San Joaquin Superior Court Document Filing Requirements

Applies to

Hearing date change application

Must include

proposed order

A written application for a hearing-date change must be accompanied by a proposed order.

Any party seeking a change of hearing date set under this section must file a written application containing a showing of good cause together with a proposed order five (5) court days in advance of the hearing.

Applies to

Financial document

Original supporting documents for inventories, appraisals, and accounts must be lodged separately as confidential documents complying with California Rules of Court, Rule 2.100 et seq.

A. All original documents submitted by fiduciaries in support of their Inventory and Appraisals or accounts as required by Local Rules 4-122 or Probate Code § 2620(c), including financial account statements, original closing escrow statements, and original residential care facility or long-term care facility bills must be lodged separately from the Inventory and Appraisal or accounting as a confidential document complying with California Rules of Court, Rule 2.100 et seq.

Applies to

Distribution decree

A decree distributing property to a minor must direct distribution to a court-approved fiduciary or other person, state the person's authority, and require that person to sign the receipt and identify the authority under which the person acts.

A decree ordering distribution to minor shall provide that the property be distributed to the fiduciary or other person approved by the court on behalf of the distributee and identify under what authority. The fiduciary or other person shall sign the distributee’s receipt and identify under what authority the fiduciary or other person acts.

Applies to

Ex parte petition for final discharge

When a final-distribution order reserves more than $1,500, an accounting of the reserve must be attached to the Ex Parte Petition for Final Discharge.

If an order for final distribution of an estate of a decedent, ward, conservatee or trust includes a reserve of more than $1,500.00, an accounting of the reserve shall be attached to the Ex Parte Petition for Final Discharge (Judicial Council form DE-295/GC-395).

Applies to

Real property succession or small estate petition

A real-property succession, spousal-property, or small-value affidavit petition based on a Will or codicil must have the Will or codicil deposited with the court before or concurrently with filing.

If a Petition to Determine Succession to Real Property (Probate Code §§13150 et seq) or Spousal Property Petition (Probate Code §§13500 et seq) or Affidavit for Real Property of Small Value (Probate Code §13200) is based upon the decedent’s Will and/or codicil, the Will and/or codicil shall be deposited with the Court prior to or concurrent with the filing of the petition.

Applies to

Motion

The moving party must provide a complete itemized list of the specific property or matters sought to be suppressed or returned.

The moving party shall include a complete itemized list of the specific items of property or other matters sought to be suppressed or returned.

Applies to

Memorandum of points and authorities

A memorandum of points and authorities must include a statement of the case and/or relevant procedural or factual matters.

A memorandum of points and authorities must include a statement of the case and/or a statement of facts setting forth any procedural or factual matters relevant to the issues presented.

Applies to

Memorandum of points and authorities

The memorandum must identify the precise factual and legal issues and the specific legal authority relied upon.

The memorandum must clearly specify the precise factual and legal issues raised in the motion and the specific legal authority relied upon for the motion.

Applies to

Memorandum of points and authorities

References to the preliminary-hearing transcript must include the specific page and line numbers.

If reference is made in the memorandum of points and authorities to the transcript of the preliminary hearing, the specific page and line number of the transcript shall be cited.

Applies to

Memorandum of points and authorities

A relevant hearing-transcript excerpt must be attached when a non-preliminary-hearing transcript is referenced.

If reference is made to the transcript of a hearing other than the preliminary hearing, a copy of the relevant excerpt of that hearing shall be attached to the memorandum of points and authorities.

Applies to

Memorandum of points and authorities

Unpublished California cases cited through the Daily Appellate Report must be attached to the memorandum.

New California cases not yet published in the advance sheets may be cited by reference to the Daily Appellate Report. Copies of cases cited in the Daily Appellate Report must be attached to the memorandum of points and authorities.

Applies to

Memorandum of points and authorities

A copy must be attached for each cited authority other than California cases, United States Supreme Court cases, and Witkin.

If authorities other than California cases, United States Supreme Court cases, and Witkin are cited in the memorandum of points and authorities, a copy of such authorities must be attached thereto.

Applies to

Memorandum of points and authorities

The moving party’s memorandum must state whether the motion was heard at the preliminary examination and, if so, specify the court’s factual findings and legal conclusions.

The moving party’s memorandum of points and authorities shall state whether the motion was heard at the preliminary examination. If so, the moving party’s memorandum of points and authorities shall specify the factual findings and legal conclusions made by the court.

Applies to

Memorandum of points and authorities

Failure to file a memorandum is treated as a concession that the motion lacks merit, and ordinarily only issues stated in the memorandum will be considered, subject to the stated exceptions.

Absence of a memorandum of points and authorities shall be deemed by the court to be a concession that the motion lacks merit. No issues other than those set forth in the memorandum of points and authorities will be considered unless the new issues were not reasonably discoverable before the motion was filed or there is other good cause shown.

Applies to

Motion

Every motion under section 1538.5 of the Penal Code must be written and comply with specified rules.

In all cases, the motion must be written and must comply with rules 2-101, 2-102 and 1538.5 PC.

Applies to

Motion

The court will generally consider only listed items for suppression or return, unless a newly identified item could not reasonably have been identified before filing.

Only the items listed in the motion will be considered by the court for suppression or return unless it is established the newly identified item could not reasonably be identified before the motion was filed.

Applies to

Memorandum of points and authorities

The moving party’s memorandum must identify the specific factual and legal basis and cite the supporting authority for a defective-search or defective-seizure claim.

The moving party’s memorandum of points and authorities shall identify the specific legal and factual basis and cite the specific authority which will be offered to support the claim the search or seizure was defective.

Applies to

Notice of motion

Moving and responding parties must list the names of intended witnesses, if any, on the first page of the notice of motion or response.

Moving and responding parties shall specify on the first page of the notice of motion or response the name of the witnesses, if any, they intend to call at the hearing.

Applies to

Moving paper

When relevant, legible copies of specified search-warrant materials must be appended to the moving paper.

If relevant to the motion, legible copies of the search warrant, affidavit in support of the warrant, and return and inventory shall be appended to the moving paper.

Applies to

Notice of motion or response

A party unwilling to stipulate to receipt of the preliminary-examination or grand-jury-hearing transcript must state that fact on the first page of the notice of motion or response.

When any party is unwilling to stipulate to the transcript of the preliminary examination or grand jury hearing being received into evidence (supplemented by other testimony and argument of counsel, as needed), that fact shall be stated on the first page of the notice of motion or response.

Applies to

Brief

A supporting memorandum for a demurrer, pleading-based motion to dismiss, or motion to strike must include a copy of the current charging document.

Defendants shall attach a copy of the current complaint, information, or indictment to the memorandum of points and authorities filed in support of any demurrer, motion to dismiss based upon the pleadings, or motion to strike.

Applies to

Notice of motion

The notice for a demurrer, motion to dismiss, or motion to strike must state whether relief is sought against the entire charging document.

Demurrers, motions to dismiss, and motions to strike shall specify in the notice whether the defendant seeks to dismiss or strike the entire complaint, information, or indictment.

Applies to

Notice of motion

When partial relief is sought, the notice must identify the specific count, enhancements, allegations, special circumstances, or other pleading aspects targeted.

If the defendant does not seek to dismiss or strike the entire complaint, information, or indictment, the defendant shall set forth in the notice of motion the count, enhancements, allegations, special circumstances, or other aspects of the pleading defendant seeks to dismiss or strike.

Applies to

Motion

In felony cases, specified trial motions must be written and supported by a memorandum of points and authorities.

In felony cases, all motions in limine, any extraordinary or complex motions, and any motions requiring live testimony shall be made in writing with a supporting memorandum of points and authorities.

Applies to

Motion

In misdemeanor cases, in limine motions requiring live testimony must be written and include a supporting memorandum of points and authorities.

In misdemeanor cases, all motions in limine requiring live testimony shall be made in writing with a supporting memorandum of points and authorities.

Applies to

Motion

Evidentiary in limine motions requiring testimony must be clearly labeled “LIVE TESTIMONY NECESSARY.”

All evidentiary in limine motions necessitating testimony must be clearly labeled: LIVE TESTIMONY NECESSARY.

Applies to

Motion

In limine motions seeking to admit or exclude evidence or testimony must include an itemized evidence list, a summary of expected testimony, a witness list, and points and authorities.

All in limine motions seeking to exclude or admit evidence or testimony shall include the following: 1. An itemized list of the evidence the party is seeking to exclude or admit. 2. A summary of the expected testimony the party is seeking to exclude or admit and a list of the witnesses the party expects will give that testimony. 3. Points and authorities as described in 2-102.

Applies to

Motion

Motions seeking admission under Evidence Code sections 1101(b), 1108, or 1109 must include available specified police reports, witness statements, and hearing and trial transcripts relating to the uncharged offense, in addition to paragraph D items.

All motions seeking the admission of evidence pursuant to Evidence Code §1101(b), or 1108 or 1109, shall include, in addition to the items set forth in paragraph D, relevant portions of the police reports, transcribed witness statements, and preliminary hearing and trial transcripts relating to the uncharged offense when such documents are available.

Applies to

Pretrial statement

Must include

statement of facts

The felony pretrial statement must summarize the case, state the defendant’s maximum exposure, and include any pretrial offer and the defendant’s counteroffer.

The pretrial statement shall include a brief statement of the case, the maximum exposure the defendant faces, and the pretrial offer, and defendant’s counteroffer, if any is offered.

Applies to

Jury instructions

Requested jury instructions must be submitted in full rather than by CALCRIM number alone unless the trial court orders otherwise.

Unless otherwise ordered by the trial court, all requested instructions shall be presented in their entirety and not simply referred to by CALCRIM numbers.

Applies to

Jury instructions

Each special jury instruction must be labeled for the People or defendant and numbered sequentially.

All special instructions shall be labeled People’s Special Instruction or Defendant’s Special Instruction and numbered sequentially.

Applies to

Jury instructions

All proposed jury instructions must comply with the California Rules of Court.

All proposed jury instructions shall comply with the California Rules of Court.

Applies to

Motion to withdraw

Retained defense counsel may not withdraw from a criminal representation without a court order entered on a timely motion.

An attorney retained to represent a defendant in a criminal proceeding shall not withdraw from such representation except by order of the court upon a timely motion.

Applies to

Motion to withdraw

A motion to relieve counsel must include a declaration stating the defendant’s last known address and when counsel last confirmed it as valid.

Any motion to be relieved shall include a declaration stating the defendant’s last known address along with facts indicating when that address was last confirmed as valid by counsel.

Applies to

Motion to withdraw

When the defendant’s whereabouts are unknown, the declaration must describe reasonable diligence used to ascertain the defendant’s last known address.

If the whereabouts of the defendant are unknown, the declarations shall include facts constituting reasonable diligence in ascertaining the defendant’s last known address.

Applies to

Noticed motion

A noticed motion to modify judgment must specify the order sought and the support for it.

Requests to modify judgment must be by a noticed motion, specifying the order sought and the support for it, filed with the clerk of the court not less than five (5) days in advance of the hearing date.

Applies to

Release application

An application for jail release for a medical, dental, funeral, or other appointment may not be made ex parte.

No application for an order allowing release from jail for medical, dental, funeral or other appointments shall be made ex-parte.

Applies to

Release application

A request for inmate release must be submitted to the presiding criminal judge or a judge assigned by that judge.

All requests for release shall be made to the presiding criminal judge or a judge assigned by the presiding criminal judge.

Applies to

Stipulation

A stipulation used to stay an action for alternative dispute resolution must state that the ADR is binding and that the entire action will be dismissed.

To stay any action pending any type of alternative dispute resolution (ADR), stipulations and proposed orders must provide that the ADR shall be binding and that a dismissal of the entire action will be filed.

Applies to

Ex parte application

An ex parte order requires a verified application, or a sworn declaration where applicable, containing facts and law justifying the requested relief.

An ex parte order will not be granted unless accompanied by a verified ex parte application (or a sworn declaration where applicable) containing facts and law to justify granting the requested relief.

Applies to

Notice of remote appearance

A request for remote appearance must use and file Notice of Remote Appearance Form RA-010 no later than 10 court days before the specified hearing.

a. A party may request to appear remotely by filing and serving a Notice of Remote Appearance Form RA-010 with the Court no later than10 court days before the Evidentiary Hearing, Settlement Conference, Bench or Court Trial, Jury Trial, or Order to Show Cause.

Applies to

Settlement conference statement

The Settlement Conference Statement must include a concise case summary, agreed and disputed matters, and the factual and legal contentions concerning disputed matters, in addition to items required by California Rule of Court 3.1380(c).

In addition to the items required by California Rules of Court, Rule 3.1380(c), the Settlement Conference Statement shall contain a concise summary of the case, a description of the matters agreed upon and the matters in dispute, and the factual and legal contentions as to the matters in dispute.

Applies to

Settlement conference statement

A personal-injury Settlement Conference Statement must include medical information, damages and supporting documentation, settlement offers and counteroffers, and other information useful to settling the case.

In a personal injury action, the statements shall set forth the medical condition of the party(s), medical treatment received and by whom, a listing of the medical bills, the amount of the general damages claimed and supporting documentation, offers and counter offers of settlement and all other information which will assist the court in settling the case.

Applies to

Proposed findings order judgment or decree

Unless the court orders otherwise, proposed findings, orders, judgments, or decrees must be prepared in accordance with California Rules of Court Rule 3.1312.

Unless otherwise ordered by the court, the preparation of the order of finding, order, judgment or decree shall be in accordance with Rule 3.1312 of the California Rules of Court.

Applies to

Ex parte order application

Unless an applicable exception applies, an ex parte order application must be supported by a sworn declaration establishing reasonable notice efforts or a statutory basis for proceeding without notice.

Except as provided in this rule and in Rule 3.1204 of the California Rules of Court, no application for an order shall be made ex parte unless the applicant shows by written declaration under oath either that a reasonable effort has been made to give notice to the adverse party or attorney, that notice would be inappropriate or impractical or would result in irreparable injury, or that the order would not result in a significant direct burden or inconvenience to the adverse party.

Applies to

Notice of death and pendency of probate proceeding

When a party dies, the attorney for that party must promptly serve and file a notice of death and any pendency of a probate proceeding.

When a party to an action dies, the attorney for that party shall forthwith serve and file a notice of death and pendency of probate proceeding, if any.

Applies to

Ex parte order application

Every ex parte order application must include a knowledgeable person’s sworn declaration explaining the bond amount, any waiver request, and the maximum likely loss, including attorney fees.

Every application for an order made ex parte shall be accompanied by a written declaration under oath, made by a person with knowledge of the facts, stating the facts for determining the amount of a bond and any facts supporting any requested waiver of a bond. The declaration shall state the maximum loss, including any attorney fees, which is likely to occur from the granting of the order.

Applies to

Complaint

When a represented plaintiff requires a guardian ad litem, the petition must be filed with the complaint, and the summons may not issue until the appointment order is signed.

In cases where a minor, or other person for whom guardian ad litem will be necessary, is the plaintiff, the Petition to Appoint Guardian Ad Litem shall be filed simultaneously with the complaint and the summons to be issued. The summons shall not be issued until the Order Appointing Guardian Ad Litem has been signed.

Applies to

Complaint

In eminent-domain proceedings involving multiple parcels, the complaint must identify each parcel by number or symbol in addition to the matters required by Code of Civil Procedure section 1250.310.

In proceedings involving more than one parcel of property, the complaint shall set forth in addition to the matters required by Code of Civil Procedure, section 1250.310, numbers or symbols identifying each parcel of property.

Applies to

Pleading

A demurrer, disclaimer, written appearance, or other pleading must identify the claimed property by listing its parcel numbers or symbols below the case number in parentheses.

demurrer, disclaimer, written appearance, or other pleading shall set forth, in the space below the number of the case and in parentheses, the parcel numbers or symbols that identify the property claimed by that defendant.

Applies to

Application for final order of condemnation

An application for a final order of condemnation must be made on notice to remaining parties or their stipulation and must include the final judgment and proof of satisfaction or acknowledgment of receipt by the affected defendants.

An application for final order of condemnation shall be made upon notice to all parties appearing in the action who have not been previously dismissed therefrom, or upon the stipulation of such parties, and it shall include, in addition to the requirements of Code of Civil Procedure section 1268.030, a copy of the final judgment and an acknowledgment of receipt by the affected defendant(s) of the amount specified in the final judgment, or other evidence satisfactory to the court that the judgment has been satisfied.

Applies to

Adr information packet

Attorneys must give clients the court’s ADR information packet as early as possible and before the initial case-management conference.

Attorneys shall provide their clients with a copy of San Joaquin Superior Court ADR Information packet at the earliest available opportunity and prior to the initial Case Management Conference.

Applies to

Notice of settlement

When a case set for judicial arbitration or court mediation settles, the plaintiff must immediately serve and file a notice of settlement or other disposition.

If a case that has been set for judicial arbitration or court mediation settles, plaintiff must immediately serve a copy of written Notice of Settlement or other disposition on the ADR neutral provider appointed in the case and file the Notice of Settlement with the court.

Applies to

Application for entry of judgment on sister state judgment

A party filing an application for entry of judgment on a sister-state judgment must also submit the court’s clerk’s judgment form or another judgment consistent with CCP 1710.5.

Upon the filing of an Application for Entry of Judgment on a Sister-State Judgment pursuant to CCP 1710.15, the filing party shall also submit to the Clerk of the Court a “Clerk’s Judgment on Sister-State Judgment” form (San Joaquin Superior Court local form 87-adopted for optional use), or other Judgment consistent with CCP 1710.5.

Applies to

Ex parte application

Any ex parte application must include and serve Local Form SJPR/MH-008, Notice of Ex Parte Request, unless otherwise stated.

“Notice of Ex Parte Request” Local Form SJPR/MH-008 shall be filed and served with any ex parte application, unless otherwise stated.

Applies to

Ex parte application

An ex parte application must comply with California Rules of Court 3.1200 through 3.1206 and include a declaration making the required affirmative factual showing.

The Probate Court will not entertain any ex parte application that does not comply with California Rules of Court 3.1200 through 3.1206, and is not accompanied by a declaration that makes "an affirmative factual showing… containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte." California Rule of Court 3.1202(c).

Applies to

Ex parte application

Unless an exception applies, an ex parte application must be supported by a sworn written declaration concerning notice to the adverse party or attorney and the grounds for not providing notice.

Except as provided in this rule and Rule 3.1204 of the California Rules of Court, no application for an order shall be made ex parte unless the applicant shows by written declaration under oath either that a reasonable effort has been made to give notice to the adverse party or attorney, that notice would be inappropriate, impractical, or would result in irreparable injury, or that the order would not result in a significant direct burden or inconvenience to the adverse party.

Applies to

Ex parte application

Local Form SJPR-006 is mandatory for an ex parte notice declaration, with Form SJPR-006A used when needed.

Mandatory Local Form SJPR-006 “DECLARATION RE NOTICE OF EX PARTE APPLICATION must be used and if needed form SJPR-006A “ATTACHMENT TO DECLARATION RE: NOTICE OF EX-PARTE APPLICATION.”

Applies to

Probate petition

A petition addressing heir or devisee relationships must include a chart of lineal descent, and the chart must state when a beneficiary predeceased or post-deceased the testator.

Where any petition calls for the relationship of the heirs or devisees, including but not limited to a Petition for Probate (DE-111), Petition to Determine Succession to Primary Residence (DE-310), an Affidavit re Real Property of Small Value (DE-305) or a petition under Probate Code §850, a chart of lineal descent must be included.

Applies to

Probate petition

A petition listing family members or heirs and their addresses must include proof of death, which may be established by a death certificate, obituary, declaration, or other evidence.

In addition, proof of death is required. Proof of death can be established by, but is not limited to, a death certificate, an obituary, or a declaration.

Applies to

Probate order or judgment

Probate orders and judgments must state their general effect and all matters actually passed on by the court sufficiently for the order to be understood without consulting the petition.

All orders and judgments in probate matters must be completed so that their general effect may be determined without reference to the petition on which they are based.

Applies to

Custom forms or documents

Counsel must prepare California-compliant custom forms or documents when an approved form is not a Mandatory Use Form or does not fit the requested relief.

If a form cannot be used because it is not a “Mandatory Use Form” or otherwise does not comport with the relief requested, counsel must prepare their own forms or documents, which shall comply with California law.

Applies to

Pleading

Must include

caption

Each pleading's caption must state the hearing date, time, and department.

The caption of each pleading shall include the date, time, and the department of the hearing.

Applies to

Pleading

Must include

caption

A pleading must include the trial date in its caption when the matter has been set for trial.

If the matter has been set for trial, the date of the trial shall also be included.

Applies to

Probate petition

A petition seeking an order concerning title to real property must attach copies of all deeds through which the relevant decedent, conservatee, settlor, or other party acquired title.

Any petitioner requesting an order concerning title to real property held in whole or in part by the decedent, conservatee, settlor or other party shall attach to the petition a copy of all deeds by which the decedent, conservatee, settlor or other party acquired title.

Applies to

Probate petition

A petition under Probate Code section 850 et seq. seeking to establish ownership must plead facts establishing the ownership interest and list the persons who must be served.

Whenever a petition is filed under the authority of Probate Code §850, et seq., which seeks to establish the owner of an interest in property, the petition shall plead facts which establish the claimed ownership interest, and list the person(s) to be served pursuant to Probate Code §851, including, but not limited, to the following persons:

Applies to

Probate petition

For each person to be served, the petition's service list must include the person's name, relationship, and address.

The list of persons to be served shall include the individual’s name, relationship and address.

Applies to

Probate petition

The petition must state the form of record title and the character of ownership for all relevant times covered by the petition.

The petition shall set forth the form of record title and character of ownership at all relevant times covered by the petition.

Applies to

Probate petition

When record title is based on a written document, a copy of that document must be filed with the petition.

If the form of record title is based on a written document, a copy of the document shall be filed with the petition.

Applies to

Notice of remote appearance

Must include

proposed order

The Notice of Remote Appearance must include a declaration explaining the reason remote appearance is requested.

Attached to the Notice of Remote Appearance (Judicial Council Form RA-010) must be a declaration as to why remote appearance is being requested.

Applies to

Financial document

Must include

page count

The caption page must be form SJPR-007, state the total number of submitted pages including the cover sheet, and include a fiduciary declaration that the attached documents are originals; if copies are submitted, a declaration explaining why originals are unavailable is required.

B. The caption page for the document must be the mandated local form SJPR-007 “Financial Document(s) Cover Sheet,” and must include a statement regarding the total number of pages (including the cover sheet) submitted and a declaration by the fiduciary under penalty of perjury stating the documents attached are the originals. If original documents cannot be obtained and copies are lodged in lieu of the originals, a declaration setting forth the reason why the originals are not available shall be lodged with the copies.

Applies to

Inventory and appraisal

When a minor, conservatee, or decedent's estate receives an asset as heir or beneficiary of a decedent's estate, the receiving fiduciary must concurrently file a declaration with the Inventory and Appraisal and attach the applicable distribution, succession, or transfer order.

A. When a minor, conservatee, or decedent's estate receives an asset as the heir or beneficiary of a decedent's estate, the guardian, conservator, or personal representative who receives the asset shall file concurrent with the filing of the Inventory and Appraisal a declaration and attach a copy of the Order of Partial or Final Distribution, Spousal or Domestic Partner Property Order, Affidavit re Real Property of Small Value, Order Determining Succession to Real Property, or Affidavit for Collection or Transfer of Personal Property from the decedent's estate.

Applies to

Inventory and appraisal

When a minor or conservatee receives an asset subject to an order under Probate Code section 3600 et seq., the receiving fiduciary must concurrently file a declaration and attach a copy of that order with the Inventory and Appraisal.

B. When a minor or conservatee receives an asset that was the subject of an order under Probate Code 3600 et seq., the guardian or conservator who receives the asset shall file concurrent with the filing of the Inventory and Appraisal a declaration and attach a copy of the order under Probate Code 3600 et seq.

Applies to

Inventory and appraisal

When a minor, conservatee, or decedent's estate receives life-insurance proceeds, the receiving fiduciary must concurrently file a declaration and attach a copy of the insurance check with the Inventory and Appraisal.

C. When a minor, conservatee, or decedent's estate receives proceeds as the beneficiary of a life insurance policy, the guardian, conservator, or personal representative who receives the asset shall file concurrent with the filing of the Inventory and Appraisal a declaration and attach a copy of the check received from the life insurance company.

Applies to

Inventory and appraisal

When a minor, conservatee, or decedent's estate receives an asset from the estate of a deceased conservatee or ward, the receiving fiduciary must concurrently file a declaration and attach the distribution order with the Inventory and Appraisal.

D. When a minor, conservatee, or decedent's estate receives an asset as the heir or beneficiary of a deceased conservatee or ward, the guardian, conservator, or personal representative who receives the asset shall file concurrent with the filing of the Inventory and Appraisal a declaration and attach a copy of the Order that requires distribution of the asset from the estate of the deceased conservatee or ward.

Applies to

Inventory and appraisal

When an Inventory and Appraisal includes property appraised by the fiduciary under the cited Probate Code provisions, the fiduciary must concurrently lodge the required documents as provided in Local Rule 4-121.

E. When a conservator, guardian, or personal representative files an Inventory and Appraisal that includes property to be appraised by the guardian or conservator or personal representative pursuant to Probate Code 2610(a) and/or Probate Code 8901(c) and (d), they shall concurrently lodge in the manner provided in Local Rule 4-121 the following:

Applies to

Inventory and appraisal

An inventory or account statement that is not otherwise readily understandable must be accompanied by a declaration explaining the balance, filed with the lodged documents.

statement and the balance reflected in the inventory or account that is not otherwise readily understandable from the statement shall be explained by a declaration filed with the lodged documents.

Applies to

Inventory and appraisal

A copy of each check must be included with the lodged documents.

For checks, a copy of the check.

Applies to

Preliminary distribution petition

A petition seeking waiver of distribution bond must allege creditor notice, estate solvency, and any good cause supporting waiver, including specified claim and tax conditions.

C. If waiver of bond for any distribution is sought, the petition shall include allegations that: 1. Notice to any known and reasonably ascertainable creditors has been given; 2. The estate is solvent; and 3. The good cause, if any, why bond should not be required, including that time for filing or presenting claims against the estate has expired and that all taxes and uncontested claims have been paid or are sufficiently secured.

Applies to

Application for order approving exclusive listing agreement

An application to approve an exclusive listing agreement must include a completed copy of the proposed written listing as an attachment.

Any application for order approving an exclusive listing agreement with a real estate broker or agent shall include a completed copy of the proposed written listing as an attachment.

Applies to

Preliminary distribution petition

A petition for preliminary distribution may not be granted until the inventory and appraisal has been filed.

A. A petition for preliminary distribution shall not be granted unless the inventory and appraisal has been filed.

Applies to

Preliminary distribution petition

A petition for preliminary distribution must state the property remaining after the proposed distribution and estimate all outstanding liabilities, including specified categories.

B. The petition for preliminary distribution must state: 1. The approximate value of the property remaining in the estate after the proposed distribution. 2. An estimate of the total amount of outstanding liabilities, including but not limited to unpaid taxes, unpaid claims and/or unpaid administration expenses or reimbursements.

Applies to

Petition for final distribution

When estate cash is insufficient to pay requested commissions, fees, costs, or other court-ordered amounts, the petition must identify the source of the funds.

B. If there is insufficient cash available to pay the statutory commissions, attorney fees, court costs, and any other items requested to be ordered by the Court to be paid, the petition must include a statement setting forth the source of the funds for such payment.

Applies to

Partial statutory compensation petition

A petition for partial allowance of statutory compensation before final distribution must contain the stated compensation, work-completion, reserve, and completed-work allegations.

A. A petition requesting partial allowance of statutory compensation, before a petition for final distribution, must contain the following allegations:

Applies to

Declaration

The attorney must submit a declaration attesting to the truth of the allegations and serve notice of both the request and declaration.

B. The attorney shall submit a declaration attesting to the truth of the allegations and serve notice of the request and the declaration.

Applies to

Status report of administration

The status report required by Probate Code section 12200 must be submitted on local form SJPR-201.

The status report required by Probate Code §12200 shall be made on local form Status Report of Administration (SJPR-201).

Applies to

Form of account

When probate income will be paid by a trustee to trust beneficiaries, the account must properly allocate receipts and disbursements between principal and income.

A. When all or any part of the estate is to be distributed to a trustee, and income accumulated during probate is to be paid by the trustee to the trust beneficiaries, the form of account shall properly allocate receipts and disbursements between principal and income.

Applies to

Form of account

The account must segregate income and expenses associated with a specifically devised or bequeathed asset from general estate income and expenses.

B. When a specifically devised or bequeathed asset has earned income and/or incurred expenses during probate administration, the form of account shall segregate such income and/or expenses from the general

Applies to

Spousal property election

A written spousal property election must include a declaration under penalty of perjury acknowledging consideration of specified alternative procedures and the possibility of higher fees.

Any written election under Probate Code § 13502 must include a declaration under penalty of perjury by the electing surviving spouse or registered domestic partner, or by the personal representative, guardian, or conservator of their estate acknowledging the following: 1. That the alternative procedures available pursuant to Probate Code §§ 13540, 13541, 13545, 13600, and 13650 have been considered; and 2. That inclusion of the property in the administration of the decedent’s estate could result in probate fees, personal representative commissions, and attorney fees that are higher than if an alternative procedure was used.

Applies to

Extraordinary compensation petition

Must include

caption

An extraordinary-compensation application will not be considered unless the petition and notice of hearing caption and prayer reference the application.

Application for extraordinary compensation will not be considered unless both the caption and the prayer of the Petition and the Notice of Hearing contain a reference to such application.

Applies to

Extraordinary fees declaration

An extraordinary-fee declaration must be separate from the petition, outline statutory and extraordinary services, and state the required service, date, rate, and hour information, with additional paralegal requirements when applicable.

The requirements of California Rule of Court 7.702 shall be set out in a declaration separate from the petition. The declaration shall outline all services rendered, including both statutory and extraordinary services that were provided. The declaration must: 1. Set forth categories of services rendered; statutory services can be lumped together in a category labeled “Statutory;” 2. Set forth in each category the date and a description of the services rendered; 3. Set forth in each category the hourly rate of each person who performed the services and the hours spent by each of them; and 4. Comply with the requirements set forth in rule 7.703(c) of the California Rules of Court if paralegals are used.

Applies to

Petition to approve account

Mandatory local form SJPR-208 must be used for any petition to approve an account.

Mandatory local form SJPR-208 “REPORT OF PERSONAL REPRESENTATIVE; PETITION FOR FINAL DISTRIBUTION AND FOR PAYMENT OF STATUTORY COMPENSATION AND EXTRAORDINARY COMPENSATION” shall be used for any petition to approve an account

Applies to

Petition for final distribution

A petition for final distribution must contain facts showing each heir's entitlement to the proposed distribution, including information concerning any predeceased children.

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

Applies to

Petition for final distribution

A petition for final distribution must include a schedule showing the proration of fees and costs when applicable.

C. A schedule showing the proration of fees and costs, if applicable.

Applies to

Petition for distribution

A distribution petition proposing distribution under Probate Code sections 3400 through 3402 or section 3410 must meet that statute's requirements.

When distribution is proposed to be made under Probate Code §§ 3400 through 3402 or under § 3410, the Petition for Distribution must meet the requirements of the statute.

Applies to

Distribution decree

A decree distributing property to a conservatee must direct distribution to the estate conservator, who must sign the distributee's receipt in that capacity.

A decree ordering distribution to a conservatee shall provide that the property be distributed to the conservator of the estate. The conservator of the estate shall sign the distributee’s receipt identified as the conservator of the estate for the distributee.

Applies to

Petition for distribution

Distribution to an existing trust requires a filed, acknowledged statement from the trustee accepting the property under the trust; absent that statement, a declination to act must be filed and should be accompanied by a petition seeking appointment of a substitute trustee.

If distribution is to be made to a trust already in existence, an acknowledged statement by the trustee accepting the property under the terms of the trust must be filed with the petition for distribution. Lacking this, a declination to act must be filed, in which case it should be accompanied by a petition by the personal representative for the appointment of a substitute trustee.

Applies to

Distribution decree

A decree distributing to a testamentary trust must state the trust's terms and the trustee's powers in full rather than merely incorporating them by reference; when appropriate, it should paraphrase the Will to replace “my” with “the decedent's.”

If distribution is to be made to a testamentary trust set up by the decedent’s Will, the terms of the trust and the powers of the trustee must be set out in full in the decree of distribution, and not merely incorporated by reference. When appropriate, the language of the Will should be paraphrased in the decree to eliminate references to “my” and to substitute “the decedent’s”.

Applies to

Petition for distribution

A distribution based on an assignment of interest requires the assignment to be filed, any consideration details to be stated in the petition, and the assignment to be notarized.

If distribution is to be made pursuant to an assignment of interest, the assignment must be filed and the details of the consideration, if any, set forth in the petition. The assignment must be acknowledged before a notary public.

Applies to

Petition for distribution

When distribution is sought by agreement rather than under the Will or intestate succession law, the petition should allege that fact and a notarized written agreement signed by all distributees must be filed.

If the distribution is sought other than as provided by the Will or by the laws of intestate succession, that fact should be alleged, and a written agreement must be filed signed by all distributees and acknowledged before a notary public.

Applies to

Petition for distribution

A minor or conservatee must have the distribution agreement signed by their appointed legal representative; a fiduciary's agreement must be supported by court approval with the distribution petition or a separate approval petition, or may be jointly noticed for hearing with the distribution petition.

If a distributee is a minor or conservatee, the agreement must be signed by that party’s appointed legal representative. Court approval of a fiduciary’s agreement must be provided with the distribution petition or a petition for approval or the agreement may be noticed for hearing together with the petition for distribution.

Applies to

Order on report of personal representative and petition for final distribution

Local Form SJPR-208A is identified as mandatory for the report of the personal representative, petition for final distribution, and related statutory payment request.

E. Mandatory Local Form SJPR-208A “ORDER ON REPORT OF PERSONAL REPRESENTATIVE; PETITION FOR FINAL DISTRIBUTION AND FOR PAYMENT OF STATUTORY

Applies to

Petition for final distribution

Any petition for final distribution must use the specified “COMPENSATION AND EXTRAORDINARY COMPENSATION” language.

COMPENSATION AND EXTRAORDINARY COMPENSATION” shall be used with any petition for final distribution.

Applies to

Waiver of account

A person waiving an account under Probate Code §10954 must complete and sign mandatory local form SJPR-207.

For any waiver of account presented under Probate Code §10954, the person waiving the account shall complete and sign the mandatory local form SJPR-207 “Waiver of Accounting.”

Applies to

Petition confirming passage of property without administration

A nonadministration petition confirming property passage to a surviving spouse must state the ultimate facts establishing the property’s community character, subject to the specifically devised exception.

In a petition for order confirming the passage of property to the surviving spouse without administration (Probate Code §§ 13650, et seq.), unless specifically devised, the ultimate facts which establish the community character of the property must be stated, including, but not limited to:

Applies to

Petition confirming passage of property without administration

The petition must state the asset-acquisition date and the marriage date.

The date the asset was acquired and the date of the marriage.

Applies to

Petition confirming passage of property without administration

The petition must state how the asset was acquired, such as by purchase, exchange, gift, or inheritance.

The manner in which the asset was acquired, e.g., purchase, exchange, gift, or inheritance.

Applies to

Petition confirming passage of property without administration

For an asset acquired by purchase or exchange, the petition must explain how the consideration was community property.

If acquired by purchase or exchange, how the source of the consideration was community property.

Applies to

Petition confirming passage of property without administration

For an asset acquired by gift or inheritance, the petition must explain how the asset became community property.

If acquired by gift or inheritance, how the asset is now community property, e.g., gift or bequest to both spouses, transmutation agreement, etc.

Applies to

Original will or codicil

The original Will or codicil must be deposited with the court under Probate Code §8200.

An original Will and/or codicil shall be deposited with the Court pursuant to Probate Code § 8200.

Applies to

Petition

When the original Will or codicil is deposited in a foreign jurisdiction, a duly authenticated copy must be attached to the petition.

If the original Will and/or codicil has been deposited with a foreign jurisdiction, a duly authenticated copy of the Will and/or codicil shall be filed as an attachment to the petition.

Applies to

Petition

If the original Will or codicil is lost, a copy or documents stating its terms must be attached to the petition.

If the original Will and/or codicil is lost, a copy of the lost Will and/or codicil, or document(s) setting forth the terms of the lost Will and/or codicil shall be filed as an attachment to the petition.

Applies to

Lost will or codicil attachment

An attachment substituting for a lost original Will or codicil must clearly identify the loss and include a declaration addressing the revocation presumption under Probate Code §6124.

The attachment shall clearly indicate that the original Will and/or codicil is lost, and shall be accompanied by a declaration addressing the presumption of revocation under Probate Code § 6124.

Applies to

Affidavit for real property of small value

An Affidavit for Real Property of Small Value must have one of the listed supporting documents attached.

When an Affidavit for Real Property of Small Value is filed pursuant to Probate Code § 13200, one of the following must be attached to the affidavit:

Applies to

Affidavit for real property of small value

For a testate decedent, the affidavit must be accompanied by mandatory form SJPR-206 identifying testate status and an executed Will copy, with a typed copy required for a holographic Will.

If the decedent died testate, a statement using mandatory local form Declaration in Support of Affidavit re Real Property of Small Value (SJPR-206) identifying that the decedent died testate and an executed copy of the Will; If the Will is holographic, provide a typed copy; or

Applies to

Affidavit for real property of small value

If the decedent died intestate, the statement must use the mandatory local form Declaration in Support of Affidavit re Real Property of Small Value.

If the decedent died intestate, a statement using mandatory local form Declaration in Support of Affidavit re Real Property of Small Value

Applies to

Petition

Must include

caption

A petition seeking other relief that also requests trustee or attorney fees must identify the fee request in its caption and notice of hearing.

If the petition for trustee’s or attorney’s fees is part of a petition seeking other relief, the title of the petition in the caption shall include a reference to the request for fees, and shall also be referenced in the notice of hearing.

Applies to

Trustee fee declaration

A trustee seeking compensation above the presumed reasonable amount must provide a separate declaration detailing facts justifying the request.

A trustee who seeks greater compensation than the presumed reasonable fee set out in the paragraph immediately above, must detail in a separate declaration fact that would justify the request pursuant to section 4-401F below.

Applies to

Attorney fee declaration

An attorney seeking compensation above the presumed reasonable amount must provide a separate declaration detailing facts justifying the request.

An attorney who seeks greater compensation than the presumed reasonable fee set out in the paragraph immediately above, must detail in a separate declaration fact that would justify the request pursuant to section 4-401F below.

Applies to

Fee declaration

An attorney or trustee seeking greater-than-presumed compensation must submit a detailed declaration separate from the petition outlining the requested fees.

An attorney or trustee who seeks greater compensation than the presumed reasonable fees listed in Section C and or E above shall provide a detailed declaration, separate from the petition outlining the requested fees.

Applies to

Fee petition

The fee petition must include California Rules of Court 7.776 information and information similar to CRC 7.702(1)-(6), including separately stated service categories, dates, descriptions, hourly rates, and hours for each service provider.

The petition shall provide the information required in California Rules of Court 7.776 and provide information similar to CRC 7.702(1)-(6), including if more than one category of services was rendered, the services must be separately stated and the date and description of services rendered and the hourly rate of each person who performed the services and the hours spent by each of them.

Applies to

Trustee report

A trustee's report must concisely describe the trust's purposes and how the trustee satisfied them during the accounting period.

A report shall contain: A. A concise reference to the purpose(s) of the trust and how the purpose has been satisfied by the trustee during the period of the account.

Applies to

Trustee report

A trustee's report must include the names and addresses of all present and future beneficiaries.

The names and addresses of the beneficiaries (both present and future interests).

Applies to

Trustee report

A trustee's report must summarize distributions to beneficiaries and, for a special needs trust, explain why the distributions do not disqualify the beneficiary from public benefits.

A brief summary of any distribution(s) made to or for the benefit of the beneficiaries, and, in the case of a special needs trust, a brief summary establishing that the distributions do not disqualify the beneficiary from public benefits.

Applies to

Trustee report

A trustee's report must address the trust's investment objectives and results in relation to its purposes when appropriate.

The investment objectives and results with reference to the purpose(s) of the trust, when appropriate.

Applies to

Special needs trust report

The investment-objectives-and-results paragraph is required for every special needs trust report.

This paragraph is always appropriate and required for a special needs trust.

Applies to

Petition

A petition concerning a Community Resource Allowance or Minimum Monthly Maintenance Needs Allowance must be accompanied by points and authorities establishing the Probate Court's jurisdiction and authority.

The Court will not hear petitions, nor issue orders, regarding “Community Resource Allowance” or “Minimum Monthly Maintenance Needs Allowance” unless such petition is accompanied by points and authorities specifying the jurisdiction and authority of the Probate Court to hear and decide such matters.

Applies to

Guardianship petition

All petitions for probate guardianship must include the completed Confidential Guardianship Questionnaire (SJPR-400), signed under penalty of perjury, and each proposed guardian must sign it.

A. The Confidential Guardianship Questionnaire (SJPR-400) shall be completed, signed under penalty of perjury, and submitted with all petitions for probate guardianship. Each proposed guardian shall sign the Guardianship Questionnaire.

Applies to

Temporary guardianship petition

A petition seeking temporary appointment of a guardian before the regularly noticed hearing must include a declaration explaining the emergency requiring appointment before that hearing.

A. A petition seeking the temporary appointment of a guardian before the regularly noticed hearing shall be accompanied by a declaration explaining the emergency that requires a guardian be appointed before the regularly noticed hearing.

Applies to

Proposed order or letter

Proposed orders and letters in guardianship proceedings must specifically identify the property covered by the limited guardianship.

Proposed orders and letters must specifically identify the property to which the guardianship is limited.

Applies to

Attorney fees payment

Attorney’s fees may not be paid until the required documentation confirming compliance with the compromise-approval order is filed with the court.

Attorney’s fees shall not be paid until a receipt, declaration and/or other documentation required by the Court confirming adherence to the order approving compromise is filed with the Court.

Applies to

Petition

A petition for a settlement involving a single-premium deferred annuity must attach the proposed contract and payment schedule, name the minor’s or disabled person’s estate as contingent beneficiary, and disclose the annuity company’s rating.

An exemplar of the proposed annuity contract and schedule of payments to be made must be attached to the petition. The annuity shall provide that the contingent beneficiary is the minor’s or the disabled person’s estate. The rating of the company issuing the annuity shall be disclosed in the petition.

Applies to

Special needs trust or other trust petition

A petition to establish a special needs trust or other trust must be filed under a separate case number and approved concurrently with or before the minors’ compromise.

The petition to establish the special needs trust or other trust must be filed under a separate case number, for approval concurrently or before the Minors Compromise.

Applies to

Trust approval

Settlement proceeds may not be paid or transmitted to the trustee until the special needs trust or other trust has been approved for establishment.

No payment or transmittal of the proceeds of the settlement agreement or judgment distributable to the minor or person with disability shall be made to the trustee until the special needs trust or other trust has been approved for establishment.

Applies to

Settlement approval order

As a condition of final settlement approval, the order must require the trustee to file an Acceptance of Trust and receipt of funds within 30 days after the order is filed.

The order approving the settlement shall provide, as a condition of final approval of the settlement, that the trustee shall file an Acceptance of Trust and receipt of funds within 30 days of the order being filed.

Applies to

Attachments

Any declaration or supplement attached to or filed separately with the petition must be included in the attachment page count.

Attachments shall include any declaration and/or supplement either attached or filed separate to the Petition or Expedited Petition.

Applies to

Ex parte application

The ex parte application must separately list and describe each additional attachment, state its exact relevance and necessity, and identify its page count.

The ex parte application shall list and describe the requested additional attachments separately, state the exact reasons why each additional attachment is relevant and necessary, and the number of pages in the additional attachment.

Applies to

Court forms

Counsel and self-represented litigants must use the latest Judicial Council-approved printed forms, particularly Mandatory Use Forms.

The Court requires that counsel and self-represented litigants use the latest version of the printed forms approved by the Judicial Council, especially if it is a “Mandatory Use Form”.

Applies to

Order terminating lps conservatorship

On termination of an LPS conservatorship, the public or private conservator, as applicable, must prepare and file the terminating order.

If the LPS conservatorship is terminated, the Public Conservator shall prepare the order terminating the conservatorship and file it with the Court. If the matter involves a private conservator, the private conservator shall prepare the order terminating the conservatorship and file it with the Court.

Applies to

Proposed order

A proposed order granting an LPS conservatorship must state the court-ordered placement level for the conservatee.

Any proposed order submitted that grants a LPS conservatorship shall state the level of placement for the conservatee as ordered by the Court.

Applies to

Riese petition

Must include

proposed order

A Riese petition seeking an involuntary medication order must be accompanied by a proposed order.

The Riese petition seeking an involuntary medication order must be filed with a proposed order.

Applies to

Emergency request

A family-law emergency request must include the Temporary Emergency (Ex Parte) Orders, form FL-305, with the pleadings.

The requesting party must also comply with the notice requirements set forth in California Rules of Court, Rule 5.165 and must include the Temporary Emergency (Ex Parte) Orders (form FL-305) with their pleadings.

Applies to

At issue memorandum

Must include

certificate of service

An at-issue memorandum must include a declaration or proof of service demonstrating compliance with the section.

The at-issue memorandum must include a declaration or proof of service evidencing compliance with this section.

Applies to

Mandatory settlement conference

The parties must participate in a mandatory conference in every case involving property or spousal support issues.

The parties shall participate in a mandatory conference on all cases involving property or spousal support issues.

Applies to

Trial brief

The trial brief must include the information and documents required by Rules of Court, Rule 5.394.

The trial brief shall include: (a) The information and documents required by Rules of Court, Rule 5.394;

Applies to

Ex parte application for videoconference appearance at trial and order

A party requesting a videoconference appearance at trial must file and serve the required application at least 20 days before the matter's initial hearing or trial setting.

The requesting party must file and serve an Ex Parte Application for Videoconference Appearance at Trial and Order (SJ- FL-004) at least twenty (20) days prior to the date the matter is initially set for hearing or trial.

Applies to

Adoption enforcement modification termination application

An application cannot be filed without a declaration describing a good-faith attempt to resolve the dispute.

No application shall be filed unless accompanied by a declaration setting forth the good faith attempt to resolve the dispute.

Applies to

Hearing document

A document required at the hearing must be emailed to familycourtclerks@sjcourts.org in PDF format, with all counsel of record and self-represented parties copied.

In the event the court requires a party/attorney to submit a document at the time of the hearing, the party/attorney must send the document in a .pdf format to the court at familycourtclerks@sjcourts.org, and must copy all counsel of record and self-represented parties on that email.

Applies to

Hearing document

An email submitting a hearing document must state the case name, case number, and hearing date in the subject line and copy the other party or that party’s attorney.

In the event the court requires a party/attorney to submit a document at the time of the hearing, the party/attorney must send the document in a .pdf format to the court at familycourtclerks@sjcourts.org, and must copy all counsel of record and self-represented parties on that email. The case name, number, and hearing date must be stated in the subject line of the email and the other party or their attorney must be copied (cc’d) in the email or the court will not consider the document as it is an ex parte communication.

Applies to

Documentary evidence

The email submitting department #5A documentary evidence must state the case name, case number, and hearing date in the subject line and copy the other party or their attorney.

The case name, number, and hearing date must be stated in the subject line of the email and the other party or their attorney must be copied (cc’d) in the email or the court will not consider the document as it is an ex parte communication.

Applies to

Notice of remote appearance

A party requesting a remote appearance must file and serve Form RA-010 no later than 5 court days before the hearing.

A party may request to appear remotely by filing and serving a Notice of Remote Appearance Form RA-010 with the Court no later than 5 court days before the Small Claims Actions, Unlawful Detainer Cases, Civil Harassment Restraining Orders, or Other Evidentiary Hearings.

Applies to

Email submission

Must include

case number

The email subject line must state the case name, case number, and hearing date.

The case name, number, and hearing date must be stated in the subject line

Applies to

Underage marriage or domestic partnership applicant information form

Form SJ-FL-009 must not be filed with the court and must instead be maintained in a confidential case file.

This form will not be filed with the Court but shall be maintained in a confidential case file in accordance with CRC Rule 5.448(c)(5)(A).

Applies to

Request of minor to marry or establish domestic partnership

A minor requesting marriage or a domestic partnership must submit form SJ-FL-009 when filing the initial request.

In order to properly conduct the interview required under CRC Rule 5.448(c), any minor requesting to marry or establish a domestic partnership must complete and submit the Underage Marriage or Domestic Partnership Applicant Information form, local form number SJ-FL-009, at the time of filing the initial Request of Minor to Marry or Establish a Domestic Partnership.

Applies to

Petition for adoption with contact after adoption

A petition for adoption with post-adoption contact cannot be filed unless court-appointed minor counsel signs the agreement and acknowledges its terms.

A Petition for Adoption with Contact After Adoption shall not be filed unless the agreement contains the signature of court-appointed counsel for the minor acknowledging agreement with the terms.

Applies to

Offer of proof or declaration

When ordered, a witness or declarant must appear for cross-examination, and failure to appear and submit to examination results in striking that witness’s offer of proof or declaration.

On order of the court, a witness or declarant shall appear for cross examination. Upon failure of the declarant to appear and submit to examination, the offer of proof or declaration of that witness shall be stricken.

Applies to

Opposition to remote proceedings

A party opposing remote proceedings may file and serve Form RA-015 no later than 3 court days before the hearing.

In response to notice of remote appearance, any party may file and serve an Opposition to Remote Proceedings Form RA-015 no later than 3 court days before the hearing in question.

Applies to

Notice of record election

A civil-limited-case appellant electing the original trial court file must file and serve a notice of election within the Rule 8.831 record-designation time limits.

An appellant in an appeal in a civil limited case, electing to use the original trial court file as set out in subsection A, must file and serve the notice of election within the same time limits for designation of record set out in California Rules of Court, Rule 8.831.

Applies to

Client complaint form

The Family Law Client Complaint Form is mandatory.

FamLaw Client Complaint Form SJ-FL-002 Mandatory Rev 9/2020

Applies to

Declaration of custodial parent

The Family Law Declaration of Custodial Parent is mandatory.

FamLaw Declaration of Custodial Parent SJ-AD-002 Mandatory Rev 9/2020

Applies to

Declaration re notice of ex parte application

The Family Law Declaration Regarding Notice of an Ex Parte Application is mandatory.

FamLaw Declaration Re Notice of Ex Parte Application SupCt-260 Mandatory 8/2020

Applies to

Ex parte application for remote appearance at hearing and order

The Family Law Ex Parte Application for Remote Appearance at Hearing and Order is mandatory.

FamLaw SJ-FL-005 Mandatory Ex Parte Application for Remote Appearance at Hearing and Order

Applies to

Family centered case resolution conference statement

The Family Centered Case Resolution Conference Statement is mandatory.

FamLaw SJ-FL-011 Conference Statement

Applies to

Underage marriage of domestic partnership application information

The Underage Marriage of Domestic Partnership Application Information form is mandatory.

Underage Marriage of Domestic Partnership Application Information SJ-FL-009 Mandatory 7/2021

Applies to

Request for additional family centered case resolution conference

The Request for an Additional Family-Centered Case Resolution Conference is mandatory.

Request for Additional Family- Centered Case Resolution SJ-FL-012 Mandatory 2/2025

Applies to

Request to drop or continue family centered case resolution conference

The Request to Drop or Continue a Family-Centered Case Resolution Conference is mandatory.

Request to Drop/Continue Family Centered Case Resolution SJ-FL-013 Mandatory 2/2025

Applies to

Confidential conservatorship questionnaire

The Probate Confidential Conservatorship Questionnaire is mandatory.

Probate Confidential Conservatorship Questionnaire SJPR-300 Mandatory Rev 7/2023

Applies to

Guardianship questionnaire

The Probate Guardianship Questionnaire is mandatory.

Probate Guardianship Questionnaire SJPR-400 Mandatory Rev 7/2023

Applies to

Conservatee status report person and estate

The Probate Conservatee Status Report for Person and Estate is mandatory.

Probate Conservatee Status Report – Person & Estate SJPR-302 Mandatory Rev 7/2023

Applies to

Conservatee status report person only

The Probate Conservatee Status Report for Person Only is mandatory.

Probate Conservatee Status Report – Person Only SJPR-301 Mandatory Rev 7/2023

Applies to

Declaration in support of affidavit re real property of small value

The Probate Declaration in Support of an Affidavit Regarding Real Property of Small Value is mandatory.

Probate Declaration in Support of Affidavit re SJPR-206 Mandatory Rev 7/2023 Real Property of Small Value

Applies to

Declaration of due diligence

The Probate Declaration of Due Diligence is mandatory.

Probate Declaration of Due Diligence SJPR-004 Mandatory Rev 7/2023

Applies to

Declaration re notice of ex parte application

The Probate/Mental Health Declaration Regarding Notice of an Ex Parte Application is mandatory.

Probate/Mental Declaration Re Notice of Ex Parte Health Application SJPR-006 Mandatory 1/2024

Applies to

Financial documents cover sheet

The Probate Financial Documents Cover Sheet is mandatory.

Probate Financial Document(s) Cover Sheet SJPR-007 Mandatory 1/2024

Applies to

Memorandum of points and authorities

California case citations should use the official reports and include the decision year, volume, first page, and pertinent page or pages.

Citations to California cases must be by reference to the official reports and should indicate the year of the decision, the volume number, the first page of the case, and the specific page or pages on which the pertinent matters appear.

Applies to

Notice of motion or response

Failure to state the unwillingness to stipulate is deemed a stipulation to admit the transcript into evidence.

Failure to so indicate shall be deemed a stipulation to the admission of the transcript into evidence.

Applies to

Motion

Failure to comply with the identified local rules may result in sanctions, including a monetary fine, refusal to hear the motion, continuance, exclusion of evidence, issue preclusion, or other appropriate relief.

In the event of a failure to comply with 2-101, 2-102,2-102.1, 2-102.2, or 2-103, the court may impose sanctions including a monetary fine, a refusal to hear the motion, continuance, exclusion of evidence, issue preclusion, or any other relief or sanctions the court deems appropriate.

Applies to

Declaration of exemption

An uninsured motorist or eminent-domain case is exempt from the rule when the plaintiff files a Declaration of Exemption using Form Sup. Ct.56.

Uninsured motorist (California Insurance Code Section 11580.2) and eminent domain cases shall be deemed exempt from this rule upon the filing by plaintiff of a Declaration of Exemption (Form Sup. Ct.56).

Applies to

Pleading

For good cause shown, the court may permit a paper to be filed without a parcel number or symbol.

2. Waiver of Requirements - The court may, for good cause shown, order any paper to be filed without a parcel number or symbol.

Applies to

Ex parte application

Probate and Civil Mental Health ex parte applications are non-appearance matters decided on written submissions unless the Court sets a later hearing.

Ex parte applications in Probate and Civil Mental Health are non- appearance matters and are decided on written submissions unless the Court, in its discretion, sets a hearing for a later date.

Applies to

Petition, motion, application, or request

Must include

proposed order

Proposed orders or judgments should be presented to the Clerk’s Office when the related petition, motion, application, or request is filed.

Proposed Orders or Judgments should be presented to the Clerk’s Office with the filing of the petition, motion, application, or request.

Applies to

Financial document

At filing, the fiduciary must submit either a self-addressed stamped envelope for return by mail or an attorney service pick-up slip.

D. To facilitate return of the original document(s), the fiduciary must submit, at the time of filing, a self-addressed stamped envelope for mailing the document(s) or an attorney service pick-up slip.

Applies to

Application for order approving exclusive listing agreement

An application to approve an exclusive real-estate listing agreement may be submitted ex parte as an Order on Matter Not Requiring Hearing under Local Rule 4-106(E).

Such application may be submitted ex parte as an “Order on Matter Not Requiring Hearing” as described in Local Rule 4-106 E.

Applies to

Partial statutory compensation petition

The partial-compensation petition must recite completed work, and ordinarily the final 30 percent of statutory compensation cannot be allowed before approval of the final accounting.

3. A recital of the work actually completed. Ordinarily, the last 30 percent of the statutory compensation will not be allowed prior to the approval of the final accounting

Applies to

Account

When Probate Code section 20111 requires proration, the accompanying account should include a schedule explaining the proration calculation method.

When proration is required by Probate Code § 20111, the accompanying account should include a schedule indicating the method by which the proration has been computed.

Applies to

Petition for final distribution

For a minor's distribution, a guardian of the estate is ordinarily required, and a current certified copy of the guardianship letters should accompany the petition.

When distribution is to be made to a minor a guardian of the estate is ordinarily required and a current certified copy of the letters of guardianship should be attached to the petition.

Applies to

Ex parte application

A petitioner may seek court permission to submit additional attachment pages through an ex parte application with notice to the other parties.

The Petitioner may apply to the Court ex parte with notice of the application to the other parties for permission to submit additional pages.

Applies to

Petition

At the initial filing of a petition, the Clerk’s office must affix the specified assignment notice to the face of the petition.

At the time of the initial filing of the Petition, the Clerk’s office shall affix to the face of the Petition by stamp or other writing, the following notice: “This case has been assigned to Judge in department for all purposes, including trial”.

Applies to

Motion

In misdemeanor cases, other in limine motions may be made orally or in writing after assignment to the trial department.

Any other in limine motions in misdemeanor cases may be made orally or in writing after assignment to the trial department.

Applies to

Post judgment modification

A noticed motion is not required for non-substantive judgment modifications such as jail-report dates, fine due dates, payment methods, or authorization to complete a commitment elsewhere.

Notwithstanding the foregoing, a noticed motion is not required for non-substantive modifications, for example, jail report date, fine due date, manner of fine payment, authorization to complete a commitment in another county.

Applies to

Ex parte application

Ex parte applications for appointment of a guardian ad litem and for final discharge and order are exempt from the stated notice requirements, including Paragraph C.

The following ex parte applications are exempt from the notice requirements of this chapter, as well as from Paragraph C above: 1. Ex parte application for Appointment of Guardian Ad Litem; 2. Ex parte application to Petition for Final Discharge and Order;

Applies to

Notice of hearing

The Court prefers the remote-appearance instructions to be attached to the Notice of Hearing rather than filed separately when possible.

The Court’s preference is that the Instructions and Requirements for Remote Appearance is attached to the Notice of Hearing, rather than filed separately, whenever possible.

Applies to

Ex parte application

An ex parte application for permission to submit additional attachment pages need not include a memorandum of points and authorities.

The ex parte application is not required to have a memorandum of points and authorities.