a declaration explaining petitioner's inability to afford publication.

A request for service by posting must include a copy of the ORDER GRANTING FEE WAIVER or a declaration explaining why petitioner cannot afford to publish.

Applies to

Posting service completion

Must include

certificate of service

Petitioner must file proof of service by posting, a completed proof of service of summons, and a request to enter default after posting is completed.

Petitioner must then file a PROOF OF SERVICE BY POSTING, a completed PROOF OF SERVICE OF SUMMONS, and a REQUEST TO ENTER DEFAULT.

Applies to

Ex parte application

Must include

proposed order

Civil Case Management Department ex parte applications other than requests to shorten time are submitted on the papers without a personal appearance and must include a proposed order and a self-addressed stamped envelope.

In the Civil Case Management Department, ex parte applications other than to shorten time are submitted on the papers and no personal appearance is required. Proposed orders and a self-addressed stamped envelope must be included.

Applies to

Non confidential mediator report

Unless the court orders otherwise, the non-confidential mediator's information to the court must be written and copies must be provided to the parties or their attorneys before the hearing.

Unless otherwise ordered by the Court, all information provided by the non-confidential mediator to the Court must be in writing with copies provided to the parties and/or their attorneys of record prior to the hearing.

Applies to

Request for entry of default packet

The request for entry of default packet must include the items listed in the rule.

The request for entry of default packet must include the following:

Applies to

First pleading

Must include

caption

The caption page of the first CEQA pleading must identify the case as a CEQA case and include the words “CEQA case.”

The caption page of the first pleading in any case that alleges one or more claims under CEQA shall clearly identify that the case is a CEQA case. The words “CEQA case” must appear on the caption page.

Applies to

Motion

Must include

proposed order

The prevailing party must prepare a proposed order that repeats the tentative ruling’s substantive portion verbatim and bring it to the hearing, even for an unopposed or uncontested motion.

The prevailing party on a tentative ruling is required to prepare a proposed order repeating verbatim the substantive portion of the tentative ruling and must bring the proposed order to the hearing even if the motion is not opposed or the tentative ruling is not contested.

Applies to

Summary judgment motion

Must include

proposed order

A proposed order for a summary judgment or adjudication motion must comply with CCP § 437c(g).

If the proposed order is for a summary judgment and/or adjudication motion, the proposed order must comply with requirements of CCP § 437c(g).

Applies to

Proposed order

For the listed requests, proposed orders, appropriate fees, and copies with self-addressed stamped envelopes must be delivered to the Office of the Court Clerk.

Proposed orders, appropriate fees, and copies with self-addressed stamped envelopes must be delivered to the Office of the Court Clerk.

Applies to

Stipulated order

A stipulated order must be written and signed by both parties and any attorneys representing them.

A stipulated order must be in writing and signed by both parties and their attorneys, if either or both parties are represented.

Applies to

Substitution of attorney

When a different party or attorney files a Request for Order or responsive pleading while an attorney of record exists, the party or new attorney must file a substitution of attorney or a motion to remove the attorney of record before the hearing.

If there is an attorney of record or limited scope attorney, and a party or an attorney other than the attorney of record files a REQUEST FOR ORDER or Responsive Pleading, then prior to the hearing the party or new attorney must file a SUBSTITUTION OF ATTORNEY-CIVIL or a Motion seeking removal of the attorney of record.

Applies to

Trust petition

Must include

case number

Every petition involving a trust related to a conservatorship must be filed under a separate trust case number.

All petitions involving trusts related to conservatorships must be filed under a separate trust case number.

Applies to

Related pleading

Must include

case number

The conservatorship or trust case number must appear in parentheses beneath the caption of every related pleading.

The conservatorship or trust case number must be noted in parentheses under any pleading caption in the related matter.

Applies to

Trust account

A copy of the trust account must be provided to the Court Investigation Unit.

A copy of the trust account must be provided to the Court Investigation Unit.

Applies to

Proposed order

Must include

proposed order

The proposed Order Appointing Conservator must use Form GC-340 and leave Item 22, concerning disqualification from voting, blank.

Proposed Order Appointing Conservator (Form GC-340), must leave Item #22 (disqualification from voting) blank.

Applies to

Special needs trust petition

An attorney-in-fact's special-needs-trust petition must include CRC 7.903 protections unless the court waives them for good cause.

All petitions to establish a special needs trust brought by an attorney-in-fact must include the protections provided by CRC 7.903, unless the Court for good cause waives the inclusion of such provisions.

Applies to

Special needs trust budget

Before a special needs trust is established, the proposed trustee must submit a budget of anticipated expenditures from the trust.

Prior to establishment of a special needs trust, the proposed trustee must submit a budget of anticipated expenditures to be paid out of the special needs trust.

Applies to

Investment authorization petition

A trustee seeking court authorization for nonqualifying investments must petition initially and renew the request with each accounting, identify the investments, and address all statutory factors.

In order to make or retain investments that do not meet the requirements of Prob. Code § 2574(a), the proposed trustee/trustee must petition for Court authorization and must petition for renewed authority with each accounting. The petition must identify the proposed investment(s). The petition must also address all factors identified in Prob. Code § 2574(b).

Applies to

Family law petition or response

All parties must file and serve SFUFC Form 11.17 with a Family Law Act or Uniform Parentage Act petition or response.

All parties must file and serve SFUFC Form 11.17 with any of the following pleadings: 1. Petition under the Family Law Act or Uniform Parentage Act, or 2. Response under the Family Law Act or Uniform Parentage Act

Applies to

Extraordinary compensation petition

Extraordinary estate litigation compensation must be requested in advance through a properly noticed petition estimating litigation costs.

Extraordinary compensation for representing the estate in litigation outside the regular administration of the estate, whether by the attorney for the representative or outside counsel, must be requested in advance and will ordinarily be allowed upon a properly noticed petition estimating the cost of the litigation.

Applies to

Psychotropic medication authorization application

Psychotropic-medication applications must receive a Department of Public Health designee's review, and the results must be provided to the court using the local JV-220 Reviewer Statement form.

All applications for authorization to administer psychotropic medication must be reviewed by a designee of the San Francisco Department of Public Health and the results of the review must be provided to the court on the local form “JV-220 Reviewer Statement”.

Applies to

Psychotropic medication authorization forms

All required forms for psychotropic-medication authorization must be submitted to the Unified Family Court Supervising Judge or the judge's designee.

All required forms must be submitted to the Supervising Judge of the Unified Family Court or his/her designee.

Applies to

Psychotropic medication authorization application

Psychotropic-medication authorization applications must be reviewed by a Department of Public Health designee, with the results submitted to the court using the local JV-220 Reviewer Statement form.

All applications for authorization must be reviewed by a designee of the San Francisco Department of Public Health and the results of the review must be provided to the court on the local form “JV-220 Reviewer Statement”.

Applies to

Notice of remote appearance

A Notice of Remote Appearance (RA-010) is required before remote participation in a Probate evidentiary hearing or trial.

A party, counsel or witness must file a NOTICE OF REMOTE APPEARANCE (RA-010) before making a remote appearance at a proceeding noticed as an evidentiary hearing or trial.

Applies to

Opposition to remote proceedings

An opposition to remote proceedings on form RA-015 must be filed and served at least three court days before the proceeding.

A party, counsel, or witness objecting to the requirement that they appear remotely at an evidentiary hearing or trial or opposing a remote appearance by another party, counsel or witness at any proceeding must file and serve an OPPOSITION TO REMOTE PROCEEDINGS AT EVIDENTIARY HEARING OR TRIAL (form RA-015) at least three court days before the proceeding at issue.

Applies to

Citation request

Must include

proposed order

A citation request must include a proposed order directing the Clerk's Office to issue the citation.

Where a Court order is required for the issuance of a citation, a courtesy copy of the petition setting forth the relief requested, with hearing date affixed, must be submitted together with a courtesy copy of a separate ex parte petition requesting a Court order allowing the issuance of a citation. A proposed order must also be submitted, which order will direct the Clerk's Office to issue a citation.

Applies to

Hourly rate fee request

Hourly-rate guardian, conservator, or trustee fee requests must include a declaration and supporting time records.

All requests for fees based on an hourly rate must be accompanied by a declaration of the guardian, conservator, or trustee with supporting time records.

Applies to

Time records

Supporting time records must identify each billing party, hourly rate, service time, and total fee for every entry.

Time records must identify the billing party providing the service and include the hourly rate for each billing party, the time spent on the services described in the entry, and the total fee charged for that entry.

Applies to

Fee request

Fee requests must detail the applicable CRC 7.756 or CRC 7.776 standards and criteria sufficiently for the court to evaluate reasonableness.

In addition, the request must address the standards and criteria set forth in CRC 7.756 or CRC 7.776 in sufficient detail for the Court to evaluate the reasonableness of the requested fees.

Applies to

Attorney fee request

Attorney fee requests must include a sworn declaration describing services, time, average rate, results, and benefit to the entity, supported by timesheets.

Fee requests must be supported by a declaration under penalty of perjury of services performed, time expended, average hourly rate, results accomplished, and benefit to the entity and must be supported by time sheets.

Applies to

Timesheet

Each timesheet entry must identify the attorney or paralegal, hourly rate, service time, and total fee charged.

Each timesheet entry must identify the attorney/paralegal providing the service and include the hourly rate for the attorney/paralegal, the time spent on the services described in the entry, and the total fee charged for that entry.

Petitions and distribution orders must describe assets on hand, and orders concerning real property must include its full legal description.

7. Failure to describe assets on hand in petitions for distribution, or to describe assets in orders making distribution and failure to include full legal description of real property in order of distribution and in orders confirming sale of real property.

Applies to

Extraordinary fee request

An extraordinary-fee request must sufficiently allege and describe the services rendered.

8. Failure to sufficiently allege and describe services rendered on extraordinary fee requests.

Applies to

Petition for final distribution

A petition for final distribution must justify the proposed distribution by referencing the will or outlining intestate entitlement.

18. In petitions for final distribution, failure to justify the proposed distribution by references to the will or by outlining the intestate entitlement.

Applies to

Probate petition

A trust or trustee named as a devisee must be clearly identified, and any trustee or trustees must be identified in item 8.

If a will names a trust or trustee as a devisee, the trustee(s) must be clearly identified in item 8.

Applies to

Probate petition

When the personal representative is also the sole trustee or when there is no trustee, the trust beneficiaries must be clearly identified.

Where the personal representative and the sole trustee are the same person, or if there is no trustee, the beneficiaries of the trust must be clearly identified.

Applies to

Probate petition

For second-generation or more distant heirs, the petition must name the deceased ancestors through whom they inherit, state their relationships to the decedent, and specify their dates of death.

When second generation or more distant heirs are listed, the deceased ancestor(s) through whom they take (or would have taken) must be named, the relationship(s) to the decedent stated, and the date(s) of death specified.

Applies to

Probate petition

The probate petition must specify the date of death for every deceased devisee and heir.

The date of death must be specified for all deceased devisees and heirs.

Applies to

Probate petition

An explanation is required when a devisee predeceased the decedent or failed to satisfy the designated survival period and no successors-in-interest are identified.

If a devisee predeceased the decedent or did not survive for the designated survival period, an explanation must be provided if no successors-in-interest are identified.

Applies to

Probate petition

When an heir or devisee died after the decedent, the petition must state whether a court appointed a personal representative for that person.

If an heir or devisee died after the decedent, the petitioner must allege whether or not a personal representative has been appointed by a court for such deceased heir or devisee.

Applies to

Probate petition

If a post-deceased heir or devisee has no appointed personal representative, or that representative is the petitioner, all heirs and devisees of that person must be listed.

If no personal representative has been appointed for the post-deceased heir or devisee, or such personal representative is the same person as the petitioner, all heirs and/or devisees of the post-deceased heir or devisee must be listed.

Applies to

Duties and liabilities form DE 147

Judicial Council Form DE-147 must be filed before the court appoints a personal representative.

The Duties and Liabilities form (Judicial Council Form DE-147) must be on file prior to appointment of a personal representative.

Applies to

Probate petition

If duplicate wills were executed, both documents must be offered for probate.

If duplicate wills were executed, both documents must be offered for probate

Applies to

Notice of intention to sell

A cash-only sale must be identified as such in the published notice.

If the property is to be sold for cash only, the notice must so state.

Applies to

Notice of intention to sell

When an estate prefers all-cash offers but will consider part-cash and part-credit offers, the notice must contain the specified payment-language formulation.

If the estate would prefer all cash but will accept part cash and part credit, the notice must include the following language: "All cash, or part cash and part credit, the terms and conditions of credit as are acceptable to the fiduciary and the Court.”

Applies to

Account statement

Account statements or letters must cover the accounting period through its ending date rather than stopping before that date.

The statements or letters must encompass, not precede, the ending date of the accounting period.

Applies to

Account

The account's ending balance must be reconciled to filed financial statements or letters.

Ending balances shown in the account must be reconciled to the statements or letters, which must be filed.

Applies to

First account

For the first account in the specified fiduciary proceedings, every fiduciary must file original statements showing the balance immediately before appointment.

For the first account, all fiduciaries must also file original account statements showing the account balance on the date immediately preceding the date the fiduciary was appointed.

Applies to

Interim account

Every interim account must address the sufficiency of the bond.

Sufficiency of bond must be addressed in all interim accounts.

Applies to

Distribution petition

Distribution to a power-of-attorney agent requires a filed copy of the power of attorney and disclosure of it in the distribution petition.

If distribution is to be made to an agent under a power of attorney, a copy of the power of attorney must be filed and must be disclosed in the petition for distribution.

Applies to

Declaration

When assets are delivered to a minor's parent under Probate Code section 3401, the parent's compliant declaration must be filed before the hearing.

Where delivery of the assets is to be made to the minor's parent pursuant to Probate Code § 3401, the declaration by the parent complying with the provisions of that section must be on file before the hearing date.

Applies to

Distribution order

Amounts exceeding the Probate Code section 3401 threshold must be deposited into a California FDIC-insured blocked account or distributed to a court-appointed guardian of the minor's estate.

For amounts exceeding the amount under Probate Code § 3401, distribution must be deposited into a California FDIC insured blocked account, pursuant to Probate Code § 3610, or made to a court-appointed guardian of the estate of the minor.

Applies to

Distribution order

When a blocked account is used, the depository's receipt and agreement must be filed and the distribution order must provide for the blocked account.

Where a blocked account is to be used, the receipt and agreement of the depository must be filed and the order of distribution shall so provide.

Applies to

Beneficiary consent

Blocked-account funds in lieu of bond may not be released without the beneficiary’s written consent on file.

Funds held in blocked accounts in lieu of bond will not be released to the personal representative for distribution unless the beneficiary’s written consent is on file.

Applies to

Preliminary distribution receipts

Receipts for preliminary distributions must be filed before approval of the final distribution.

Receipts for any preliminary distribution must be on file prior to the approval of final distribution.

Applies to

Proposed statement on appeal

The proposed statement on appeal form must be filed as an original with two copies with the criminal-division appeals clerk within the CRC Rule 8.915 deadline.

An original and two copies of the form must be filed with the appeals clerk in the criminal division of the Hall of Justice, within the time limits established by CRC Rule 8.915.

Applies to

Post order approval petition

If distributed assets differ from the assets in the final-distribution order, the personal representative must file a fully noticed petition seeking approval of post-order actions.

If the assets distributed are not identical to the assets set forth in the Order for Final Distribution, the personal representative must file a fully noticed petition to seek approval of actions taken after the Order for Final Distribution was issued.

Applies to

Family allowance petition

A petitioner seeking a contested family allowance must file Judicial Council Form FL-150 before the hearing.

If a petition for family allowance is contested, the petitioner must file an income and expense declaration prior to the hearing. (Judicial Council Form FL-150.)

Applies to

Petition to establish fact of death

A petition to establish the fact of death must be filed under the deceased person’s name.

A petition to establish the fact of death must be filed in the name of the deceased person.

Applies to

Probate petition

A probate petition concerning real property must attach and incorporate a document showing the decedent's interest, or set out the entire vesting instrument and recordation data.

If the property affected is real property, a copy of the document showing the decedent's interest must be attached to the petition and incorporated therein, or the petition must set forth the entire instrument vesting title, including the recordation data.

Applies to

Probate petition

A probate petition concerning personal property must state the property's location, description, and the decedent's interest with particularity.

If the property affected is personal property, the location and the description of the property and the decedent's interest therein must be set forth with particularity.

Applies to

Probate petition

Must include

case number

Will contests, objections to probate petitions, and later probate petitions must use the probate case number assigned to the decedent's first estate petition.

All will contests, objections to petitions for probate, or petitions for probate filed after the first petition must use the probate case number of the first petition filed in the decedent's estate.

Applies to

Account report

The report accompanying each guardianship account must state the ward's age, health, and whereabouts.

The report accompanying each account must contain a statement of the age, health, and whereabouts of the ward.

Applies to

Order on final account or final report

The caption title of an order on the final account or final report following a waiver must begin with “Order Closing Guardianship.”

The title on the caption of the order on the final account or final report on waiver of account must begin with Order Closing Guardianship.

Applies to

Trust petition

Must include

case number

A petition placing a proposed conservatee’s living trust or Special Needs Trust under court supervision must be filed under a separate trust case number.

A petition to bring a (proposed) conservatee’s living trust or a Special Needs Trust under court supervision must be filed under a separate trust case number.

Applies to

Default judgment evidence

For qualifying debt-buyer actions involving consumer debts sold or resold on or after January 1, 2014, the operative complaint must comply with CCP § 1788.58 and the default-judgment evidence must satisfy CCP § 1788.60.

In an action brought by a debt buyer upon a consumer debt sold or resold on or after January 1, 2014, the operative complaint must satisfy CCP § 1788.58 and the requesting party’s evidence in support of default judgment must satisfy the evidentiary requirements of CCP § 1788.60.

Applies to

Supplemental financial documents

When financial issues are disputed, each party must serve and lodge the specified supplemental financial materials in a confidential envelope unless they were previously submitted.

In all proceedings where financial issues are disputed, each party must serve on the opposing party and lodge (in a confidential envelope) the following additional financial information and documentation (unless they have previously been submitted):

Applies to

Supplemental financial documents

Employees must provide two recent pay stubs and the preceding year-end paystub, while self-employed parties must provide recent annual and current-year-to-date business financial statements.

A wage-earning or salaried employee must provide his/her two most recent pay stubs, as well as year-end paystubs for the immediately preceding year. A self- employed party must provide his/her most recent annual business profit and loss or financial statement, together with current year to date profit and loss or financial statement for the business.

Applies to

Order to show cause or request for order

For matters on a short cause calendar, the moving party must attach the Tentative Ruling Instructions to an Order to Show Cause or Request for Order.

In any matter appearing on a short cause calendar, the moving party must attach a copy of the Tentative Ruling Instructions to any Order to Show Cause or Request for Order.

Applies to

Proposed order

Must include

proposed order

Each petitioner must submit a proposed order at least ten court days before the scheduled hearing.

Each petitioner must submit a proposed order at least ten (10) court days in advance of the scheduled hearing date.

Applies to

Ex parte petition

Must include

proposed order

Each drop-off ex parte petition must include a proposed order.

For ex parte petitions not requiring a personal appearance (see Appendix B), a courtesy copy of the petition and the proposed order must be delivered to the file clerk at the Probate window in Room 103.

Applies to

Petition to decrease bond

Decreasing fiduciary bond ordinarily requires a fully noticed petition, except when the court permits another procedure after distribution or the distribution order authorizes an ex parte petition.

A fully noticed petition is required to decrease bond unless the court has permitted otherwise after distribution has been made, unless the order authorizing distribution also authorized the fiduciary to seek reduction of bond via an ex parte petition.

Applies to

Order for withdrawal of guardianship funds

Guardianship funds may not be released before approval of the petition to terminate the guardianship estate.

Funds will not be released prior to approval of the petition for termination of the guardianship estate.

Applies to

Application for order extending time

Must include

proposed order

An application to extend time to serve summons and the complaint must be in writing and include a proposed order.

A written application must be filed and a courtesy copy with a proposed order delivered to the Civil Case Management Department.

Applies to

Settlement conference materials

At least five court days before the settlement conference, the parties must exchange and deliver the listed materials to the settlement conference judge without filing them with the clerk.

Not less than five (5) court days prior to the scheduled conference, the parties must exchange and deliver to the settlement conference judge the following items, which are not filed with the clerk's office:

Applies to

Settlement conference statement

The parties must exchange a settlement-conference statement covering the facts, legal issues and contentions, latest demands and offers, and the plaintiff's defendant-by-defendant liability evaluation.

1) A statement describing the facts of the case and relevant legal issues and contentions; the latest demands and offers between the parties; and in the plaintiff’s statement, an evaluation of the percentage of liability attributed to each defendant for the purpose of allocation of non-economic damages;

Applies to

Evidence of minor age

For a decedent-estate or trust withdrawal after a beneficiary minor reaches majority, evidence of age must be conventionally filed separately with a pleading cover sheet and may not be e-filed.

In Decedent Estates/Trusts where withdrawal is sought because the minor entitled to distribution has reached majority, a certified copy of the minor’s birth certificate or other convincing evidence of the minor’s age must be filed separately and conventionally with a pleading cover sheet attached (i.e., not e-filed).

Applies to

Petition

The petition must be verified by the petitioner.

16. Omission of verification by petitioner.

Applies to

Vexatious litigant leave application

An application by a vexatious litigant for leave to file a complaint must be written and accompanied by supporting materials.

The application for such leave must be in writing and must be accompanied by:

Applies to

Vexatious litigant leave application

A vexatious-litigant leave application must be accompanied by a copy of the proposed complaint.

A copy of the proposed complaint.

Applies to

Vexatious litigant declaration

The declaration must identify all prior actions and their dispositions, explain the proposed complaint’s merit, explain why leave is not sought for harassment or delay, and include the specified proposed order.

A declaration set forth: 1) The court name and number of all prior actions which the applicant previously has filed against each defendant named in the proposed complaint and the disposition of each such action; 2) The reasons the proposed complaint has merit; 3) The applicant’s reasons why leave to file the proposed complaint is not requested for the purposes of harassment or delay; and 4) A proposed order with a blank to be completed by the Presiding Judge indicating that the application is granted or denied, and a second blank indicating the amount of security, if any, that must be furnished for the benefit of the defendant(s) as a condition of filing the proposed complaint, pursuant to CCP § 391.7(b).

Applies to

Vexatious litigant leave application

Must include

proposed order

The vexatious-litigant application must include a proposed order with a ruling blank and a blank specifying any security required as a condition of filing.

A proposed order with a blank to be completed by the Presiding Judge indicating that the application is granted or denied, and a second blank indicating the amount of security, if any, that must be furnished for the benefit of the defendant(s) as a condition of filing the proposed complaint, pursuant to CCP § 391.7(b).

Applies to

Ex parte application

Must include

proposed order

An exemption applicant must appear at the hearing and submit a proposed order and a specific declaration of undue hardship or significant prejudice.

The applicant must appear at the hearing. The application must be accompanied by a proposed order and a declaration under penalty of perjury setting forth with specificity the undue hardship or significant prejudice that the applicant asserts would result from compliance with the E-Filing Rules.

Applies to

Ex parte application

Must include

proposed order

An ex parte application for a specially set settlement conference must include a proposed order and proof of service.

A party to any limited or unlimited jurisdiction civil proceeding, short or long cause, may apply to the Presiding Judge for a specially set settlement conference by filing an ex parte application which must include a proposed order and proof of service.

Applies to

Settlement conference statement

Counsel must request lienholders or their representatives in writing to attend the settlement conference and attach a copy of that request to the settlement conference statement.

All counsel must ascertain whether there are claims or liens which may affect a settlement and meet and confer with lien holders and request in writing that the claimants or lien holders, or their representatives, attend the settlement conference. A copy of such written request must be attached to the settlement conference statement.

Applies to

Medical reports

The parties must exchange a copy of the most recent medical reports for the settlement conference.

2) A copy of the most recent medical reports;

Applies to

Damages summary

The parties must exchange a summary of injuries and residuals and a statement of economic and noneconomic damages, including medical bills, lost earnings, and any special damages.

3) A summary of injuries and residuals and a statement of economic and non- economic damages, including medical bills, loss of earnings and other claimed special damages, if any; and

Applies to

Expert witness information

The parties must provide the names, addresses, and specialties of any expert witnesses who will be called at the settlement conference.

4) The names, addresses, and specialties of any expert witness who will be called.

Applies to

Ex parte application

Must include

certificate of service

An application to continue or vacate a settlement conference must include a proof of service and a declaration stating good cause.

which application must include a proof of service and a declaration stating good cause for the continuance or removal of the settlement conference.

Applies to

Ex parte application

Must include

proposed order

A request to continue or vacate a settlement conference must include a proposed order and a self-addressed stamped envelope.

Proposed orders and a self-addressed, stamped envelope must be included.

Applies to

Continuance motion

A motion to continue a trial-calendar case must be accompanied by supporting declarations.

These motions must be accompanied by supporting declarations.

Applies to

Stipulation

A stipulated continuance requires a filed stipulation signed by all parties and agreeing to a specific Monday trial date, shifted to Tuesday when Monday is a court holiday.

2) A filed stipulation by all parties including an agreement to a specific trial date. Trial dates are on a Monday, if Monday is a court holiday, on the Tuesday after a Monday court holiday; and

Applies to

Ex parte application

Must include

proposed order

A stipulated trial continuance submission must include a proposed order.

3) A proposed order.

Applies to

Deposition extracts

At least 10 days before trial, or as soon as the trial judge is known, the parties must lodge deposition designations and counter-designations with sufficient notations of objections and responses for the judge to rule.

At least ten (10) days prior to trial, or later as soon as the trial judge is known, the parties must lodge with the trial judge the designations and counter-designations of such testimony together with brief notations of all objections and responses thereto sufficient to allow the trial judge to rule on those objections.

Applies to

Exhibit list

At least 10 days before trial, or as soon as the trial judge is known, the parties must lodge a proposed-exhibit list with the trial judge.

At least ten days prior to trial, or as soon as the trial judge is known, the parties must lodge with the trial judge a list of proposed exhibits and a list of witnesses expected to be called (except for rebuttal witnesses).

Applies to

Witness list

For each listed witness, the witness list must state the expected area of testimony and the estimated time for direct examination.

The witness list must include for each witness a brief statement of the expected area of testimony and time estimate for direct.

Applies to

Jury instructions

In every jury trial, the parties must deliver all proposed jury instructions to the trial judge under CCP § 607a.

In all jury trials, parties must deliver all proposed instructions to the trial judge pursuant to CCP § 607a.

Applies to

Jury instructions

In limited jurisdiction cases, all parties must meet and confer before the jury-instruction settlement conference and notify the trial judge in writing which proposed instructions all parties accept.

In limited jurisdiction cases, prior to the conference to settle jury instructions, all parties must meet and confer and notify the trial judge in writing which of the proposed instructions are acceptable to all parties.

Applies to

Jury instructions

In unlimited jurisdiction cases, within 2 court days after assignment, all parties must meet and confer and notify the trial judge in writing which proposed instructions all parties accept.

In unlimited jurisdiction cases, within two (2) court days after the date of assignment, all parties must meet and confer and notify the trial judge in writing which of the proposed instructions are acceptable to all parties.

Applies to

Process server declaration

A request relying on substituted service under CCP § 415.20(b) must include a process-server declaration stating the required facts.

A requesting party who is relying upon service of summons by substituted service pursuant to CCP § 415.20(b) must submit a declaration by the process server stating:

Applies to

Default judgment packet

A default-judgment packet must include every document required by CRC 3.1800 and the additional documents listed in the local rule.

The requesting party must include in the default judgment packet all documents identified in CRC 3.1800, plus the following:

Applies to

Default judgment packet

The default-judgment packet must include an endorsed-filed copy of the operative complaint and summons.

An endorsed-filed copy of the operative complaint and summons;

Applies to

Default judgment request

A request for default judgment covered by paragraph (4) must be made by affidavit under CCP § 585(d).

Such requests for default judgment must be by affidavit pursuant to CCP § 585(d).

Applies to

Default judgment packet

In limited-jurisdiction actions not covered by paragraph (4), papers sufficient to obtain default judgment by affidavit under CCP § 585(d) must be submitted.

In limited jurisdiction actions not covered by paragraph (4), the requesting party must submit papers sufficient to obtain default judgment by affidavit pursuant to CCP § 585(d).

Applies to

Notice of hearing

If the Court requires a prove-up hearing for a paragraph (5) request, the moving party must file a notice of hearing and pay the related motion and court reporter's fees.

As to any request covered by this paragraph, the Court may require a prove-up hearing in which case the clerk will inform the moving party of the date, time and place of the hearing and the moving party will have to file a notice of hearing and pay related motion and court reporter’s fees.

Applies to

Default judgment request

A request for one judgment resolving an action with both appearing and defaulted defendants must include a written demonstration that judgment can be entered against the appearing defendants and must state the terms of that judgment.

If a requesting party seeks a single judgment to resolve an entire action in which some defendants have appeared and some have defaulted, the requesting party must demonstrate in writing that a judgment can be entered as to the appearing defendant(s) and the terms of such judgment as to the appearing defendant(s).

Applies to

Default judgment packet

An unlimited-jurisdiction default judgment packet must be filed without a hearing date because the clerk will select and schedule the prove-up hearing after filing.

The default judgment packet must be filed without a hearing date.

Applies to

Ex parte application

Must include

proposed order

A request to waive witnesses and proceed by declaration must be made by an ex parte application showing good cause, supported by declarations and accompanied by a proposed order.

The requesting party may request a waiver of the witness requirement and permission to proceed by declaration in whole or in part by filing an ex parte application showing good cause, declaration(s) in support of the good cause showing and a proposed order.

Applies to

Auto default judgment application

An Auto Default Judgment application must be submitted by affidavit under CCP § 585(d) and include the Auto Deficiency Judgment Declaration Form.

Applications for Auto Default Judgment must be submitted on affidavits pursuant CCP§ 585(d) and include an Auto Deficiency Judgment Declaration Form.

Applies to

Trial time limits statement

Parties must file a joint trial-time statement, or separate statements if unable to agree, stating estimated trial hours, a detailed direct-witness list and examination time, and each party’s total direct-examination time.

The parties must file a Joint Statement re Trial Time Limits (or separate statements if unable to agree), setting forth: a. The total number of hours needed to try the case; b. A witness list with the name of each witness to be called on direct, a brief description of the general subject matter of the witness’ testimony, the number of hours of direct examination that will be required for that witness, and c. The total number of hours of direct examination required by each party.

Applies to

Joint case management statement

The joint case management statement must identify the Rule 3.750(b) issues agreed upon by the parties and those requiring a court ruling at the conference.

The joint case management statement must identify those issues in California Rules of Court, Rule 3.750 (b), which are agreed upon and those which the court must rule on at the conference.

Applies to

Amended pleading

When the court grants a motion to amend a pleading, the moving party must file the amendment or amended pleading as a separate document.

If the Court grants a motion to amend a pleading, the moving party must file the amendment or amended pleading as a separate document.

Applies to

Request for judicial notice

A request for judicial notice of documents filed in a San Francisco Superior Court case must attach copies of those documents.

A party requesting judicial notice of any documents that have been filed in a San Francisco Superior Court case must attach copies of those documents to the party’s Request for Judicial Notice.

Applies to

Request for judicial notice

A request for judicial notice of documents filed in another court must attach certified copies of those documents.

A party requesting judicial notice of any documents that have been filed in a court file other than the San Francisco Superior Court must attach certified copies of those documents to the party’s Request for Judicial Notice.

Applies to

Summary judgment or summary adjudication filing

Must include

proposed order

A party moving for or opposing summary judgment or summary adjudication must bring a compliant proposed order to the hearing.

A party moving for or opposing summary judgment or summary adjudication must bring to the hearing a proposed form of order that complies with CCP § 437c(g).

Applies to

Default judgment

Evidence at a forfeiture default-judgment hearing must consist of declarations and requests for judicial notice, without testimony or cross-examination, unless the court permits otherwise for good cause.

Evidence received at the hearing must be by declaration and by request for judicial notice without testimony or cross-examination, except as allowed in the Court’s discretion for good cause shown.

Applies to

Discovery papers

The title page of every paper related to discovery must include the word “discovery.”

4) Discovery. The word “discovery” must be typed on the title page of all papers related to discovery.

Applies to

Ex parte application

Must include

proposed order

Ex parte applications must include a proposed order and, when applicable, a proposed judgment.

All ex parte applications must be accompanied by a proposed order and a proposed judgment, where applicable.

Applies to

Memorandum to set for trial

Must include

certificate of service

A memorandum to set an unlawful-detainer case for trial must include proof of service on all parties and a copy of the appearing defendants’ answer.

To set a case for trial, a party must file a memorandum to set for trial accompanied by (1) a proof of service served on all parties; and (2) a copy of the appearing defendants’ answer.

Applies to

Moving or responsive pleading

The required financial production includes the most recent individual tax return and, for qualifying hearings, prior-year income forms, with Social Security Numbers redacted.

a copy of the most recent individual income tax return (with any Social Security Numbers redacted), and (if the hearing is scheduled between February 1 and the date the party’s tax return is filed) copies of all W-2 forms, 1099 forms, K-1’s and other forms reflecting receipt of income during the previous year (with any Social Security Numbers redacted).

Applies to

Document to be served

When CARU is asked to locate a party and child under the Family Code, the document to be served must contain the quoted CARU notice.

In cases where CARU is asked to locate a party and the child pursuant to the Family Code, the document to be served must contain the following language, “If the Child Abduction Recovery Unit becomes aware of relevant information they reasonably believe might have, had it been known to the Court, affected the nature of this Order, CARU will immediately inform the Court of the information.”

Applies to

Request for order

A post-judgment request for order seeking modification of the judgment must include a copy of the judgment as an exhibit.

A post-judgment REQUEST FOR ORDER requesting a modification of the judgment or any modification to it must include a copy of the judgment as an exhibit.

Applies to

Statement of support calculations

Each party seeking a child- or spousal-support order must file and serve a statement of support calculations identifying the assumptions relevant to the support calculation.

If either party seeks a Court order regarding child support or spousal support, each party must file and serve a STATEMENT OF SUPPORT CALCULATIONS that sets forth the party’s assumptions with regard to gross income, tax filing status, timeshare, add-on expenses, and any other factor relevant to the support calculation.

Applies to

Moving or responsive pleading

A party must provide the specified supporting financial documents to the other party no later than the due date of its moving or responsive pleading.

No later than the date by which a party’s moving or responsive pleading is due, that party must provide to the other party:

Applies to

Moving or responsive pleading

The moving or responsive pleading must be accompanied by copies of all supporting documentation intended for use at the hearing.

copies of all supporting documentation upon which that party intends to rely at the Court hearing; and

Applies to

Expert fee request

An expert-fee request must include an expert-completed factual declaration stating the hourly rate, task scope, and estimated completion hours.

Any request for expert’s fees must be accompanied by a factual declaration completed by the expert. The declaration must state the expert’s hourly rate, the scope of the expert’s task, and an estimate of the number of hours required to complete the task.

Applies to

Support deviation declaration

Unless the court permits otherwise, a party challenging guideline support must file a declaration stating the proper amount and the factual and legal grounds for a deviation.

Unless otherwise allowed by the Court, if a party contends that the amount of support as calculated under the guideline formula is inappropriate, that party must file a declaration stating the amount of support alleged to be proper and the factual and legal bases justifying a deviation from guideline support.

Applies to

Proposed order

Except for Child Support matters heard in Department 416, every party must lodge and serve a proposed order at least five court days before the hearing.

All parties must Conventionally lodge with the Court and serve on the other party a proposed order no later than 5 court days before the hearing. This Rule does not apply to Child Support matters heard in Department 416.

Applies to

Update declaration

When a review hearing is set, an update declaration is due at least ten calendar days beforehand unless the court specifies a different deadline; the quoted provision continues beyond the supplied text.

When a review hearing is set, at least 10 calendar days prior to the review hearing (unless the Court specifies a different deadline), both

Applies to

Proposed order

Must include

proposed order

The proposed Findings and Order After Hearing must reproduce the Tentative Ruling verbatim.

The proposed order must repeat the Tentative Ruling verbatim.

Applies to

Ex parte request for order

An ex parte application must include proof of timely notice to the other party using Declaration Regarding Notice of Ex Parte Application, form FL-303.

To comply with CRC 5.151(c)(4) a party must include proof of timely notice to the other party on DECLARATION REGARDING NOTICE OF EX PARTE APPLICATION, FL-303.

Applies to

Statement of last demands and proposal

By the Mandatory Settlement Conference, each party must give the Settlement Conference Officers and serve on the other party, but not file with the court, a statement of the latest demands and offers and a proposed resolution for every disputed issue.

On or before the Mandatory Settlement Conference, each party must provide a statement to the Settlement Conference Officers setting forth both: the latest demands and offers between the parties; and a written proposal for resolution of all issues. This statement must be served on the other party but must not be filed with the Court. The proposal must set forth a proposed resolution for each disputed issue.

Applies to

Stipulated order

Child-support stipulations establishing or modifying support must use form FL-350.

All stipulations establishing or modifying child support must be submitted on a STIPULATION TO ESTABLISH OR MODIFY CHILD OR FAMILY SUPPORT AND ORDER form (FL-350).

Applies to

Stipulated order

Child-support stipulations below the guideline amount must include the acknowledgment required by Family Code § 4065(a)(5) and (c).

All stipulations for child support below the guideline amount must contain the acknowledgment required pursuant to Family Code § 4065(a)(5) and (c).

Applies to

Stipulated order

A child-support case registry form FL-191 completed for each party is required before the court will sign the stipulation.

The Court will not sign any stipulation that is not submitted with a CHILD SUPPORT CASE REGISTRY FORM (FL-191) completed for each party.

Applies to

Stipulated order

When DCSS is involved, DCSS must approve the form of every child-support stipulation before it is submitted to the court.

Where DCSS is involved, approval as to form of all stipulations regarding child support must be obtained from DCSS prior to submission of the stipulation to the Court.

Applies to

Dv 130 restraining order after hearing

A person requesting a restraining order must complete the DV-130 form and bring it to the hearing.

The person requesting issuance of a restraining order must complete a DV-130: RESTRAINING ORDER AFTER HEARING (CLETS-OAH)(ORDER OF PROTECTION) form and bring the completed form to the restraining order hearing.

Applies to

Status conference statement

Each party must file SFUFC Form 11.12 no later than 10 calendar days before the scheduled Status Conference.

Each party must file a STATUS CONFERENCE STATEMENT, SFUFC Form 11.12 no later than ten (10) calendar days before the scheduled Status Conference.

Applies to

Mandatory settlement conference statement

Each party must serve a final disclosure declaration or fully augment the preliminary disclosures by the conference-statement submission date, including the specified asset, liability, valuation, and community-interest information.

On or before the date of submission of their MANDATORY SETTLEMENT CONFERENCE STATEMENT, each party must also serve a FINAL DECLARATION OF DISCLOSURE or otherwise fully augment any preliminary declarations of disclosure previously served, including disclosure of all material facts and information regarding the characterization of all assets and liabilities, the valuation of all assets that are contended to be community property or in which it is contended the community has an interest, and the amounts of all obligations that are contended to be community obligations or for which it is contended the community has liability.

Applies to

Mandatory settlement conference statement

The Mandatory Settlement Conference Statement must include the specified case, issues, support, proposed property-division spreadsheet, and, when applicable, attorney or expert fee information.

A MANDATORY SETTLEMENT CONFERENCE STATEMENT must contain all of the following: a. Statistical Facts. ... b. Brief Summary of the Case. c. Stipulated/Uncontested Issues. ... d. Statement of Issues in Dispute. ... e. Statement of Facts re: Support. ... f. Proposed Property Division. Parties must include a spreadsheet summarizing property division which lists each asset and debt, estimated and actual values, and a proposal regarding division and assignment of each asset and debt. ... g. Declaration in Support of Attorney’s and/or Expert’s Fees and Costs.

Applies to

Request for costs

A request for costs must be supported by a declaration stating the nature and amount of costs incurred.

A request for costs must be supported by a declaration stating the nature and amount of costs incurred.

Applies to

Mandatory settlement conference statement

A party who has not filed the final-declaration-of-disclosure service declaration must include a detailed written verification of augmented disclosures in its Mandatory Settlement Conference Statement.

Any party who has not filed a DECLARATION REGARDING SERVICE OF FINAL DECLARATION OF DISCLOSURE, must include in the Mandatory Settlement Conference Statement a written verification that they have fully augmented the preliminary declarations of disclosure, including disclosure of all material facts and information regarding the characterization of all assets and liabilities, the valuation of all assets that are contended to be community property or in which it is contended the community has an interest, and the amounts of all obligations that are contended to be community obligations or for which it is contended the community has liability.

Applies to

Mandatory settlement conference statement

The filing must summarize each appraisal or expert report offered at trial and attach a full copy of each report.

Include a brief statement summarizing the contents of any appraisal or expert report to be offered at trial. Attach full copies of all appraisals and expert reports to be offered at trial.

Applies to

Mandatory settlement conference statement

The filing must attach a witness list with testimony summaries and include identifying and qualification information for each expert witness.

Attach a list of all witnesses to be called at trial and a brief summary of their testimony. Include the name, business address, and statement of qualifications of any expert witness.

Applies to

Mandatory settlement conference statement

The filing must include intended legal arguments and cite the numbered Settlement Conference Statement paragraphs to which they apply.

Include any legal arguments upon which a party intends to rely with references to the numbered paragraph of the SETTLEMENT CONFERENCE STATEMENT to which the legal arguments apply.

Applies to

Settlement proposal

When child support is disputed, the settlement proposal must include a guideline support calculation.

If child support is in dispute, the proposal must include a guideline support calculation.

Applies to

Stipulated judgment

All parties and attorneys must sign stipulated judgments resulting from the conference, and any judgment entered on the record during the conference must be submitted to the calendaring department.

All parties, and their attorneys, must sign any stipulated judgments resulting from the Mandatory Settlement Conference. Stipulated judgments resulting from a Mandatory Settlement Conference and put on the record at the time of the Mandatory Settlement Conference must be submitted to the Department in which the Mandatory Settlement Conference was calendared.

Applies to

Proposed order

Must include

proposed order

Each party must lodge and serve a proposed post-hearing order at least five calendar days before the hearing.

Five (5) calendar days before hearing, each party must lodge with the Court and serve on all parties a proposed order after hearing.

Applies to

Request for family judgment

Requests for the listed family judgments must generally be submitted by declaration under Family Code § 2336, except for judgments entered in open court or submitted by the Department of Child Support Services.

Except where a judgment was entered in open court or submitted by the Department of Child Support Services, all requests for JUDGMENT OF DISSOLUTION, JUDGMENT OF LEGAL SEPARATION, JUDGMENT OF NULLITY, JUDGMENT RE: ESTABLISHMENT OF PARENTAL RELATIONSHIP (UNIFORM PARENTAGE) AND JUDGMENTS ON A PETITION FOR CUSTODY AND SUPPORT OF MINOR CHILDREN must be submitted by declaration pursuant to Family Code § 2336.

Applies to

Pleading

Must include

caption, case number

Every pleading submitted by a self-represented party must include a caption with the party’s name and contact information under CRC 2.111, whether or not the party submitted the related form.

All pleadings submitted by a self-represented party must have a caption containing the party’s name and contact information as specified in CRC 2.111, regardless of whether the party has submitted a fully executed SFUFC Form 11.14-A.

Applies to

Request for order

An annulment request must be made by filing a Request for Order with a supporting declaration stating the facts supporting the request.

A party requesting an annulment must file a REQUEST FOR ORDER which includes a declaration containing facts in support of the request for annulment.

Applies to

Request for order

Must include

certificate of service

Before or when filing the annulment Request for Order, the moving party must serve the Preliminary Declaration of Disclosure and file form FL-141 documenting service of the disclosure and income-and-expense declaration.

Either simultaneously with, or prior to filing the REQUEST FOR ORDER, the moving party must serve a Preliminary Declaration of Disclosure and file a DECLARATION REGARDING SERVICE OF DECLARATION OF DISCLOSURE AND INCOME AND EXPENSE DECLARATION (FL-141).

Applies to

Default judgment

Must include

certificate of service

Petitioner must file a request to enter default and, if not already filed, a proof of service of summons.

For entry of respondent’s default, petitioner must file a REQUEST TO ENTER DEFAULT and A PROOF OF SERVICE OF SUMMONS (if not previously filed).

Applies to

Default judgment

To seek entry of default within two court days, petitioner must submit the request to enter default and proof of service separately from other documents.

The REQUEST TO ENTER DEFAULT and PROOF OF SERVICE OF SUMMONS must be submitted separately from other documents if the petitioner seeks to have default entered within two court days of submitting the request.

Applies to

Settlement agreement

The respondent's signature on a settlement agreement incorporated into a default judgment must be notarized even when represented by counsel.

Respondent’s signature on the SETTLEMENT AGREEMENT must be notarized, even if an attorney represents respondent.

Applies to

Proposed judgment

A proposed judgment based on a written settlement agreement containing child-support provisions must attach the specified notice and information sheet.

If the parties’ written SETTLEMENT AGREEMENT contains provisions regarding child support, a NOTICE OF RIGHTS AND RESPONSIBILITIES and INFORMATION SHEET ON CHANGING A CHILD SUPPORT ORDER must be attached to the proposed judgment.

Applies to

Status only judgment

Must include

proposed order

A default-case status-only or bifurcated judgment must include a proposed order complying with Family Code § 2337(d)(2), and the petitioner must address retirement plans by declaration or by joining them.

Before a ‘status only’ judgment will be granted, the petitioner must either submit a declaration stating that there are no retirement plans or join all retirement plans and include an order in the proposed Judgment that complies with Family Code § 2337(d)(2).

Applies to

Status only judgment

Must include

certificate of service

In default status-only or bifurcated-judgment cases, the moving party must file a declaration regarding service of the preliminary declaration of disclosure.

The moving party must also file a DECLARATION REGARDING SERVICE OF THE PRELIMINARY DECLARATION OF DISCLOSURE.

Applies to

Stipulation and order requesting bifurcation

Must include

proposed order

An uncontested bifurcation stipulation must address retirement plans and include an order complying with Family Code § 2337(d)(2).

Before a bifurcation of marital status is granted, the stipulation must state that there are no retirement plans or the retirement plans must be joined and the STIPULATION AND ORDER REQUESTING A BIFURCATION OF MARITAL STATUS must include an order that complies with Family Code § 2337(d)(2).

Applies to

Bifurcation of marital status

Must include

certificate of service

In uncontested bifurcation cases, the moving party must file a service-of-disclosure declaration unless the parties defer service in writing under Family Code § 2337(b).

The moving party must also file a DECLARATION REGARDING SERVICE OF THE PRELIMINARY DECLARATION OF DISCLOSURE, unless service is deferred by the parties in writing pursuant to Family Code § 2337(b).

Applies to

Family law hearing pleading

All parties must file and serve SFUFC Form 11.17 with specified hearing-related family pleadings unless the form was filed in the same proceeding within the preceding 180 days.

Unless SFUFC Form 11.17 has been filed in the same proceeding within the last 180 days, all parties must file and serve SFUFC Form 11.17 with any of the following pleadings: 1. Order to Show Cause or Response to Order to Show Cause, 2. Notice of Motion or Response to Notice of Motion, and 3. Other family law pleading or response to such pleading which will result in a court hearing or trial.

Applies to

Paper

Must include

case number

Any dependency paper filed with or received by the clerk after consolidation must reference the newly designated petition number.

Any paper subsequently filed or received by the clerk of the Court must refer to the new number.

Applies to

Subsequent discovery request

Subsequent discovery requests must be submitted using SFUFC Form 12.9.

Subsequent requests for discovery must be made on SFUFC Form 12.9.

Applies to

Protective order request

Must include

proposed order

Counsel seeking a protective order for confidential information may file a declaration and proposed order and must inform all counsel.

If at any time during a dependency case, a protective order is desired (e.g., domestic violence and sexual abuse cases), counsel for the party wishing to protect confidential information may file a declaration and proposed order with the Court requesting a protective order and inform all counsel.

Applies to

JV-535 and JV-535A

At a disposition hearing, HSA must prepare and file JV-535 and JV-535A reflecting the court’s order.

At disposition hearing, HSA must prepare and file the form JV-535 and form JV-535A reflecting the Court’s order.

Applies to

JV-535 and JV-535A

At a subsequent hearing, the party requesting a change in the educational rights holder must prepare and file JV-535 and JV-535A.

At any subsequent hearing, the party requesting a change in educational rights holder must prepare and file the form JV-535 and form JV-535A.

Applies to

W&I 388 forms

An original and at least one copy of each JV-180, JV-183, and JV-184 form must be submitted to the court clerk with a stamped self-addressed envelope.

An original and at least one copy of each form must be submitted to the court clerk with a stamped self-addressed envelope.

Applies to

Declaration

The party seeking ex parte relief must file a declaration under penalty of perjury at the hearing confirming compliance with the notice requirements.

At the time of the ex parte hearing, the party seeking ex parte relief must file a declaration under penalty of perjury regarding compliance with the notice requirements.

Applies to

Declaration

If other parties were not timely and properly noticed, the requesting party must file a declaration under penalty of perjury explaining the notice efforts and why they failed.

If the other parties are not timely and properly noticed, the party seeking ex parte relief must file a declaration under penalty of perjury detailing the efforts made to provide notice and why those efforts were unsuccessful.

Applies to

Ex parte application

Must include

proposed order

Every ex parte application must include a proposed order.

All ex parte applications must include: ... A proposed order.

Applies to

Ex parte application

Must include

certificate of service

Every ex parte application must include proof of timely notice to all parties.

All ex parte applications must include: ... Proof of timely notice to all parties;

Applies to

Casa report

CASA reports must be filed with the court and served on all counsel at least ten days before the relevant hearing.

Court reports prepared by CASA volunteers must be filed with the Court and served upon all counsel at least ten days prior to the hearing for which they are prepared.

Applies to

Proposed order

When parental consent is unavailable, an application for a proposed order must request authority for necessary treatment and information release and include a sunset provision tied to a parent becoming able and willing to consent.

Where HSA seeks court authorization for treatment without parental consent, HSA must submit an application for a proposed order for court authorization that includes: 1. Request by HSA for authority to consent to ordinary medical, dental, and mental health treatment and release of information, on behalf of the minor only as it is required to obtain such treatment. 2. Request by HSA for authority to release information on behalf of the minor only as it is required to obtain such treatment. 3. Sunset provision indicating the order expires at such time as a parent presents him or herself to HSA and is able and willing to sign consents and releases of information, on behalf of the minor.

Applies to

Proposed order

A supporting proposed order must include an HSA City Attorney declaration confirming 24 hours' notice to counsel and no objection, plus specified Child Welfare Worker evidence when necessary; pre-jurisdictional proceedings must also include a provider recommendation statement.

To support the proposed order, HSA must provide a declaration by an HSA City Attorney stating that all counsel have been provided 24 hours notice and do not object; as well as, when necessary, evidence from the HSA Child Welfare Worker describing efforts to locate and engage a parent. For all pre-jurisdictional proceedings, the evidence must include a statement that the health care provider is recommending that the treatment is necessary.

Applies to

Proposed order

For emergency treatment when a parent is unwilling to consent, the proposed-order application must request necessary treatment authority, include a sunset tied to a JV-220 hearing, and include declarations and evidence establishing notice, urgency, and efforts to engage the parent.

If HSA seeks consent for ordinary medical, dental, or mental health treatment that is needed on an emergency basis (e.g., consent to treat required for placement of a minor), and a minor’s parent is unwilling to consent, HSA must submit an application for a proposed order for court authorization that includes: 1. Request by HSA for authority to consent to ordinary medical, dental, and mental health treatment and release of information, on behalf of the minor only as it is required to obtain such treatment. 2. Sunset provision indicating the order expires at a hearing set for the parent to object before the Court on the JV-220 calendar. 3. To support the proposed order, HSA must provide a declaration by an HSA City Attorney stating all counsel have been noticed; as well as, evidence from the HSA Child Welfare Worker describing the emergency nature of the request and efforts to locate and engage a parent.

Applies to

Psychotropic medication authorization application

All required forms for psychotropic-medication authorization must be submitted to the Supervising Judge of Unified Family Court or the judge’s designee.

All required forms must be submitted to the Supervising Judge of the Unified Family Court or his/her designee.

Applies to

Casa referral request

A written CASA referral request must be filed for each referred child, and a non-minor’s-counsel requester must give two court days’ written notice to the child welfare worker, child’s attorney of record, and Juvenile Probation Department.

A REQUEST FOR CASA REFERRAL must be filed with the Court for each child referred. If the person requesting such a referral is not minor’s counsel, the person must give two court days written notice to the child welfare worker, attorney of record for the child, and the Juvenile Probation Department.

Applies to

Proposed order

The party opposing remote proceedings must provide a proposed Order Regarding Remote Appearance (RA-020) to the clerk at least three court days before the proceeding.

The party opposing the remote proceeding must deliver a courtesy copy of that form as well as a proposed ORDER REGARDING REMOTE APPEARANCE (RA-020) to the clerk at least three court days before the proceeding at issue.

Applies to

Notice of hearing or notice of motion

A notice of hearing or notice of motion must include the Zoom and CourtCall remote-appearance procedures and remote-public-access instructions specified by the Probate Court.

The petitioning or moving party must include with their notice of hearing or notice of motion the procedures for making a remote appearance by Zoom and CourtCall, as well as remote public access, as set out at https://sf.courts.ca.gov/divisions/probate-court.

Applies to

Proposed order

A proposed order must stand on its own and comprehensively state all matters ruled on, including the hearing date, findings, relief, interested parties, and affected property or money.

A proposed order must be complete in itself in that it must set forth, with the same particularity required of a judgment in a civil matter, all matters actually passed on by the Court, such as: the date of the hearing, necessary findings, the relief granted, the names of the interested parties, and descriptions of property or amounts of money affected.

Applies to

Ex parte petition

Must include

proposed order

Each ex parte petition requiring an appearance must be accompanied by a proposed order.

The petitioner must deliver the proposed order and a courtesy copy of the ex parte petition to the Probate window in Room 103 no later than noon on the day before the hearing.

Applies to

Proposed order for withdrawal from decedent estate or trust

A decedent-estate or trust withdrawal order for a former minor must provide payment only to that former minor.

The proposed order must provide for payment of the funds only to the former minor.

Applies to

Pleading

Every pleading must show the represented party's name and representative capacity, if any; using only “Petitioner” or “Respondent” is insufficient.

In addition to the requirements of CRC 2.111 and 7.102, all pleadings must also show the name and representative capacity, if any, of the party for whom the attorney is appearing, e.g., John Jones, Executor. "Petitioner" or "Respondent" alone is not sufficient.

Applies to

Report of status and extension petition

Must include

caption

A petition seeking approval of a report of status and additional administration time must list any accompanying accounting, fee, or partial-distribution petitions first in the caption.

If a petition seeking approval of a report of status of administration and additional time for estate administration also includes approval of an accounting, fees, or partial distribution, the caption must list the other petitions prior to the report of status and petition seeking additional time.

Applies to

Foreign language instrument

A foreign-language instrument offered for probate or attached as a pleading exhibit must always be accompanied by an English translation.

Whenever an instrument written in a foreign language is offered for probate or attached as an exhibit to a pleading, it must always be accompanied by a copy translated into English.

Applies to

Translation

Every translation must include a declaration describing the translator's qualifications or credentials.

All translations must be accompanied by a declaration setting forth the translator's qualifications and/or credentials.

Applies to

Petition to decrease bond

A petition to decrease bond must include copies of receipts evidencing the distribution.

Copies of receipts evidencing the distribution must be presented with the petition.

Applies to

Bond reduction proceeding

After appointment, bond may be reduced through a fully noticed petition and order supported by a depository receipt showing the requested reduction amount deposited into a blocked account.

Bonds may be reduced at any time after appointment of a fiduciary by a fully noticed petition and order reducing bond, together with a receipt of a depository showing that assets in the amount of the requested reduction have been so deposited in a blocked account.

Applies to

Petition to reduce bond

A bond-reduction petition must state the estate assets remaining after excluding depository-held assets and establish that the reduced bond adequately covers the protected amount.

Such a petition must set forth the assets remaining in the estate, after excluding those held by the depository, and it must appear that the reduced bond adequately covers the amount to be protected.

Applies to

Temporary guardian or conservator petition

A petition requesting less than a full bond for a temporary guardian or conservator must show good cause.

If a lesser amount is requested, good cause must be shown in the petition.

Applies to

Nonresident personal representative petition

A nonresident personal-representative petition must include a declaration or attachment detailing anticipated decedent liabilities and estate claims, and the resulting bond cannot be less than $20,000.

A declaration or attachment to the petition setting forth in detail the anticipated liabilities of the decedent and claims against the estate will be used by the Court to determine the amount of the bond, but in no event will the bond be less than $20,000.

Applies to

Successor trustee petition

A petition for a successor trustee not named in the trust must list assets on hand and probable annual gross income with fair market values, unless all beneficiaries waive bond.

The Court will require a bond of all successor trustees not named in the trust instrument unless all beneficiaries waive bond. The assets on hand and probable annual gross income must be listed with the fair market value to allow the Court to set the bond.

Applies to

Trustee bond waiver

A trust beneficiary's bond waiver must contain the same information as Judicial Council form DE-111(A-3d).

Waiver of bond by a trust beneficiary must include the same information as the Judicial Council form DE-111(A-3d), Waiver of Bond by Heir or Beneficiary.

Applies to

No known heirs declaration

If no heirs are known, a declaration must be filed explaining the basis for that conclusion and the efforts made to locate heirs.

If the decedent had no known heirs, a declaration to that effect must be filed, setting forth the basis for that conclusion and the efforts made to locate heirs.

Applies to

Fiduciary bond

The bond must list the names of all fiduciaries.

The names of all fiduciaries must be on the bond.

Applies to

Replacement fiduciary bond

When one co-fiduciary resigns or is removed, a new bond naming the remaining fiduciaries must issue.

Upon resignation or removal of one fiduciary, a new bond must issue in the name or names of the remaining fiduciaries.

Applies to

Blocked account deposit order

Must include

local rule certificate

A fiduciary must file Judicial Council form MC-356 when ordered to deposit funds into a blocked account.

When the Court orders funds to be deposited into a blocked account, the fiduciary must file the Judicial Council form “Receipt and Acknowledgment of Order for the Deposit of Money into Blocked Account” (MC-356).

Applies to

Blocked account

A blocked account must be titled “Court Blocked Account” or “No Withdrawals Without Court Order.”

The title of the account must specifically state “Court Blocked Account” or “No Withdrawals Without Court Order”.

Applies to

Petition for withdrawal of funds from blocked account

An MC-357 petition for withdrawal from a blocked account must state the approximate bond, if any, and the purpose of the withdrawal.

The Petition for Withdrawal of Funds from Blocked Account (MC-357) must set forth the approximate bond, if any, and the purpose for which the withdrawal is being made.

Applies to

Guardianship withdrawal petition

Must include

local rule certificate

A guardianship petition for withdrawal after a minor reaches majority must include a certified birth certificate or other convincing evidence of age.

Where withdrawal is sought because the minor has reached majority, a certified copy of the minor's birth certificate or other convincing evidence of the minor's age must be presented with the petition for withdrawal.

Applies to

Order for withdrawal of guardianship funds

After a minor reaches majority, the guardianship withdrawal order must direct payment only to the former minor.

The order must provide for payment of the funds only to the former minor.

Applies to

Holographic will

A holographic instrument offered for probate must always be accompanied by an exact typewritten copy.

When a holographic instrument is offered for probate, it must always be accompanied by an exact typewritten copy.

Applies to

Probate petition

Copies of every instrument offered for probate must be attached to the petition.

Copies of all instruments offered for probate must be attached to the petition.

Applies to

Probate petition

The probate petition must list all heirs, even when the decedent died testate, in addition to all persons mentioned in the will.

In addition to all persons mentioned in the will, all heirs must be listed even if a decedent died testate.

Applies to

Confidential statement DE 147S

Judicial Council Form DE-147S, containing the confidential birth date and driver's license number statement, is also required under Probate Code section 8404(b).

Additionally, Confidential Statement of Birth Date and Driver's License Number (Judicial Council Form DE-147S) is also required, pursuant to Probate Code § 8404(b).

Applies to

Confidential statement DE 147S

Form DE-147S must be filed separately with a cover page and must not be attached to Form DE-147.

Form DE-147S must be separately filed with a cover page, not attached to the Form DE-147.

Applies to

Proof of will declaration

When multiple testamentary instruments are offered for probate, each must be proved by its own declaration.

Where more than one testamentary instrument is offered for probate, each instrument must be proved by a separate declaration.

Applies to

Lost will probate petition

A lost-will probate petition must state on its face that the will is lost, and both the published and mailed notices must include the same statement.

Petitions for probate of lost wills must clearly state on their face that the will is lost and both the published and mailed notice must so state.

Applies to

Lost will probate petition

When no copy of a lost will exists, the probate petition must include a written statement of the testamentary words or their substance.

In those cases where there is no copy of the will, the petition for probate must include a written statement of the testamentary words or their substance.

Applies to

Proposed order

Must include

proposed order

The proposed order in a lost-will matter must include a copy of the testamentary-words statement or the lost will, when available.

A copy of the written statement of the testamentary words, or their substance, or a copy of the lost will, must be attached to the proposed order.

Applies to

Lost will

An additional hard copy of the lost will must be given to the clerk so a will file can be created before the hearing on admission to probate.

An additional hard copy of the lost will must be provided to the clerk for a will file to be created before the hearing to admit the lost will to probate.

Applies to

Certified copy of foreign will

A certified copy of a foreign will, including an English translation when the will is in a foreign language, must be submitted without a pleading cover sheet to the clerk to create a will file.

For a petition to probate a foreign will, a certified copy of the will (with its English translation if the will is in a foreign language) must be submitted without a pleading cover sheet to the clerk for a will file to be created

Applies to

Certified copy of foreign probate order

A certified copy of the foreign probate order or decree must be filed separately and conventionally with a pleading cover sheet and may not be e-filed.

and a certified copy of the order or decree admitting it to probate outside of this jurisdiction must be filed separately and conventionally with a pleading cover sheet attached (i.e., not e-filed).

Applies to

Renunciation

A nominated executor who does not wish to act must file a written renunciation.

A written renunciation must be filed by or on behalf of a nominated executor who does not desire to act.

Applies to

Declination

An individual with higher priority who does not wish to act must file a written declination.

Similarly, a written declination must be filed by or on behalf of an individual who has higher priority than the petitioner for issuance of letters of administration but does not desire to act.

Applies to

Consent to serve

A consent to serve must be filed for each proposed personal representative other than the petitioner.

Where a petition seeks the appointment as personal representative of one or more persons other than the petitioner, a consent to serve as personal representative must be filed for each proposed personal representative.

Applies to

Spousal or domestic partner property petition

The petition must specify how and when the property allegedly became community or quasi-community property.

The petition must contain specific information regarding the manner and timing of acquisition of the property alleged to be community or quasi-community property.

Applies to

Spousal or domestic partner property petition

The petition must allege that the property was not acquired through the listed ownership, gift, inheritance, or gifted-funds circumstances.

An allegation must also be made that none of the property was owned by the decedent before marriage or domestic partnership registration, acquired by gift or inheritance, or purchased with funds received by gift or inheritance.

Applies to

Spousal or domestic partner property petition

The petition must specifically explain how property claimed to be community property was transmuted to community property.

If any property is claimed to be community but was owned by the decedent prior to marriage or domestic partnership registration or acquired by gift, devise, descent, joint tenancy survivorship, or similar means, the petition must state with particularity the way in which the property was transmuted to community property.

Applies to

Vesting deed

A copy of the current vesting deed must be filed for real property.

A copy of the current vesting deed must be filed for any real property.

Applies to

Securities sale petition

A securities-sale petition under Probate Code section 10200 must state a minimum sales price for securities not listed on an exchange.

Where a personal representative is proceeding under Probate Code § 10200, the petition for authority to sell must set forth a minimum sales price as to all securities except those listed on an exchange.

Applies to

Financial account statement

A financial-account statement covering the date of death must be filed.

A copy of a statement for a period including the date of death must be filed for any financial account.

Applies to

Spousal or domestic partner property petition

When feasible, the document supporting a community or quasi-community property claim, including signatures, must be attached to the petition.

If the community or quasi-community property claim is based on any document, a copy of the document showing signatures, when feasible, must be attached to the petition.

Applies to

Proof of subscribing witness or holographic instrument

For a will that is not self-proving, the petitioner must file the applicable proof of subscribing witness or proof of holographic instrument.

If the document is a will that is not self-proving, the petitioner must file either a Proof of Subscribing Witness or Proof of Holographic Instrument, as the case may be.

Applies to

Inventory and appraisal petition

A petition under Probate Code § 8903 must identify the source of the values in the Inventory and Appraisal.

A petition filed pursuant to Probate Code § 8903 must state the source of the values included in the Inventory and Appraisal.

Applies to

Creditors claim

A creditor’s claim must use the Judicial Council form, although substantial compliance with the Probate Code will be liberally construed in favor of sufficiency.

A creditor’s claim must be submitted on the Judicial Council form; however, a creditor’s claim will be liberally construed in favor of its sufficiency if the content and format are in substantial compliance with the Probate Code.

Applies to

Creditors claim

Satisfactory vouchers or proof of claim must accompany the creditor’s claim.

Satisfactory vouchers or proof of claim must be attached.

Applies to

Exclusive listing application

The exclusive-listing agreement must be attached to the application.

A copy of the agreement for the exclusive listing must be attached.

Applies to

Exclusive listing petition

The exclusive-listing petition must identify the broker, describe the broker’s relevant local experience, and describe the properties to be sold.

The petition must set forth the agent’s/broker's name (including the company or office name), his or her experience with sales of real property in the area of the subject property, and a description of the specific properties to be sold.

Applies to

Notice of intention to sell

Notice of intent to sell real property must be published unless the decedent’s estate has a power or directive to sell in the will.

Except for decedents' estates in which there is a power of sale or directive to sell in the will, notice of intention to sell must be published, as set forth below.

Applies to

Proof of Payment of Assessment Fee form

The Proof of Payment of Assessment Fee form must be filed for the court to be notified that the assessment fee was paid.

The form Proof of Payment of Assessment Fee must be on file for the Court to be notified that the fee has been paid.

Applies to

Securities sale petition

An over-the-counter minimum price must use a recent market quotation, or the petition must explain the basis for the price when no recent quotation exists or the securities are closely held.

The minimum price must be a recent market quotation from the over-the-counter market, or, if there is no recent market quotation available or the securities are closely held, the petition must set forth the basis for fixing the minimum sales price.

Applies to

Notice of intention to sell

Unless the stated decedent’s-estate exception applies, notice must be published under Government Code section 6063a in a newspaper published in the county where the property is located.

Notice of intention to sell real property must be published pursuant to Government Code § 6063a except for decedents' estates in which there is a power of sale or directive to sell in the will. Publication must be in a newspaper published in the county in which the real property lies.

Applies to

Notice of intention to sell

The published notice must include the sale date and location, but not the confirmation-hearing date.

The notice must include the date and place of sale (not the date of the confirmation hearing).

Applies to

Report of sale and confirmation petition

Offers cannot be accepted and the sale report and confirmation petition cannot be filed before the bid-making period expires.

No offer can be accepted, and no report of sale and petition to confirm the sale can be filed, until the date on or after the time for making bids expires.

Applies to

Notice of intention to sell

The published notice must identify the property by street address, common designation, or, if neither exists, legal description.

The notice must contain the street address or other common designation of the property, or if there is none, the legal description of the property.

Applies to

Notice of intention to sell

The published notice must state that an exclusive listing was given.

If an exclusive listing has been given, the notice must so state.

Applies to

Notice of intention to sell

The published notice must disclose that the property is subject to an encumbrance.

If the property is to be sold subject to an encumbrance, the notice must so state.

Applies to

Private sale appraisal

Confirmation of a private real-property sale requires an appraisal on file and, when the relevant death or appointment occurred more than one year before the hearing, a sale-purpose reappraisal on file.

In order for a private sale to be confirmed, there must be on file an appraisal of the property and a reappraisal for purposes of sale if the decedent's date of death or guardian's, conservator's, or trustee’s appointment occurred more than one year before the date of the confirmation hearing.

Applies to

Private sale appraisal

The required appraisal and any required reappraisal must already be on file by the return-of-sale hearing date.

The appraisal and reappraisal must be on file prior to the hearing date on the return of sale.

Applies to

Account

A probate account must be accompanied by a report of administration.

An account must be accompanied by a report of administration.

Applies to

Account

A personal representative’s account must begin with the decedent’s date of death.

A personal representative's account must begin with the date of death of the decedent.

Applies to

Interim account

An interim account with posted bond must allege the total bond, the fair market value of personal property and estimated annual gross income at the account-period close, and any additional legally required bond.

Where bond has been posted, there must be an allegation as to the total bond posted, the fair market value of personal property on hand at the close of the account period plus an estimated annual gross income from all sources, and any additional bond required by law.

Applies to

First account

A testamentary trustee's first account must use a starting balance consistent with the filed receipts for the decedent's probate-estate asset distribution.

The starting balance of a testamentary trustee's first account must conform to the trustee's receipt(s) filed on distribution of the assets of the decedent's probate estate.

Applies to

Trustee account petition

A petition seeking settlement of a trustee's account must state the trust provisions governing distribution of principal and income.

The petition for settlement of a trustee's account must set forth the trust provisions for distribution of principal and income.

Applies to

Specifically devised real property account

A separate account for specifically devised real property is required unless waived.

Unless waived, a separate account for specifically devised real property is required.

Applies to

Specifically devised real property account

The separate account for specifically devised real property must state income received and allocable expenses, such as taxes, maintenance, repairs, insurance, and debt service.

Such account shall set forth the income received from such real property and expenses allocable to it (e.g., taxes, maintenance, repairs, insurance, debt service).

Applies to

Distribution petition

A distribution that does not follow the Will or intestate-succession law requires a written consent signed by all affected parties.

If distribution is to be other than according to the terms of the Will or the laws of intestate succession, the personal representative must file a written consent signed by all parties affected by the distribution.

Applies to

Distribution petition

When distribution is made to an heir's or devisee's assignee, the assignee must file the assignment and disclose its terms in the distribution petition.

If distribution is to be made to an assignee of an heir or devisee, the assignee must file the assignment, and the terms thereof must be disclosed in the petition for distribution.

Applies to

Trustee consent

If distribution is to a trustee other than the personal representative, the nominated trustee's consent to act must be filed before the hearing on the petition.

If distribution is to a trustee who is not the personal representative, the consent of the nominated trustee to act must be on file prior to the hearing on the petition for

Applies to

Beneficiary certification

Before the hearing, a qualifying beneficiary must file specified certification documents dated no more than 60 days before the hearing.

If a beneficiary satisfies the requirement of Probate Code § 11801, a certified copy of Letters certified no more than 60 days before the hearing and issued to the personal representative of the estate of the beneficiary, the original § 13100 affidavit executed by the person(s) entitled to the beneficiary’s share, or a certified copy of the Spousal/Domestic Partner Property Order issued to the beneficiary’s surviving spouse/registered domestic partner and certified no more than 60 days before the hearing must be filed before the hearing date.

Applies to

Petition to determine distributees

When heirs were not all known and disclosed initially, the administrator must first file a petition determining persons entitled to distribution.

If not all heirs were known and disclosed at the outset of the proceedings, the administrator must file a petition to determine persons entitled to distribution prior to petitioning for any distribution. Probate Code §11700.

Applies to

Petition for final distribution

The final-distribution petition must state the source or proration of federal and California estate taxes, and the final account and order must show the computation and proration.

The petition for final distribution must address the question of the source of the payment of the federal estate tax and California estate tax, if any. If the will has a clause directing the payment of the taxes out of the residue of the estate, this must be alleged. If, on the other hand, there is no tax clause or there is a tax clause that does not direct the source of the payment, the amounts required to be prorated or charged must be stated. The final account must show the computation and the order for final distribution must show the proration.

Applies to

Inheritance tax report

For decedents who died before June 8, 1982, an inheritance tax report and order or other proof of tax satisfaction or no liability must be filed before final distribution.

An Inheritance Tax Report and Order Fixing Tax, or other proof that the tax liability has been fully satisfied or that there is no such liability, must be filed prior to final distribution in estates where the decedent died prior to June 8, 1982.

Applies to

Petition for final distribution

The final-distribution petition must specify each distributee’s allocation, including securities shares and net cash as of a specified date.

In addition to the requirements of CRC 7.651, the petition for final distribution must state specifically how the estate is to be distributed to each distributee, including the number of shares of securities and the net amount of cash (as of a date certain) to be distributed to each beneficiary.

Applies to

Petition for final distribution

A non-pro rata distribution petition must show its computation, include consents of interested beneficiaries, and disclose outstanding third-party account-preparation bills.

When the petition seeks a non-pro rata distribution, it must show the computation on which the proposed distribution is based. Consents of interested beneficiaries must be filed. The petition for final distribution must disclose if there are outstanding bills due to a third party for preparing an account.

Applies to

Order for final distribution

Must include

caption

The final-distribution order must begin with the specified caption and state the distribution specifically in its body.

The caption of the order must begin with Order for Final Distribution. The order must state specifically within the body of the order how the estate is to be distributed, as set forth in the petition.

Applies to

Report of status of administration

A status-of-administration report for an estate not ready to close by the statutory deadline must provide specified information about the estate, creditor claims, special notice, and instruments affecting distribution.

If an estate is not ready to close within the statutory time set forth in Probate Code § 12200, the report of status of administration must set forth the status of the estate, including, but not limited to, allegations regarding notice pursuant to Probate Code § 9202, disclosure of all creditor claims and their dispositions, requests for special notice, and any assignments or powers of attorney that may affect distribution.

Applies to

Report of status of administration and petition for additional time

A report of status of administration is treated as a petition for additional administration time, and the report and petition must include a prayer specifying the requested relief.

The filing of a report of status of administration shall be deemed to include a petition requesting additional time for estate administration. Probate Code §12201(a). For the Court to make an order, the report and petition must include a prayer specifying the relief sought.

Applies to

Petition for termination and discharge

A petition to terminate estate proceedings and discharge the personal representative must list creditor claims, disclose actions taken on them, and address statutory notice requirements.

If a personal representative files a petition for the termination of further proceedings and for discharge pursuant to Probate Code § 12251, the petition must list creditors’ claims and disclose any action taken on such claims and must address the notice required by Probate Code §§ 9201-9202.

Applies to

Order terminating estate for lack of assets

The caption title of an order terminating an estate for lack of assets must begin with the specified title.

The title on the caption of the order must begin with Order Terminating Estate for Lack of Assets.

Applies to

Family allowance petition

A family-allowance petition must allege facts establishing that the requested allowance is necessary and reasonable.

All petitions for family allowance must state facts to show that the allowance prayed for is necessary and reasonable, including:

Applies to

Family allowance order

Every family-allowance order must limit the allowance to a definite period.

All orders will limit family allowance to a definite period of time.

Applies to

Inventory

When an estate loan is secured, an inventory describing the collateral must already be on file before the hearing.

If the loan is to be secured, an inventory describing the security must be on file prior to the hearing.

Applies to

Estate loan petition

A petition under Probate Code § 9802 must disclose whether the personal representative is serving with or without bond.

The petition under Probate Code § 9802 must state whether the personal representative is serving with or without bond.

Applies to

Ex parte petition for final discharge

When reserve funds are retained, the ex parte final-discharge petition must show their disposition and include receipts for reserve distributions.

If funds have been retained in reserve, the ex parte petition for final discharge must show the disposition of all funds, and receipts must be filed for any distribution of the reserve.

Applies to

Informal accounting

Unless the account was waived, an informal accounting is required when the retained reserve is at least $10,000.

If the account was not waived, an informal accounting is required for a reserve of $10,000.00 or more.

Applies to

Ex parte petition for final discharge

A final-discharge petition relying on a distribution order longer than three pages must include a conformed copy of that order.

If the ex parte application relies on an order for distribution that is more than three (3) pages, a conformed copy of the order must be submitted with the petition for final discharge.

Applies to

Trust petition

Must include

case number

Trust petitions and subsequent pleadings must use a trust case number, cross-reference related case numbers when applicable, and responses or objections must use the first assigned trust case number.

Petitions seeking relief pursuant to Probate § 16420 or § 17200 must be filed under a trust case number. If the trust is related to a guardianship, conservatorship, or decedent’s estate proceeding, the trust petition and subsequent pleadings must cross- reference the earlier related case number in the caption. Any response or objection to the trust petition or subsequent pleadings must be filed under the first assigned trust case number.

Applies to

Trust petition

Must include

case number

Each trust in multiple related trusts must be filed under a separate trust case number and cross-reference related case numbers in its caption.

If there are multiple, related trusts, each separate trust must be filed under a separate trust case number and must cross-reference the related trust or other case number(s) in the caption.

Applies to

Settlement approval petition

A petition for court approval of a settlement must state the settlement's main terms, cite the governing Probate Code section, apply the relevant legal standard, list persons entitled to notice, and include a copy of the settlement agreement.

Parties seeking court approval of a settlement must file a petition to approve the settlement and the petition must include the following: 1) A summary of the main terms of the settlement; 2) A citation to the Probate Code section under which the petition is presented; 3) Application of the relevant substantive legal standard for approval to the facts presented in the petition showing that the legal standard has been met; 4) A list of the persons entitled to notice of the petition; and, 5) A copy of the settlement agreement.

Applies to

Settlement approval petition

When a settlement affects final distribution, the settlement-approval petition must be filed separately and before the final-distribution petition is adjudicated.

Where a settlement affects a final distribution, the petition to approve the settlement must be filed separately from the petition requesting final distribution and before the final distribution petition is adjudicated.

Applies to

Confidential declaration of proposed guardian

Must include

caption

The proposed guardian must complete and file the Confidential Declaration of Proposed Guardian with the guardianship appointment petition.

The Confidential Declaration of Proposed Guardian (PRB-PGN-001) must be completed by the proposed guardian and filed with the Petition for Appointment of Guardian of the Person or Person and Estate.

Applies to

Inventory and accounting schedules

For multiple minors, the inventory and accounting schedules must separately identify each minor's interests, receipts, disbursements, and assets.

When a guardianship of the estate has been instituted for more than one minor, the interests of each minor must be separately stated in the inventory and separate accounting schedules must be presented so that the receipts, disbursements and assets pertaining to each minor's estate are readily ascertainable.

Applies to

GC-251

Guardians of the person must file Judicial Council form GC-251 annually for each ward.

All guardians of the person must complete and file Judicial Council form GC-251 annually for each ward under guardianship of the person.

Applies to

GC-251

An estate guardianship with all funds in blocked accounts must file GC-251 annually and attach the latest bank statement for every blocked account.

Estate guardianships with all funds held in blocked accounts must file the completed GC-251 form annually and attach the most recent bank statement for each blocked account.

Applies to

Investment authorization petition

To make or retain a noncompliant investment, the guardian must seek court authorization through a petition, renew that authority with each account, identify the investments, and address all statutory factors.

In order to make or retain investments that do not meet the requirements of Prob. C. § 2574(a), the guardian must petition for Court authorization and must petition for renewed authority with each account. The petition must identify the proposed investment(s). The petition must also address all factors identified in Prob. C. § 2574(b).

Applies to

Final discharge petition

Final guardian discharge requires a separate petition, a receipt executed by the former ward, and a copy of the final-account settlement and asset-delivery order.

A separate petition for final discharge must be submitted, together with the receipt executed by the former ward and a copy of the order settling the final account and ordering delivery of the assets to the former ward.

Applies to

Minor support petition

A petition to use guardianship assets for a minor's support must explain the exceptional circumstances justifying the requested use.

The petition must set forth what exceptional circumstances would justify any use of guardianship assets for the minor's support.

Applies to

Disposition of minor funds petition

A petition concerning disposition of a minor's funds must state jurisdictional facts, payment amount and payer, requested fees and costs, requested relief, and why the relief best serves the minor's interests.

A petition under these sections must set forth jurisdictional facts, state the amount to be paid and by whom, the amount of fees and reimbursement of costs requested, the relief requested, and a statement showing that the requested relief will best serve the interests of the minor.

Applies to

Guardianship termination petition

Must include

caption

A petition to terminate a guardianship of the person before automatic termination must include local form Request to End Guardianship (PRB-PGN-002).

The party requesting to terminate a guardianship of the person prior to termination by operation of law must file the local form Request to End Guardianship (PRB-PGN-002) with the petition.

Applies to

Motion to be relieved as counsel

Before an estate guardian may proceed self-represented, the guardian's attorney must move for relief as counsel, and an appearance is required.

For a guardian of the estate to become self-represented, the guardian’s attorney must file a motion to be relieved as counsel and an appearance will be required.

Applies to

Proposed order

Must include

proposed order

The proposed order must use Judicial Council Form GC-224, be titled Special Immigrant Juvenile Findings, and include findings based on state law.

2) The proposed order (must be on the Judicial Council Form entitled Special Immigrant Juvenile Findings (GC-224) and include findings based on state law in accordance with O.C. v. Superior Court (2019) 44 Cal.App.5th 76.

Applies to

Contact information form

The Contact Information form must accompany petitions for appointment or successor appointment of a conservator and all conservatorship accounts, except a final account after the conservatee’s death.

The Contact Information form must be filed with all petitions for appointment of conservator, with petitions for appointment of successor conservator, and with all accounts in conservatorship matters except for a final account after a conservatee’s death.

Applies to

Petition for appointment of conservator

If the proposed conservatee has executed a power of attorney, the attorney-in-fact must receive notice, and the power-of-attorney information must be included in the conservatorship petition.

If the proposed conservatee has executed a power of attorney (bank, limited, durable, general, for finances or for health care), the attorney-in-fact must receive notice of the petition for conservatorship. This information must also be included in the petition for conservatorship.

Applies to

Contact information form

The Contact Information form must include the attorney-in-fact’s name, address, and telephone number.

The name, address, and telephone number of the person designated as the attorney-in-fact must be included in the Contact Information form.

Applies to

Inventory and appraisal

A successor conservator must file an information-only Inventory and Appraisal using the prior conservator’s values for non-cash assets.

Successor conservators must file an information only Inventory and Appraisal, using the values from the prior conservator's inventory for non-cash assets.

Applies to

Final report

When accounts are waived or court assessment fees are deferred, the estate conservator must file a final report addressing the need for a final account or the possibility of paying the assessment fee.

Where there has been a waiver of accounts or a deferral of court assessment fees, the conservator of the estate must file a final report stating the current circumstances of the estate re: the need for a final account or the possibility of payment of the assessment fee.

Applies to

Declaration

In a person-only conservatorship, a declaration addressing whether the assessment fee can be paid must be filed.

When there is a conservatorship of person only, a declaration must be filed addressing the possibility of payment of the assessment fee.

Applies to

Petition for approval of final account

A petition for approval of a final account must identify the estate's personal representative, if appointed, and state the San Francisco probate case number when applicable.

The petition for the approval of a final account must state the name of the personal representative of the deceased conservatee's estate if one has been appointed. If a probate proceeding has been filed in San Francisco, that probate case number must be stated.

Applies to

Certified copy of letters

If probate proceedings are pending in another county, a certified copy of letters certified within 60 days before the hearing must be filed in the conservatorship.

If probate proceedings are pending in another county, a certified copy of letters certified no more than 60 days before the hearing must be filed in the conservatorship.

Applies to

Petition

When seeking sale of a conservatee's residence, the petition must be provided to the Court Investigation Unit when filed.

Where the sale of the conservatee's residence is sought, a copy of the petition must be provided to the Court Investigation Unit at the time of the filing of the petition.

Applies to

Petition for approval of final account

When no probate proceeding has been commenced and assets may be delivered under Probate Code section 13100, the petition must identify the persons entitled to delivery and the original section 13100 affidavits must be on file.

If probate proceedings have not been commenced and delivery of the assets may be made pursuant to Probate Code § 13100, the names of those persons entitled to the delivery of the assets must be set forth and original § 13100 affidavits must be on file.

Applies to

Petition for approval of final account

When the conservatee was a trust beneficiary and the conservator is the trustee, the beneficiaries entitled to notice under section 1208(b) must be identified.

If the conservatee was the beneficiary of a trust, and the conservator is the trustee of that trust, the beneficiaries of the trust who would be entitled to notice under § 1208(b) must be identified.

Applies to

Order on final account or report

The caption title of the order concerning the final account or waiver-of-account final report must begin with 'Order Terminating Conservatorship.'

The title on the caption of the order on the final account or final report on waiver of account must begin with Order Terminating Conservatorship.

Applies to

Investment authorization petition

A guardian, conservator, or trustee must seek court authorization and renewed authority with each account for nonconforming investments, identifying the proposed investments and addressing all statutory factors.

In order to make or retain investments that do not meet the requirements of Prob. C. § 2574(a), the guardian, conservator, or trustee must petition for Court authorization and must petition for renewed authority with each account. The petition must identify the proposed investment(s). The petition must also address all factors identified in Prob. C. § 2574(b).

Applies to

Real property sale petition

A petition concerning authorization for an exclusive broker listing and real-property sale must disclose whether the property was inherited from a predeceased spouse less than 15 years earlier.

The petition must disclose whether or not the real property was inherited from a predeceased spouse less than 15 years ago.

Applies to

Conservatee residence sale petition

A petition to sell the conservatee's present or former residence must allege inability to return, the conservatee's agreement to the sale if able, or that the sale is needed to generate support funds.

If the conservator petitions to sell the conservatee's present or former residence, the petition must allege that the conservatee is unable to return to the residence or, if able, that the conservatee agrees to the sale, or that the sale is necessary to generate cash to support the conservatee.

Applies to

Petition for approval of resignation

Must include

statement of facts, certificate of service

A resigning conservator must file a fully noticed petition for approval of resignation that includes a final accounting and report.

The resigning conservator must file a fully-noticed petition for approval of resignation under § 2660 with a final accounting and report.

Applies to

Attorney application for court appointment

Must include

certificate of service, local rule certificate

An attorney seeking court appointment must submit the completed GC-010 certification and proof of professional liability insurance coverage.

Attorneys who wish to be considered for Court appointment must submit a completed Certification of Attorney Concerning Qualifications for Court Appointment (Judicial Council form GC-010) and proof of professional liability insurance coverage.

Applies to

Petition for court-appointed attorney fees

A declaration describing the nature and hours of work performed must accompany any petition for fees.

A declaration as to the nature and hours of work performed must be included with any petition for fees.

Applies to

Order authorizing trust

The order authorizing creation of a court-funded trust must attach and incorporate the proposed trust.

The order authorizing creation of the trust must attach and incorporate by reference a copy of the proposed trust.

Applies to

Certifying declaration

The attorney of record or court-appointed fiduciary must electronically file a declaration certifying that the original documents will be available for inspection.

Additionally, the attorney of record or the Court-appointed fiduciary must E-File a declaration certifying that the original document(s) will be available for inspection in the same way as documents are maintained under CRC 2.257.

Applies to

Ex parte petition

Must include

proposed order

A proposed order must accompany delivery to the Probate window after an ex parte petition is electronically filed, unless mailed.

All other drop-off ex parte petitions must be E-filed, after which a courtesy copy and proposed order must be dropped off to the Probate window in Room 103 unless mailed.

Applies to

Proposed order

Must include

proposed order

A proposed order must be submitted on time.

1. Proposed orders not submitted on time .

Applies to

Account

An account must include a summary reconciling charges and credits, a correct starting figure, adequate income and disbursement itemization, property on hand, and an unambiguous computation of statutory fees.

3. Account in poor form: a. no summary reconciling charges and credits; b. starting figure incorrect or missing (e.g., amount of inventory, amount received on distribution, or amount on hand at last account); c. inadequate itemization of income, not showing source and dates; d. showing principal items as income or "receipts;" e. inadequate itemization of disbursements, not showing dates of payments, to whom paid, and for what purpose; f. failure to show property on hand; and g. computation of statutory fees unclear or defective:

Applies to

Petition

Must include

caption

A petition must be captioned to provide complete notice and full information about its contents.

4. Failure to caption petition so as to give complete notice and full information as to contents.

Applies to

Petition for final distribution

When there is no tax clause, a petition for final distribution must allocate or prorate death taxes.

5. Death taxes not allocated or prorated in petition for final distribution, where there is no tax clause.

The rule addresses incomplete facts about the identity and genealogy of a predeceased child’s or sibling’s issue, heirs of predeceased spouses, and other non-obvious heirs.

9. Incomplete facts re identity and genealogy of issue of predeceased child(ren) or siblings and heirs of predeceased spouses and other non-obvious heirs.

Applies to

Petition to settle trust account

A petition to settle a trust account must allege an appropriate justification, such as beneficiary consent, for any deviation from charging one-half of fees to income and one-half to principal.

10. In petitions to settle trust accounts, failure to justify by appropriate allegation (e.g., consent of beneficiaries) any deviation from the usual method of charging fees one-half to income and one-half to principal.

Applies to

Distribution

Petitions and orders for distribution must provide for statutory interest on general pecuniary bequests.

11. In petitions and orders for distribution, failure to provide for the statutory interest on general pecuniary bequests.

A petition must allege and explain the distribution plan when cash is insufficient, cash adjustments are required, or death-tax allocation or residue-percentage calculations are complex.

12. Failure to allege and explain a plan of distribution in cases where there is insufficient cash, where cash adjustments are required, or where there are complexities in allocating or prorating death taxes or computing distributable percentages of residue.

Applies to

Final distribution

Final-distribution documents must allocate probate income when appropriate, including for specific bequests and distributions to trusts.

13. In appropriate cases (e.g., specific bequests and distributions to trusts), failure to allocate probate income on final distribution.

Current Judicial Council forms must be used.

14. Failure to use current Judicial Council forms.

Specified account-settlement and blocked-fund petitions must allege bond status and whether the bond may need to be increased or decreased.

15. Failure to allege the status of bonds and the possible need for increase or decrease in petitions to settle accounts of guardians, conservators, and trustees of trusts related to guardianships or conservatorships, or in petitions to release blocked funds.

Applies to

Proposed order for final distribution

A proposed final-distribution order may not add findings or orders not covered by the petition or incorporate trust provisions by reference instead of setting them out fully.

19. In proposed orders for final distribution, proposing findings or orders not covered in the petition, or incorporating trust provisions of the will by reference, rather than setting them forth in full.

The declaration regarding retention of originals must be filed.

b. failure to file the declaration regarding retention of originals.

Applies to

Petition for discharge

Copies of receipts and any distribution order exceeding three pages must be submitted with the petition for discharge.

b. failure to submit copies of receipts and copy of order of distribution exceeding three pages with petitions for discharge;

Applies to

Petition for discharge

A party must allege status for requests for special notice.

c. failure to allege status as to requests for special notice;

Applies to

Clerk transcript designation

Every civil appeal requires the appellant to designate the documents that should be included in the clerk’s transcript.

Every civil appeal requires the appellant to file a designation of what should be in the clerk's transcript on appeal.

Applies to

Clerk transcript designation

The appellant must file the notice of transcript designation with the Appeals Division within ten days after filing the Notice of Appeal.

Appellant must file their notice of designation with the Appeals Division within ten (10) days after filing the notice of appeal.

Applies to

Notice to prepare reporters transcript

An appellant must file a Notice to Prepare Reporter's Transcript within 10 days after filing the Notice of Appeal.

To procure the Reporter's Transcript, the appellant must file a Notice to Prepare Reporter's Transcript (this is often combined with the Notice to Prepare Clerk's Transcript) within ten (10) days of the filing of the Notice of Appeal.

Applies to

Withdrawal notice

A defendant withdrawing a general time waiver must file a separate pleading with the specified statutory caption.

Defendant shall provide notice by filing a separate pleading specifically captioned NOTICE TO WITHDRAW GENERAL TIME WAIVER PURSUANT TO PENAL CODE § 1382

Applies to

Trial readiness statement

Unless the judge orders otherwise, a Trial Readiness Statement must contain the listed trial-readiness information.

The Trial Readiness Statement must include the following unless otherwise ordered by the judge:

Applies to

Jury instructions

Jury instructions must comply with CRC 2.1055 and 2.1050 and be submitted on the first day of trial.

Jury instructions must be submitted in accordance with the requirements set forth in CRC 2.1055 and 2.1050 and are due the first day of trial.

Applies to

Witness lists

Witness lists must include direct-examination time estimates, proposed voir dire questions if any, and requests for section 402 hearings, and are due on the first day of trial.

Witness lists including time estimates for direct testimony, proposed voir dire questions if any, and requests for 402 hearings, are also due the first day of trial.

Applies to

Written informal discovery request response

A party receiving a written informal discovery request must provide the requested information, identify in writing any items it refuses or cannot produce and the reason, or seek a protective order.

Upon receipt of any written informal request, the receiving party must respond by providing the information requested, or by specifying in writing the items the party refuses or is unable to produce and the reason for the refusal or inability, or by seeking a protective order.

Applies to

Motion to compel discovery

A motion to compel discovery must describe the discovery requests, identify the items sought, and state that the moving party met and conferred with the other party.

A motion pursuant to LRSF16.9 may be made to compel discovery under Penal Code § 1054.5(b) which (1) describes the oral and written requests to obtain discovery, (2) specifies the items sought by the motion, and (3) states that the moving party has met and conferred with the other party on the substance of the motion.

Applies to

Motion

Every motion must include supporting points and authorities describing the facts, specifying the charged offenses, and identifying the authorities relied upon.

C. All motions must be accompanied by supporting points and authorities that must include a description of the facts, a specification of the charged offenses and authorities relied upon.

Applies to

Motion

Record references in a motion must include specific citations.

References to the record must be supported by specific citations.

Applies to

Motion

A reference to a transcribed proceeding must identify the proceeding’s date and nature and provide page and line citations.

References to any transcribed proceeding must designate the date and nature of the proceeding and cite the page and line of the reference.

Applies to

Motion

A motion must attach copies of referenced documents, exhibits, and pleadings other than court transcripts.

E. A copy of any document, exhibit, or pleading that is referenced in a motion, other than a court transcript, must be attached to the motion.

Applies to

Motion

When relevant, the defendant must attach legible copies of the search warrant, supporting affidavit, and/or property receipt and inventory.

If relevant, the defendant must attach legible copies of the search warrant, affidavit in support of the warrant and/or receipt and inventory of property.

Applies to

Ex parte motion

An ex parte motion must state that the opposing party was informed of the requested relief and whether that party agrees or disagrees.

Ex parte motions must include recitations that the opposing party has been informed of the relief sought and agrees or does not agree with that relief.

Applies to

Motion

A Penal Code section 1538.5 motion must identify the specific evidence, state the legal basis relied upon, and cite the specific authorities.

A. Motions pursuant to Penal Code § 1538.5 must 1) describe and list the specific items of evidence which are the subject of the motion; 2) specifically state the legal basis which will be relied upon; and 3) cite the specific authorities relied upon.

Applies to

Motion

A motion and its memorandum of points and authorities must identify a Harvey-Madden progeny issue or an arrest-warrant issue when one is present.

C. Harvey-Madden notice. Whenever there is an issue in a motion with regards to either: 1) People v. Harvey, (1958) 156 Cal. App. 2d 516, People v. Madden, (1970) 2 Cal.3d 1017, and their progeny, or 2) The existence of an arrest warrant (People v. Romanoski (1984) 157 Cal. App. 3d 353, 360), then motion and the memorandum of points and authorities must so indicate.

Applies to

Notice of related motion

Counsel who knows of a related traverse, quash, or suppress motion must promptly file the required notice, serve all parties, and provide each related judge a courtesy copy.

2) Any counsel who knows or learns that the motion to traverse, quash, or suppress is related to another such motion must promptly: a. file a “Notice of Related Motion to Traverse, Quash, or Suppress” with the Criminal Master Calendar Department, b. serve all parties with a copy of the notice, and c. provide a courtesy copy to each judge hearing a related motion.

Applies to

Notice of related motion

The notice of related motion must include defendants’ names, case numbers, and applicable warrant numbers.

4) A Notice of Related Motion to Traverse, Quash, or Suppress shall contain the defendants’ names, case numbers, and, if applicable, warrant numbers for the related motions to traverse, quash, or suppress.

Applies to

Private surety bail undertaking

Must include

proposed order

For a private-surety bail undertaking, counsel must provide a proposed sealing order at the hearing and a case-caption-marked envelope containing the surety’s private financial and identifying information.

Counsel for any defendant seeking a bail undertaking by private surety must provide the Court at the time of the hearing with a proposed sealing order for the surety or sureties’ private financial information and/or personal identifying information, and counsel must also provide an envelope marked with the case caption for those documents.

Applies to

Motion

Every motion must be accompanied by a supporting memorandum describing the facts, specifying the charged offenses, and identifying the points and authorities relied upon.

All motions must be accompanied by a memorandum of supporting points and authorities that include a brief description of the facts, a specification of the charged offenses and points and authorities relied upon.

Applies to

Motion relying on facts beyond citation

A motion relying on facts beyond the citation must include a declaration under penalty of perjury substantially conforming to CCP § 2015.5.

Any motions that rely upon facts beyond the citation must be accompanied by a declaration under penalty of perjury in substantial conformity in compliance with CCP § 2015.5.

Applies to

Notice of appeal

A certified copy of the Judgment of Conviction or other order, together with two copies of each form, must be filed with the criminal-division appeals clerk within the CRC Rule 8.902(a) deadline.

A certified copy of the Judgment of Conviction or other Order must be obtained from the traffic division in the Hall of Justice. These documents and two copies of each form must be filed with the appeals clerk, criminal division in the Hall of Justice, within the time limits established under CRC Rule 8.902(a).

Applies to

Trial setting compliance statement

Two weeks before the Trial Setting Conference, plaintiff’s counsel must provide the court and all parties a compliance statement covering CRC 3.110 conformity, service on all named parties, and each named defendant’s appearance status.

Two weeks prior to the TSC date, Plaintiff’s counsel must provide to the Court and all parties a statement of compliance that said complaint (1) conforms to the CRC 3.110, (2) has been served on all named parties, and (3) identifies the appearance status of all named defendants.

Applies to

Case management conference statement

Must include

certificate of conference

A party requesting a Case Management Conference must file and serve a CMC statement identifying the specific issues for the court and including the CCP § 2016.040 meet-and-confer declaration.

The requesting party must file and serve a CMC statement setting forth the specific issue(s) to be addressed by the Court with a meet and confer declaration as defined by CCP § 2016.040.

Applies to

Preliminary fact sheet

The Preliminary Fact Sheet must be prepared and signed by plaintiff’s counsel and comply exactly with the court’s specified asbestos-litigation form.

Contemporaneous with the filing of a complaint for alleged bodily injury due to asbestos exposure, Plaintiff’s counsel must file a Preliminary Fact Sheet (“PFS”) prepared and signed by plaintiff’s counsel. The PFS must exactly comply with the form provided by the Court as “Plaintiff’s Preliminary Fact Sheet/New Filing/Asbestos Litigation”.

Applies to

Expert case materials

At least 48 hours before the expert’s scheduled deposition, the party retaining the expert must produce the expert’s case-specific files, notes, and reports.

No later than 48 hours prior to the expert’s scheduled deposition, the party retaining the expert is required to produce the expert’s file(s), note(s) and report(s) for the specific case.

Applies to

IDC letter

Before the IDC, the potential moving, opposing, and joining parties must each lodge a hard-copy letter with the asbestos judge identifying the discovery issue and dispute.

Prior to the IDC, the potential moving party, opposing party(ies) and joining party(ies) must each lodge a hard copy letter with the Judge in the Asbestos Department identifying the discovery at issue and the dispute between the parties.

Applies to

IDC letter

The IDC letter must describe the parties’ prior in-person or remote meet-and-confer efforts and provide the dates of the last discussions concerning the discovery issue.

The letter must include a description of efforts to meet and confer in person or by remote technology prior to the IDC and the dates when the last discussion(s) concerning the discovery issue took place.

Applies to

Settlement statement

All parties must submit a settlement conference statement in compliance with CRC 3.1380 and LRSF 5.0, unless the Court excuses them for good cause shown.

All Parties must submit a settlement conference statement (“Settlement Statement”), as required below, in compliance with CRC 3.1380 and LRSF 5.0, unless otherwise excused by the Court for good cause shown.

Applies to

Settlement statement

Each party must lodge with the judge, no later than five days before the mandatory settlement conference or as otherwise ordered, a settlement statement disclosing the essential facts supporting liability and defenses.

Within five (5) days prior to the date set for the MSC, or as otherwise ordered by the Judge, each party must lodge with the Judge a Settlement Statement that discloses the essential facts supporting claimed liability and defenses thereto.

Applies to

Settlement statement

Each plaintiff’s settlement statement must state total settlements obtained or negotiated, including bankruptcy trust payments, and all non-trial-related factors bearing on the likelihood to settle.

Each plaintiff’s Settlement Statement must also state the following: the total amounts of settlements obtained or negotiated in the case, including bankruptcy trust payments; and all factors that bear upon plaintiff’s likelihood to settle (excluding trial related factors, e.g., judge assignment, type of jury, etc.).

Applies to

Settlement statement

Each defendant’s settlement statement must identify each person with final settlement authority, including contact information, and state all non-trial-related factors bearing on the likelihood to settle.

Each defendant’s Settlement Statement must also state the following: the name, position/title, phone number(s) and email address of each person who must approve an offer and has final settlement authority; and all factors that bear upon defendant’s likelihood to settle (excluding trial related factors, e.g., judge assignment, type of jury, etc.).

Applies to

Demand

Plaintiff’s counsel must provide each remaining defendant with a demand and identify all previously undisclosed remaining defendants no later than ten days before the MSC, unless the judge orders otherwise.

No later than ten (10) days prior to the date set for the MSC, or as otherwise ordered by the Judge, Plaintiff’s counsel must provide to each remaining defendant a demand and identify all previously undisclosed, remaining defendants.

Applies to

Joint motion

A request from multiple defendants concerning the same expert must be presented as a joint motion supported by no more than one declaration.

However, if more than one defendant seeks to address the same expert, the request must be submitted as a joint motion supported by no more than one declaration

Applies to

Additional mil leave declaration

Before filing additional motions in limine, a party must seek leave by submitting a declaration of no more than three pages demonstrating good cause and briefly describing the evidence.

Before additional MILs are filed, a party must request leave to file additional MILs by submitting to the to the trial judge or the Judge a declaration, which does not exceed three (3) pages demonstrating good cause and a brief description of the evidence

Applies to

Witness and exhibit lists

Within two court days after trial-department assignment, all parties must submit witness and exhibit lists to the trial department.

No later than two (2) court days after the date on which the case was assigned to a trial department, all parties must submit witness lists and exhibit lists to the trial department.

Applies to

Joint standard jury instructions

Within two court days after trial-department assignment, the parties must submit joint standard jury instructions, while retaining the ability to submit additional instructions later.

No later than two (2) court days after the date on which the case was assigned to a trial department, the parties must submit joint standard jury instructions (without prejudice to submitting further instructions at a later date) to the trial department.

Applies to

Trial brief

On trial assignment or the first trial appearance, whichever occurs earlier, parties must submit a trial brief containing a succinct summary of the facts, plaintiffs' claims, and defendants' asserted defenses.

On the day of trial assignment or by the first trial appearance, which ever date is earlier, parties must submit a trial brief. The trial brief must include a succinct summary of the facts of case, Plaintiff(s)’ claim(s) against the defendant, and Defendant(s) asserted defenses.

Applies to

Proposed order

Must include

proposed order

When a tentative ruling is contested, the prevailing party must prepare a proposed order reproducing the ruling’s substantive portion verbatim and bring it to the hearing.

If a tentative ruling is contested, the prevailing party is required to prepare a proposed order repeating verbatim the substantive portion of the tentative ruling and must bring the proposed order to the hearing.

Applies to

Proposed order

Must include

proposed order

When a tentative ruling is uncontested, the prevailing party must prepare a verbatim proposed order and either bring it to the hearing or submit it after the hearing under CRC 3.1312.

If a tentative ruling is not contested, the prevailing party is required to prepare a proposed order repeating verbatim the substantive portion of the tentative ruling and must either bring the proposed order to the hearing or submit it after the hearing in compliance with CRC 3.1312.

Applies to

Proposed order

Must include

proposed order

When the tentative ruling specifies that a hearing is required, both sides must bring proposed orders.

If a tentative ruling specifies that a hearing is required, both sides must bring proposed orders to the hearing.

Applies to

Application

Every Appellate Division application must state facts showing good cause and identify prior applications concerning the same subject in the same appeal or writ proceeding.

All applications must: (1) state facts showing good cause to grant the application; and (2) identify any previous applications relating to the same subject filed by any party in the same appeal or writ proceeding.

Applies to

Extension application

An application to extend time to file records, briefs, or other documents must state the filing due date and the length of the requested extension.

Applications for extension of time to file records, briefs, or other documents must also provide: (1) the due date of the document to be filed; (2) the length of the extension

Applies to

Extension application

Must include

proposed order

Applications to extend time must include a proposed order.

Applications to extend time must include a proposed order.

Applies to

Motion

The selected hearing date must be stated on the law-and-motion motion being filed.

The moving party must state the selected hearing date on the motion to be filed.

Applies to

Unlawful detainer default papers

An unlawful-detainer default submission must include the complaint, original summons, a separate proof of service for each named defendant served, and a completed Request to Enter Default form.

The following papers must be on file or filled out completely and submitted: 1. Complaint 2. Original Summons 3. A separate Proof of Service for each of the named defendants served 4. A Request to Enter Default form (CIV-100)- which should have been mailed to each defaulted defendant prior to filing with the court

Applies to

Clerk judgment

The possession-only submission must include a properly completed UD-110 judgment form, matching party names and premises address, the proper clerk’s-judgment and possession boxes, and, when required, corresponding CIV-100 markings and proof of service of the Pre-Judgment Claim of Right to Possession.

5. Is the Judgment form, UD-110, submitted? Y/N a. Are the appropriate boxes marked re: Clerk’s Judgment? Y/N b. Names of Plaintiff and Defendants on line 3a match the complaint exactly? Y/N c. Address of premises on line 4 match the complaint exactly? Y/N a. Appropriate box marked indicating party entitled to possession? Y/N d. If box 5 is marked, respective box under 1e(1) is marked on the CIV-100 form AND there is a Proof of Service of Pre-Judgment Claim of Right to Possession? Y/N

Applies to

Request to enter default

The request must identify whether it seeks entry of default, clerk’s judgment, or court judgment.

1. What type of Request? ☐Entry of Default ☐Clerk’s Judgment ☐Court Judgment

Applies to

Complaint

The complaint’s date and the names of the requesting party and defaulted party must be correct and match exactly.

2. Is the date of the compliant, correct? Y/N 3. Are the names of the party requesting default and the party being defaulted correct and matches the complaint exactly? Y/N

Applies to

Default submission

Page 1 of the relevant default document must be dated, bear a printed name, and be signed.

5. Page 1 is dated, printed name and signed? Y/N

Applies to

Summons

A current issued summons is required.

9. Is the Summons issued current? Y/N

Applies to

Complaint

For residential premises, the complaint must address applicable Tenant Protection Act and San Francisco Rent Ordinance status, with notice or advice attached when applicable.

10. On the Complaint, Are subject premises residential? Y/N a. If Yes, does it allege whether it is Subject to the Tenant Protection Act? Y/N b. If Yes, subject to San Francisco Rent Ordinance? Y/N I. If yes, notice/advice attached? Y/N

Applies to

Clerk judgment

For possession-only clerk’s judgment, the CIV-100 form must identify clerk’s judgment and have section 1e completed, and Item 8 must include a completed Declaration of Non-Military Status using the most current Judicial Council form.

1. On the CIV-100 form, Is the Request type for Clerk’s Judgment marked? Y/N 2. Is section 1e (1)-(3) appropriately completed? Y/N 3. Is Item 8, Declaration of Non-Military Status completed? Y/N a. Is the most recent Judicial Council Form used? Y/N

Applies to

Verification by landlord

A Verification by Landlord, form UD-120, is required when the premises are residential and the action is for nonpayment of rent.

4. If the Subject premises is residential and is for non-payment of rent, is the Verification by Landlord, UD-120, submitted? Y/N

Applies to

Request to enter default

For a cancelled rental agreement, the original must be provided; for a forfeited agreement, a declaration concerning the lost or unavailable lease must be provided, and only one Item 6c option may be marked.

6. Item 6c – The rental agreement; only one option can be marked, if any a. cancelled - is marked, is the original agreement provided? Y/N b. forfeit – is marked, is a declaration of lost or unavailable lease provided? Y/N

Applies to

Court judgment

Money judgment may be processed only when possession is no longer at issue.

Money Judgment can only be processed if possession is no longer at issue.

Applies to

Default judgment

Entry of default must already be on file before an unlawful-detainer court money judgment can be processed.

1. Default must be on file.

Applies to

Request to enter default

The CIV-100 form must identify the request as a court judgment.

2. CIV-100 form indicates Request as Court Judgment? Y/N

Applies to

Request to enter default

The CIV-100 form must contain the correct complaint date, the requesting and opposing party names matching the complaint, and the previously entered default date in Item 1e(3).

3. On the CIV-100 form, Is the date of the compliant, correct? Y/N 4. The names of the party requesting judgment and party against matches complaint? Y/N 5. Item 1e(3) indicates date of default previously entered? Y/N

Applies to

Court judgment

Section 2 must be completed with amounts matching the complaint demand, section 7 costs, and the calculations outlined in the declaration under Code of Civil Procedure section 585.

6. Section 2 is completed and numbers match the demand in complaint, costs in section 7, and calculations outlines in the Declaration pursuant to 585? Y/N

Applies to

Declaration pursuant to 585

A properly completed declaration pursuant to section 585 must be submitted.

Declaration pursuant to 585 is submitted and properly completed?

Applies to

Declaration pursuant to 585

The section 585 declaration must identify the plaintiff's ownership, describe the premises, provide the lease date and rent, establish notice and the defendant's failure to comply, state the vacatur date, and identify who signed the declaration.

a. Plaintiff is owner of premises; premises are exactly described; date of written/oral Lease provided; agreed rent; Defendant served with notice; defendant failed to comply with notice; date defendant vacated; plaintiff signed declaration; or by whom?

Applies to

Default judgment packet

All attachments identified in the filing must actually be included.

c. Are all attachments stated to be attached, included?

Applies to

Demand letter

When interest is requested in a subrogation-based judgment, a copy of the demand letter must be submitted.

Submit a copy of the demand letter if interest is being requested

Applies to

Default judgment

A judgment for unpaid homeowners association fees must include a copy of the trust or grant deed.

Submit a copy of the trust or grant deed

Applies to

Proposed judgment

A proposed judgment may be required and may not exceed the amount requested in the complaint.

A proposed judgment not exceeding the amount prayed for in the complaint

Applies to

Default judgment

In personal-injury and wrongful-death cases, the judgment may not exceed the total stated in the Request for Statement of Damages.

In personal injury and wrongful death actions, a judgment not exceeding the total on the statement described in CCP 425.11 (Request for Statement of Damages) and CCP 425.115

Applies to

Military status declaration

A declaration showing that the defendant is not in military service may be required and must be no more than six months old.

A Declaration setting forth facts showing that the defendant is not in military service. This declaration must be no older than six months (Service members Civil Relief Act, 50 USC Appen. 520)

Applies to

Military status declaration

The defendant’s declaration must state facts showing that the defendant is not in military service and must be older than six (6) months.

Declaration setting forth facts showing that the defendant is not in military service. This Declaration must be older than six (6) months (Service members Civil Relief Act, 50 USC. 520)

Applies to

Memorandum of costs

A Memorandum of Costs may be required using Judicial Council form MC-010.

A Memorandum of Costs (CRC 3.1700; Judicial Council form MC-010)

Applies to

Written contract or lost document declaration

The original written contract underlying the action, or a declaration concerning a lost contract, may be required.

The original written contract, if any, giving rise to the action, or a declaration regarding lost document. (CRC, Rule 3.1806)

Applies to

No written contract affidavit or declaration

For an open-book account, an affidavit or declaration stating that no written contract exists may be required.

If the action is upon an open book account, an affidavit or declaration that no written contract exists (CCP Before Trial (Cont. Ed. Bar) § 56.41

Applies to

Interest computation

A computation of any interest that includes the accrual date and interest rate may be required.

A computation of any interest, including the date of accrual and the rate of interest

Applies to

No written contract affidavit or declaration

For an open-book account, an affidavit or declaration stating that no written contract exists must be submitted.

If the action is upon an open book account, an Affidavit or Declaration that no written contract exists. (CCP Before Trial (Cont.Ed.Bar) § 56.41)

Applies to

Dismissal of unnamed defendants

A dismissal of all unnamed defendants, including Doe defendants, may be required.

A dismissal of all unnamed defendants, including DOES

Applies to

Proposed judgment

A proposed judgment that does not exceed the amount requested in the complaint must be submitted.

Proposed Judgment not exceeding the amount of the prayer

Applies to

Memorandum of costs

A Memorandum of Costs using Judicial Council form MC-010 must be submitted.

Memorandum of Costs (CRC 3.1700; Judicial Council form MC-010)

Applies to

Written contract or lost document declaration

The original written contract underlying the action, or a declaration concerning a lost contract, must be submitted.

Original written contract, if any, giving rise to the action, or a Declaration regarding lost document (CRC, Rule 3.1806)

Applies to

Dismissal or waiver

A dismissal without prejudice or a written waiver of causes not eligible for clerk’s entry of judgment under CCP 585(a) must be submitted.

Dismissal without prejudice or a written waiver of any causes other than those on which a clerk can enter Judgment pursuant to CCP 585(a)

Applies to

Open book account support

For a clerk’s entry of judgment on an open-book account, the plaintiff must submit one of the three listed supporting submissions.

On an open book account, plaintiff may obtain a clerk’s entry of judgment provided that plaintiff submits one of the following:

Applies to

Open book account support

An open-book account clerk-judgment submission may be a verified complaint, a declaration of figures permitting a simple judgment computation, or the ledger or most recent invoice showing amounts due.

1. A verified complaint; 2. A declaration setting forth figures from which the clerk may perform a simple computation to obtain the amount of the judgment; or, 3. The Ledger or most recent invoice showing amounts due, from which the clerk can perform a simple calculation to compute judgment.

Applies to

Default judgment checklist

Every checklist item must be checked or marked N/A when inapplicable.

All items must be checked or indicate “N/A” that the item is not applicable to your case:

Applies to

Proof of summons

The original Proof of Summons for all defendants using Judicial Council form POS-010 must be submitted.

Submit Original Proof of Summons for all defendants (Judicial Council form POS-010)

Applies to

Proof of summons

For proper venue, the buyer must reside in San Francisco or have resided there when the contract was signed.

Proper Venue: buyer resides in SF or did when contract signed.

Applies to

Proof of service

The proof of service must identify the name and title of the person authorized to accept service for a business entity.

Name and title of the person authorized to accept service on behalf of a business entity must be indicated on the proof of service

Applies to

Declaration of due diligence

A substituted-service Declaration of Due Diligence must comply with the San Francisco Superior Court Local Rules.

Declaration of Due Diligence for substituted service must comply with SFSF Local Rules

Applies to

Request for dismissal of doe defendants

A Request for Dismissal of Doe defendants on Judicial Council form CIV-110 must be submitted if Doe defendants are listed in the complaint.

Submit a Request for Dismissal of “Doe” Defendants, if “Doe” Defendants are listed on complaint (Judicial Council form CIV-110)

Applies to

Request for entry of default or application for default court judgment

A Request for Entry of Default or Application for Default Court Judgment on Judicial Council form CIV-100 must be submitted.

Submit Request for Entry of Default/Application for Default Court Judgment (Judicial Council form CIV-100)

Applies to

Request for entry of default