San Luis Obispo Superior Court Document Filing Requirements

Applies to

Ex parte petition

Must include

proposed order

When specifically bequeathed property is proposed for sale, the specific legatee's consent to the sale must accompany the petition.

If bequeathed, the consent of the specific legatee to the sale must accompany the petition.

Applies to

Answer demurrer or written appearance

A defendant's answer, demurrer, or written appearance must identify the claimed property parcel by number or symbol below the case number.

A defendant's answer, demurrer, or written appearance must 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 him.

Applies to

Complaint

In a multi-parcel eminent domain action, the complaint must identify each property parcel by number or symbol.

In an eminent domain action involving more than one parcel of property, the plaintiff's complaint must set forth, in addition to the matters required by Section 1250.310 of the Code of Civil Procedure, numbers or symbols to identify each of the parcels of the property.

Applies to

Defendant pleading

A defendant claiming multiple parcels must file a copy of the pleading for each claimed parcel.

A defendant who claims more than one parcel of property must file a copy of his pleading for each parcel claimed by him.

Applies to

Exhibits

Exhibits in a foreign language must include a verified English translation.

Exhibits written in a foreign language must be accompanied by a verified English translation.

Applies to

Pleading

A pleading may not incorporate documents filed in another separate action unless it attaches a copy or states the pertinent portion.

No pleading shall incorporate pleadings or other documents or portions thereof that are filed in another separate legal action without attaching a copy or setting forth the pertinent portion in the pleading that incorporates it.

Applies to

Court document

Counsel must state below the caption the date and time of any pertinent pending hearing or trial, or state that no hearing or trial date is set.

It must be the duty of counsel, in all documents presented for filing as part of the official Court file, to indicate the date and time of any pending court trial or hearing to which the documents may be pertinent, or to specify that there is no hearing date or trial date set, directly below the caption describing the nature of the document.

Applies to

Proof of service

A proof of service tied to a particular hearing date must include a face sheet showing the department, hearing date, and time.

When filing a proof of service that pertains to a particular hearing date, a face sheet must be attached that shows the department, hearing date and time.

Applies to

Demurrer

A demurrer must state on its first page the filing date of the pleading to which it is directed.

On the first page, immediately below the case number, and after the information required by California Rules of Court, rule 3.1320(e), the demurrer must state the date of filing of the pleading to which it is directed.

Applies to

Exhibits

Counsel submitting depositions or exhibit packages must state in the caption or on the face page whether the materials should be returned or destroyed after the motion is resolved.

Counsel submitting such documents must indicate in the caption or on the face page if they are to be returned or in the alternative destroyed when the motion has been resolved.

Applies to

Default hearing request

A default hearing required for judgment must be requested using local form CVDF010.

When a default hearing is required for judgment, such as where service is by publication or attorneys’ fees are sought pursuant to contract, such hearing must be requested using the local form, CVDF010.

Applies to

Exhibits

Counsel submitting depositions or exhibit packages must include a postage-prepaid self-addressed return envelope.

Counsel submitting such documents must include a postage prepaid self-addressed envelope with which to return the exhibits.

Applies to

Motion withdrawal request

Only the moving party may withdraw a motion, and the moving party must file local form CV009 with the clerk.

To withdraw a motion from the Court’s law and motion calendar, the moving party shall file a Request to Withdraw Motion (local form CV009). Only the moving party may request to withdraw a motion. Requests to withdraw a motion from the law and motion calendar should be directed to the Clerk’s Office.

Applies to

Law and motion evidence

Law-and-motion evidence generally must be submitted through verified pleadings, affidavits, or declarations; oral evidence requires notice, good cause, and a court order.

All evidence in a law and motion matter must be presented by verified pleadings, affidavits, and declarations unless the court, on notice and for good cause shown, shall order the taking of oral evidence; in which case, the matter may be specially set for hearing by the clerk.

Applies to

Hearing document or response

If the CourtCall request is submitted with the hearing document or response, the first page must include the words “CourtCall Appearance Requested” below the department, date, and hearing time.

When the Request for CourtCall appearance is made at the same time as the filing of the hearing document or response, in addition to the Request for CourtCall appearance form, the words “CourtCall Appearance Requested” must be printed below the department, date, and time of the hearing on the first page of the papers filed with the court.

Applies to

Points and authorities

References to the administrative record in supporting or opposing points and authorities must cite specific record pages.

Any references to the administrative record in either the supporting or opposing points and authorities must include an appropriate reference to a specific page or pages of the record.

Applies to

Order

After the hearing, all orders except those covered by Rules 7.9 and 7.12 must be submitted to the civil division in Room 385.

Except as noted in Rules 7.9 and 7.12, all orders must be submitted to the civil division, Room 385, after the hearing.

Applies to

Discovery motion

Discovery motions under Code of Civil Procedure sections 2030.290, 2031.300, or 2033.280 must be labeled “Discovery – No Initial Responses.”

Any discovery motion filed pursuant to Code of Civil Procedure sections 2030.290, 2031.300, or 2033.280, must be labeled “Discovery – No Initial Responses.”

Applies to

Discovery motion

All other discovery motions must be labeled “Discovery – Other,” with the label placed on the first page below the information required by California Rules of Court rule 3.1110(b).

All other discovery motions must be labeled “Discovery – Other.” The appropriate label must be included on the first page, below the information required by California Rules of Court, rule 3.1110(b).

Applies to

Declaration

Counsel must file a declaration captioned “Request for Temporary Exemption – Uninsured/Underinsured Motorist Case” stating that the plaintiff has uninsured motorist coverage, identifying the insurer and coverage limits, and describing counsel’s adequacy assessment and intended assignment or dismissal of the claim.

When plaintiff’s counsel determines that the defendant is an uninsured/underinsured motorist and that an uninsured/underinsured motorist claim will be made against the plaintiff’s insurer, a declaration captioned “Request for Temporary Exemption – Uninsured/Underinsured Motorist Case” must be filed which sets forth the following: (1) A statement that the plaintiff has uninsured motorist’s coverage; (2) The name of the insurer and the limits of the coverage; and (3) A statement that counsel believes that the limits of coverage are adequate to compensate for known losses or damage, that plaintiff will promptly pursue the remedies provided by the insurance contract and that it is counsel’s intention to assign the claim to the insurer or dismiss the pending action upon conclusion of the uninsured motorist claim.

Applies to

Complaint

The complaint must include, or be served with, the Civil Case Management Policy, Notice of Assignment and Case Management Conference, blank Case Management Statement, and court’s ADR Policy Statement.

The following documents must be attached to the complaint or served at the same time the complaint is served: (1) Civil Case Management Policy; (2) Notice of Assignment and Case Management Conference; (3) A blank Case Management Statement; and (4) The court’s ADR Policy Statement.

Applies to

Cross complaint

A cross complaint naming new parties must be accompanied and served with the four specified case-management and ADR documents.

The following documents must be attached to and served with any cross complaint that names new parties: (1) Civil Case Management Policy Statement; (2) Notice of Case Management Conference; (3) A blank Case Management Statement; and (4) ADR Policy Statement.

Applies to

Notice of motion and motion

Must include

caption, case number

A notice of motion and motion must state the grounds, hearing date, department, hearing time, and anticipated hearing length.

The notice of motion and motion shall state the grounds for the motion and specify the date, department, and time for the hearing as well as an anticipated time estimate for the length of the hearing.

Applies to

Search warrant quash or traverse motion

A motion to quash or traverse a search warrant must attach the search warrant and affidavit, except for portions sealed by court order.

When an accused is seeking to quash or traverse a search warrant, a copy of the search warrant and affidavit must be provided and attached to the moving papers except for any portions of an affidavit that remain sealed by order of the court.

Applies to

Penal code section 1538 5 motion

A Penal Code section 1538.5 motion filed after the information in a felony case or complaint in a misdemeanor case must have moving papers complying with Rule 10.07(b).

If a Penal Code section 1538.5 motion is made after an information is filed on a felony case or after the filing of a complaint on a misdemeanor case , all moving papers must comply with Rule 10.07(b).

Applies to

Penal code section 1538 5 suppression motion

A written noticed Penal Code section 1538.5 suppression motion must identify the evidence, state the suppression theories, cite supporting authority, and set forth supporting facts.

A written noticed motion pursuant to Penal Code section 1538.5 must specifically describe and list the evidence which is the subject of the motion to suppress; and must specifically state the theory or theories which must be relied upon and urged for the suppression of the evidence; and cite the specific authority or authorities which will be offered in support of the theory or theories and must set forth a statement of facts upon which such theories is based upon which suppression of the evidence is urged in accordance with Penal Code section 1538.5, subdivision (a)(2).

Applies to

Supporting declaration for order shortening time

A declaration supporting a request to shorten time must state good cause and facts about notice and positions of opposing counsel, co-counsel, and co-defendant counsel.

The declaration in support of the request for an order shortening time must set forth good cause and must state facts concerning notice to, and the position of, opposing counsel, co-counsel, and counsel for co-defendants.

Applies to

Subpoena materials

Materials received directly from a subpoenaed party must be immediately lodged with the court clerk.

In the event materials that are the subject of a subpoena are received by a party, an attorney, or an attorney’s agent or investigator directly from the subpoenaed party, the person receiving such materials must immediately lodge such materials with the Clerk of the Court.

Applies to

Petition for dismissal

Judicial Council forms CR180 and CR181 are required for misdemeanor and infraction dismissal petitions.

Judicial Council forms CR180 and CR181 are required.

Applies to

Motion

A formal motion placing a felony dismissal matter on calendar is required.

A formal motion placing the matter on calendar is required on Penal Code Section 17(b), 1203.4, 1203.4(a), 1203.41, 1203.43, 1203.49 requests.

Applies to

Order for dismissal

The CR181 Order for Dismissal must be submitted when filing the motion or at the motion court date.

The CR181 Order for Dismissal must be submitted at the time of filing or at the motion court date.

Applies to

Motion papers

Probate motion papers must include points and authorities beyond merely citing a Probate Code jurisdictional provision that supports or opposes the requested relief.

Particular attention should be paid to the Rules regarding times for filing and service of motion papers (Rule 3.1300) and the necessity of filing points and authorities beyond citation of a jurisdictional provision of the Probate Code (i.e. sections 850 and 17200, etc.) that supports (or opposes) the Petitioner's requested relief. (California Rule of Court 3.1113).

Applies to

Subsequent paper

Each subsequent paper must include “Probate Code Sec. 10400” in its title to qualify for an Independent Administration of Estates Act filing-fee waiver.

The words "Probate Code Sec. 10400" must be inserted in title of each subsequent paper to qualify for fee waiver under Independent Administration of Estates Act. (Government Code Sec. 26827.4.)

Applies to

Probate filing

The current Judicial Council mandatory form must be used whenever one has been adopted for the document being filed.

If a petition, order or other document to be filed is one for which the Judicial Council has adopted a mandatory form, the current form must be used.

Applies to

Hearing document

Every first page of a document relating to a matter set for hearing must state the hearing date, time, and department immediately below the case number, or the document will be rejected for filing.

The date, time and department of the hearing must be placed immediately below the case number on the first page of every document filed which relates to a matter set for hearing. Documents which do not conform with this rule will be rejected for filing.

Applies to

Ex parte petition

Except for specified pro forma matters, the Probate Court will not entertain an ex parte petition unless it complies with California Rules of Court 3.1200 through 3.1206 and includes the required declaration making an affirmative factual showing based on personal knowledge of irreparable harm, immediate danger, or another statutory basis for ex parte relief.

With the exception of a few pro forma matters that do not require a personal appearance by counsel (Order Appointing Court Investigator (GC-330), Ex Parte Order Regarding Completion of Capacity Declaration-HIPAA (GC-335), Ex Parte Application for an Order to Increase Bond (California Rules of Court 7.204 and 7.207) and the exceptions contained in California Rule of Court 3.1207), the Probate Court will not entertain any ex parte petition 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 petition

Ex parte petitions for appointment of a conservator or guardian require five days' notice unless the petitioner demonstrates irreparable harm or immediate danger and good cause for waiving the notice requirement.

The court will not entertain ex parte petitions for appointment of any conservator or a guardian unless the required five (5) days notice has been given (Probate Code sections 2250(e) and 2250.2 through 2250.6), or the petitioner has shown both irreparable harm or immediate danger, and "good cause" for waiving the notice requirements.

Applies to

Declaration of Due Diligence

A request to waive or shorten a Probate Code notice period must include a Declaration of Due Diligence identifying the notice provision, describing notice efforts or why notice was impossible, and explaining good cause for the requested waiver or shortening.

Counsel requesting the waiver or shortening of any notice time periods prescribed by the Probate Code must submit a Declaration of Due Diligence to the Court citing the specific notice provision at issue, setting forth facts relating to the efforts to give such notice, or facts supporting the conclusion that it was impossible to give such notice; and explaining the "good cause" for waiving or shortening the time.

Applies to

Ex parte petition

An ex parte order requires a verified petition, 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 petition (or a sworn declaration where applicable) containing facts and law to justify granting the requested relief.

Applies to

Financial institution statement

Original financial statements must be filed with the court when required under the Probate Code and will not be returned unless the court orders otherwise.

The filing of original financial statements is required where necessary under the Probate Code. Original statements must be filed with the Court and will not be returned to the parties, unless otherwise ordered.

Applies to

Reconciliation declaration

If the financial institution account statement balance differs from the schedule of property on hand, the petitioner must file a reconciliation declaration explaining the discrepancy.

Petitioner must file a reconciliation declaration when the reported balance on the financial institution account statement is not the same as stated in the schedule of property on hand. The declaration must explain the reason for the discrepancy between the balances listed.

Applies to

Notice

The petitioner or petitioner's attorney must prepare required notices and provide the original and one copy to the Clerk.

The petitioner or the petitioner's attorney must prepare all notices required to be published and must provide the same by original and one (1) copy to the Clerk.

Applies to

Notice

The moving party must prepare and submit to the Clerk the number of notice copies the Clerk must post.

The moving party must prepare and submit to the Clerk as many copies of the notice as the Clerk is required to post.

Applies to

Notice

The moving party must provide a blank proof-of-posting form and a written posting request attached to the notice.

The moving party must provide a blank proof of posting form with the notice for the Clerk and notify the Clerk, in a writing attached to the notice, that posting is requested.

Applies to

Declination to act

An executor who declines to act must file a written and signed declination unless evidence shows incompetence or refusal to act.

his written and signed declination to act must be filed with the Court unless evidence is produced that he is incompetent or refuses to act.

Applies to

Consent to act

A consent to act signed by each non-petitioning person for whom letters are sought must be filed with the Court.

a consent to act, signed by each non-petitioning person for whom letters is sought, must be filed with the Court.

Applies to

Petition for letters

The petition for letters must list each known or reasonably ascertainable heir and state the heir's name, age, address, and relationship to the decedent.

Each heir of the decedent, so far as known to or reasonably ascertainable by the petitioner, (including those who might be heirs by virtue of Probate Code Secs. 21114, 21115 and 6400 et seq.), setting forth their names, age addresses and relationships to the decedent.

Applies to

Petition for letters

The petition for letters must list each devisee and executor named in a will offered for probate, even if the gift or appointment appears revoked.

Each devisee and executor named in any will being offered for probate even if the gift to such person or the appointment of such executor has apparently been revoked.

Applies to

Petition for letters

The petition for letters must list trust beneficiaries, a trust's trustee, a guardian nominated in a will, and any other known trustee or guardian.

Trust beneficiaries, the trustee of a trust or guardian nominated in a will, and any other known trustee or guardian.

Applies to

Petition for letters

If the decedent left no spouse or issue, the petition must list the heirs of a predeceased spouse who would inherit under Probate Code section 6400 et seq.

If the decedent left no spouse or issue, the heirs of a predeceased spouse who would inherit as provided by Probate Code § 6400 et seq.

Applies to

Petition for letters

The petition for letters must state the date of death for any identified individual who is deceased.

If an individual identified in the petition for letters is deceased, the petition must set forth the date of death of that individual.

Applies to

Petition for letters

An attested copy of the will must be attached to the petition for letters when the petition is filed.

A petition for letters must have an attested copy of the will attached at the time of filing the petition.

Applies to

Petition for letters

The original will must be submitted when the petition for letters is filed unless it has already been lodged with the Court for safekeeping.

The original will must be submitted at the time of filing unless previously lodged with the Court for safekeeping.

Applies to

Petition for letters

For a holographic will, both a photocopy and a typewritten copy must be attached to the petition in addition to the other required will submission.

If the will is holographic, in addition to a photocopy, a typewritten copy of the will must also be attached to the petition.

Applies to

Proof of subscribing witness

If a witnessed will or codicil is not self-proving, the moving party must file a Proof of Subscribing Witness with a copy of the will or codicil attached.

Otherwise, if the will or codicil is witnessed, the moving party must file a Proof of Subscribing Witness with a copy of the will or codicil attached.

Applies to

Proof of deposit

Before filing a reduced bond, the moving party must obtain and file with the Clerk proof that deposited securities or money may be removed only by court order.

The moving party must obtain a proof of deposit confirming that the deposit of securities and/or money subject to removal from the depository is allowed only upon order of the Court. Such proof must be filed with the Clerk before the reduced bond is filed.

Applies to

Duties and liabilities of personal representative form

Before letters issue, the personal representative must file the original signed Duties and Liabilities of Personal Representative form, except for a trust company or public administrator.

Before letters are issued, the original form, signed by the personal representative stating that he or she had received and read the same, must be filed with the Court by the personal representative, other than a trust company or a public administrator Probate Code Sec. 8404.

Applies to

Foreign will probate petition

A foreign-will probate petition must attach certified copies of the will and the order or decree admitting it to probate outside the jurisdiction.

A petition to probate a foreign will must have attached a certified copy of the will and a certified copy of the order or decree admitting the will to probate outside this jurisdiction.

Applies to

Certified copies of foreign admitted will

For a will admitted to probate in a foreign country, the required copies must be certified under Evidence Code section 1530.

If the will has been admitted to probate in a foreign country, the copies must be certified in the manner set forth in Sec. 1530 of the Evidence Code.

Applies to

Petition for instructions

Must include

proposed order

A Petition for Instructions must include a proposed order stating the requested instructions clearly and explicitly.

The petition must be accompanied by a proposed order which set forth the instructions in clear and explicit language.

Applies to

Family allowance petition

When someone other than the personal representative seeks an allowance, the petition must include either the personal representative's signed consent to the allowance or a signed waiver of notice.

(5) If the petitioner is someone other than the personal representative, the petition must be accompanied by either a consent to the allowance or a waiver of notice signed by the personal representative.

Applies to

Spousal property transaction petition

A spousal property transaction petition must include a licensed physician's or licensed psychologist's declaration regarding the nonpetitioning spouse's capacity.

The petition must be supported by a declaration of a licensed physician or licensed psychologist within the scope of his or her licensure as to the capacity of the non- petitioning spouse (§810 et seq.).

Applies to

Medi Cal asset transfer petition

A Medi-Cal-related asset-transfer petition must include schedules with the administrative-hearing calculations for any Community Spouse Resource Allowance or Minimum Monthly Maintenance Needs Allowance at issue.

In petitions to transfer assets, related to Medi-Cal eligibility, the petitioner shall provide the court with schedules showing such calculations as would be required in an administrative hearing to the extent that the Community Spouse Resource Allowance or the Minimum Monthly Maintenance Needs Allowance would be in issue.

Applies to

Order

A delayed order must recite the hearing date, time, and department in its caption and first paragraph.

and must include in the caption and in the first paragraph a recitation of the date, time and department of the hearing.

Applies to

Order

Must include

proposed order

A form Order Dispensing with Notice or Order Prescribing Notice must be submitted before the petition is filed.

A form Order Dispensing with Notice (GC-021) or an Order Prescribing Notice (GC-022) must be submitted to the Court before the petition is filed.

Applies to

Claim

Claims must be submitted using the Judicial Council-approved form.

Claims must be submitted on the form approved by the Judicial Council.

Applies to

Petition to confirm sale

A petition to confirm a real-property sale must use the Judicial Council-approved form.

Petitions to confirm sales of real property must be on the Judicial Council approved forms.

Applies to

Report of status of administration

Must include

statement of facts

A status-of-administration report must describe the estate's condition, explain why it cannot yet be closed, and estimate the remaining closing time.

If a report is filed, it must show the condition of the estate, the reasons why the estate cannot be distributed and closed, and an estimate of the time needed to close administration of the estate.

Applies to

Petition for preliminary and final distribution

A preliminary or final distribution petition must fully describe all assets on hand, including the legal description and common address of real property, in the petition or an incorporated attached schedule.

(a) A full and complete description of all assets on hand, including the legal description and common address of real property. The descriptions may either be set forth in the body of the petition, or by an attached schedule incorporated by reference.

Applies to

Petition for preliminary and final distribution

When property character may affect distribution, the petition must allege whether the property is separate or community property.

(b) An allegation as to the character of the property, whether separate or community, in all cases where its character may affect distribution.

Applies to

Petition for preliminary and final distribution

The petition must specifically establish each recipient's entitlement, address predeceased children, and, for intestate estates, list the heirs rather than rely on a general allegation.

(c) Facts specifically showing the entitlement of each recipient to the portion of the estate to be distributed to him or her. This must also include information concerning predeceased children and in the case of intestate succession, a list of heirs to permit the Court to determine if the laws of intestate succession have been properly applied. A general allegation that the estate is to be distributed in accordance with the terms of the will is not sufficient.

Applies to

Petition for preliminary and final distribution

The petition must identify each distributee and whether the person is an adult or minor; for a minor, it must provide age, birth date, and an identified guardian, trustee, custodian, or parent.

(d) The name of each distributee. State whether the distributee is an adult or minor. If the distributee is a minor, the age and date of birth must also be listed and a guardian, trustee, custodian or parent identified.

Applies to

Petition for preliminary and final distribution

The petition must compute the requested attorney fees and personal-representative commissions or state that the compensation is waived.

(e) A computation of attorney’s fees and personal representative’s commissions requested, or a statement of the waiver of such compensation.

Applies to

Petition for preliminary and final distribution

The petition must disclose whether any family or affiliate relationship existed between the fiduciary and an agent hired during the account period.

(f) An allegation disclosing the existence or non-existence of any family or affiliate relationship between the fiduciary and any agent hired by the fiduciary during the account period as required by Probate Code §1064(a)(4).

Applies to

Petition for final distribution

A final-distribution petition must include a claims schedule with claim, presentation, allowance, payment, and rejection information, including identification of any known suit on a rejected claim.

(1) A schedule of claims showing the name of the claimant, the amount claimed, the date presented, the date allowed, the date paid if the claim has been paid and the amount paid. If any claim has been rejected, the date of service of notice of rejection of claim, if such notice was given, must be stated; and any known suit on the rejected claim must be identified.

Applies to

Petition for final distribution

A final-distribution petition must itemize costs unless the final accounting already does so.

(2) An itemization of costs unless itemized in the final accounting.

Applies to

Petition for final distribution

A final-distribution petition must state the status of the federal estate tax and, when proration applies, the accompanying account should show the proration method.

(3) A statement that the federal estate tax has been paid, or that the estate is too small to require payment of tax, or that installment payments have been provided for under IRS 6166. When proration of the federal estate tax is applicable, the accompanying account should include a schedule indicating the method by which the proration has been computed.

Applies to

Petition for final distribution

A final-distribution petition must make the prescribed statement concerning Probate Code section 9202 health care and any related Director of Health Services claim.

(4) A statement that decedent had not received health care under provisions set forth in Probate Code Sec. 9202 ; or a statement that (1) decedent had received such health care, (2) notice of decedent's death was given to the Director of Health Services in the manner and within the time required by Probate Code Sec. 9202, and (3) more than 4 months have elapsed since said notice was given, and that either no claim was filed by the Director during that period, or that the claim which the Director full and a dismissal of claim is on file.

Applies to

Petition for final distribution

If administration interest or income is distributable, a final-distribution petition must state the amount due and explain its calculation.

(5) If interest or income accruing during administration is distributable pursuant to Probate Code Sec. 12000 et seq., a statement of the amount due and the method of calculation. See Rule 11.902.

Applies to

Petition for distribution

A petition for distribution to a trust must include the trustee's statement of willingness to accept the property; if that statement is absent, a declination to act must be filed and should be accompanied by a petition seeking appointment of a substitute trustee.

If a distribution is to made to a trust, a statement by the trustee of trustee's willingness to accept 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

Petition for distribution

When a will creates a trust to receive an estate distribution, the will's trust provisions must be set forth as required by California Rule of Court 7.650.

If the will provides for distribution of the estate, or portion thereof, to a trust created by the will, the trust provisions set forth in the will must be set forth as required under California Rule of Court 7.650.

Applies to

Petition for distribution

A distribution differing from the will or intestacy laws should be alleged, and a notarized written agreement signed by all involved distributees must be filed.

If the distributees seek distribution in a manner other than that provided by the will or by the laws of intestate succession, that fact should be alleged, and a written agreement (signed by all involved distributees with signatures acknowledged before a notary public) must be filed.

Applies to

Final discharge

A request for final discharge of a personal representative must include all distributee receipts, a discharge affidavit signed by the personal representative, and the required order of discharge.

To obtain a final discharge for the personal representative, the following documents must be presented to the Clerk: all receipts of distributees, an affidavit for final discharge signed by the personal representative and an order of discharge obtained pursuant to the provisions of Probate Code Sec. 12250 or Sec. 12251.

Applies to

Petition to establish fact of death

A verified petition to establish a person's death must be filed in the deceased person's name.

(a) A verified petition to establish the fact of death must be filed in the name of the deceased person. Probate Code Secs. 200 - 204.

Applies to

Petition to establish fact of death

Must include

proposed order

An ex parte death-order petition must include an affidavit stating that the petitioner knows of no opposition or contest and a proposed order; filings lacking those documents must be set for hearing.

(b) The order can be obtained ex parte if the petition is accompanied by: (1) An affidavit by petitioner that petitioner has no reason to believe that there is any opposition to, or contest of the petition; (2) The proposed order. Filings not accompanied by these documents must be set for hearing.

Applies to

Petition to establish fact of death

A fact-of-death petition must not request attorney fees, and any such request will be disallowed.

(c) There is no provision in the code for attorneys’ fees in proceedings to establish fact of death. No request for attorney fees must be included in the petition, and if so included, will be disallowed.

Applies to

Petition for distribution

A petition for distribution must include a schedule of claims with the specified claimant and claim information.

In any petition for distribution, a schedule of claims must be included as part of the petition, the name of the claimant, the amount claimed, the date presented, the date allowed, the date paid if the claim has been paid and the amount paid must be set forth.

Applies to

Petition for distribution

A petition seeking preliminary distribution must state sufficient facts for the court to determine that the estate is solvent.

Although preliminary distribution may be made without accounting, sufficient facts must be set forth in the petition to allow the Court to ascertain that the estate is solvent.

Applies to

Petition for distribution

Must include

certificate of service

In any petition for distribution, the petitioner must describe with particularity all independent acts taken without prior Court approval and allege that the 15-day notice of proposed action, attached notice, and proof of service must be filed with the Court.

In any petition for distribution, all independent acts taken without prior Court approval must be set forth and described with particularity, and an allegation made that the 15-day notice of proposed action with attached notice of proposed action and proof of service must be filed with the Court.

Applies to

Trust petition

A copy of the trust must be attached to the petition and should not be filed as a separate exhibit.

A copy of the trust must be an attachment to a Petition under Probate Code Sec. 17200 et seq. and should not be filed as a separate exhibit.

Applies to

General guardian appointment petition

A general-guardian appointment petition must be filed on Judicial Council form GC-210 with complete information.

A petition for appointment of a general guardian of the person or estate of a minor or minors must be filed on Judicial council form GC-210, and the information on the form must be complete.

Applies to

Temporary guardian appointment petition

A request for appointment as temporary guardian requires a separate petition on Judicial Council form GC-110.

If the petitioner also wishes to be appointed a temporary guardian, a petition for appointment of temporary guardian must also be filed on Judicial Council form GC-110.

Applies to

Temporary guardianship petition

Must include

certificate of service

An ex parte temporary-guardianship hearing requires satisfaction of the stated rules and filing of an original and one copy with proof of service or a due-diligence declaration explaining the notice exception.

A petition for temporary guardianship will be heard ex parte only if the petitioner satisfies the requirements of California Rule of Court 7.1012 and Local Rule 11.113, and the following documents have been filed (an original and one copy) with the above petitions: (1) proof of service in compliance with Probate Code § 2250(e)(1), or a Declaration of Due Diligence explaining why an exception to the notice requirement "is necessary to protect

Applies to

Conservator petition

Must include

local rule certificate

A conservator appointment petition must be filed on complete form GC-310, and a temporary-conservator petition must also be filed on form GC-111 when temporary appointment is sought.

A petition for appointment of a conservator of the person or estate must be filed on Judicial Council form GC-310, and the form must be complete. If the petitioner also wishes to be appointed a temporary conservator, a petition for appointment of temporary conservator must also be filed on Judicial Council form GC-111.

Applies to

Temporary conservatorship petition

Must include

certificate of service

A petitioner seeking an ex parte hearing on a temporary conservatorship petition must satisfy Local Rule 11.113 and file an original and copy of each listed document with the petition.

A petition for temporary conservatorship will be heard ex parte only if petitioner satisfies the requirements of Local Rule 11.113, and the following documents have been filed (an original and a copy) with the above petitions: (1) proof of service in compliance with Probate Code Sec. 2250(e)(2), or a showing that an exception is necessary “to protect the proposed conservatee or his or her estate from immediate or substantial harm” California Rule of Court 7.1062); (2) a Declaration Supporting a Good Cause Exception to Notice, in the form prescribed by California Rule of Court 7.1062(e); (3) Confidential Conservator Screening form (GC-312); (4) Confidential Supplemental Information form (GC-312); (5) a completed Order Appointing Court Investigator (GC-330) for the Judge’s signature; (6) an Ex Parte Application for Order Authorizing Completion of Capacity Declaration (GC- 334); (7) a Citation for Conservatorship (GC-320); (8) a Citation (GC-320); (9) a Notice of Conservatee’s Rights (GC-341), with the required attachment (GC-341(MA)); (10) a Duties of Conservator form (GC-348) signed by the proposed conservator; (11) a completed Order Appointing a Temporary Guardian or Conservator (GC-140) for the Judges’ signature; and (12) a completed Letters of Temporary Conservatorship (GC-150).

Applies to

Petition for support expenditure

A petition seeking authority to spend guardianship funds for a minor’s support must include a detailed explanation of the parent’s inability to support the child and financial statements if necessary.

A petition for authority to expend funds for support must be accompanied by a detailed explanation (including financial statements, if necessary) of the parent's inability to support the child.

Applies to

Letters of conservatorship

The Clerk will not issue temporary or permanent Letters of Conservatorship until the required conservator form and applicable bond or blocked-account documents have been filed.

No Letters of Conservatorship (temporary or permanent) will be issued by the Clerk until the following have been filed: (1) a completed Duties of Conservator and Acknowledgment of Receipt of Handbook form (GC-348); (2) an adequate bond under Probate Code § 2320 and California Rule of Court 7.207 (if a conservatorship of the estate is involved); and/or an order to Deposit Money into Blocked Account (MC-355) and a Receipt and Acknowledgement of Order for the Deposit of Money into Blocked Account (MC-356), signed by the appropriate officer of the financial institution.

Applies to

Capacity declaration

A request for an order concerning dementia powers requires a complete and satisfactory Capacity Declaration with the Dementia Attachment.

No order will be granted under Probate Code § 1880 until the petitioner has filed a complete and satisfactory Capacity Declaration (GC-335) with the Dementia Attachment (GC- 335A), if dementia powers are requested.

Applies to

Private professional appointment

Appointment of a private professional conservator, guardian, or trustee requires the specified statutory and rule compliance and both required declarations.

The court may not appoint a private professional conservator, guardian or trustee unless that person has fully complied with all of the requirements of Probate Code Sec. 2340 (as effective July 1, 2008) and California Rules of Court 7.1010 and 7.1060, and the professional has filed the required Declaration of Private Professional Guardian – Guardians (GC-005) and Declaration of Private Professional Conservator or Guardian – Continuing Education (GC-006).

Applies to

Notice of hearing

Notice of guardianship hearings must use Judicial Council form GC-020 and include the required proof of personal service for persons requiring personal service.

Notice of all hearings must be provided on Judicial Council form GC-020, along with the required Proof of Personal Service (GC-020(P)) for all persons who must be personally served in guardianships under Probate Code Secs. 1511(a) and (b).

Applies to

Order

Any additional powers granted to a guardian or conservator must be stated fully in both the order and the letters.

Any powers so granted must be set forth at length in the order and in the letters.

Applies to

Order for final discharge

An order for final discharge must be accompanied by a guardian's or conservator's affidavit confirming distribution, delivery of assets, receipts on file, and completion of required acts.

Each order for final discharge submitted to the Court for approval must be accompanied by an affidavit of the guardian or conservator stating that distribution has been made of all property and assets of the estate in accordance with the order for distribution, that all money, stocks, bonds, and other personal property have been delivered to the distributees as ordered by the Court, that receipts of the distributees are on file, and that all acts lawfully required of him, in his representative capacity, have been performed.

Applies to

Court investigator report

After a petition to terminate a guardianship or conservatorship is filed, the Court Investigator must submit a report describing the circumstances and any recommendations.

Upon the filing of a petition to terminate any guardianship or conservatorship, the Court Investigator must make a report to the Court concerning the circumstances of the termination and his recommendations, if any.

Applies to

Special needs trust

A special needs trust submitted for court approval must include every provision required by California Rule of Court 7.903(c).

In particular, the form of the special needs trust that is proffered to the court for approval must contain all of the provisions set out in California Rule of Court 7.903(c).

Applies to

Special needs trust accounting

Special needs trusts must file accountings in the form and at the frequency required by Probate Code sections 3620 and 1060-1064.

Special needs trusts are required to file accountings in the form and frequency required by Probate Code §§ 3620 and 1060-1064.

Applies to

Conservatorship petition

An initial, competing, or subsequent conservatorship petition must include Judicial Council Forms GC-314 and GC-330 before the Civil Clerk will accept it for filing.

In an effort to provide the investigations by the appropriate entity in a timely manner for hearings with every initial Petition for Probate Conservatorship of the person and/or estate or Petition for Guardianship of the person and/or estate, the petitioner must concurrently file the following documents listed below under subsections (a) or (b), as appropriate. Initial Petitions submitted without the supporting documents listed below shall be rejected by the Civil Clerk’s Office until all of the necessary supporting documents, as indicated, are provided. An “Initial Petition” is defined as the first Petition for Conservatorship of the person and/or estate or first Guardianship of the person and/or estate, filed by a Petitioner, regardless of whether the filing is a temporary petition or general petition. Competing or subsequent Petitions for Conservatorship of the person and/or estate or Guardianship of the person and/or estate, filed by another Petitioner or nominating a different proposed guardian/conservator, must also provide the supporting documents listed below before the filing will be accepted by the Civil Clerk for filing. Other documents may be necessary to proceed at the time of the hearing, but only the documents listed below are required for the Civil Clerk’s Office to file the Petition. (a) Petitions for Conservatorships of the Person and/or Estate supporting documents; (1) Confidential Conservator Screening Form (Judicial Council Form GC-314) (2) Order Appointing Court Investigator (Judicial Council Form GC-330)

Applies to

Guardianship petition

An initial, competing, or subsequent guardianship petition must include Judicial Council Form GC-212 before the Civil Clerk will accept it for filing.

In an effort to provide the investigations by the appropriate entity in a timely manner for hearings with every initial Petition for Probate Conservatorship of the person and/or estate or Petition for Guardianship of the person and/or estate, the petitioner must concurrently file the following documents listed below under subsections (a) or (b), as appropriate. Initial Petitions submitted without the supporting documents listed below shall be rejected by the Civil Clerk’s Office until all of the necessary supporting documents, as indicated, are provided. An “Initial Petition” is defined as the first Petition for Conservatorship of the person and/or estate or first Guardianship of the person and/or estate, filed by a Petitioner, regardless of whether the filing is a temporary petition or general petition. Competing or subsequent Petitions for Conservatorship of the person and/or estate or Guardianship of the person and/or estate, filed by another Petitioner or nominating a different proposed guardian/conservator, must also provide the supporting documents listed below before the filing will be accepted by the Civil Clerk for filing. Other documents may be necessary to proceed at the time of the hearing, but only the documents listed below are required for the Civil Clerk’s Office to file the Petition. (a) Petitions for Conservatorships of the Person and/or Estate supporting documents; (1) Confidential Conservator Screening Form (Judicial Council Form GC-314) Order Appointing Court Investigator (Judicial Council Form GC-330) (b) Petitions for Guardianships of the Person and/or Estate supporting documents; (1) Confidential Guardian Screening Form (Judicial Council Form GC-212).

Applies to

Petition for disposition of minor funds

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

A petition under Probate Code §§ 3410-3413 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 of the reasons that the requested relief will best serve the interests of the minor.

Applies to

Blocked account order

A blocked-account order must direct payment of awarded fees and costs to the entitled persons, require disbursement of the balance to the selected depository, and specify the depository's name and address.

Where the minor’s funds are to be deposited into a blocked account, the order must provide that the person holding funds must distribute the ordered amount of fees and costs, if any, directly to the person(s) entitled thereto and disburse the balance to the selected depository, whose name and address must be specified.

Applies to

Petition for withdrawal of minor funds

A request to withdraw a minor's blocked-account funds must be submitted to the court with a statement verifying each proposed expenditure amount.

All requests or petitions for withdrawal of minor’s funds deposited in a blocked account must be made to the Court and may be presented ex parte in completed form. A statement must be presented with the petition verifying the amount of each item of the proposed expenditure.

Applies to

Extraordinary writ petition

Before filing an extraordinary writ petition requesting immediate relief in a juvenile dependency proceeding, the petitioner must provide notice to all counsel as early as possible and, when practical, at least 24 hours before filing.

Before filing a petition for extraordinary writ with a request for immediate relief in a juvenile dependency proceeding, the petitioner must use best efforts to provide notice by telephone, facsimile or e-mail to all counsel at the earliest possible time and, when practical, at least 24 hours before filing.

Applies to

Extraordinary writ petition

Before filing an extraordinary writ petition requesting immediate relief, the petitioner must deliver a copy to all counsel in person, by facsimile, or by e-mail.

In addition, before filing such a petition, the petitioner must deliver to all counsel, in person, by facsimile, or by e-mail, a copy of the petition.

Applies to

Extraordinary writ petition

The petition must be accompanied by a declaration of notice and delivery with specified details, or a declaration explaining why notice or delivery could not be completed.

A declaration of notice and delivery, including the date, time, manner, name of the individual notified, any response of the individual notified, and whether any opposition will be filed, or a declaration stating the reasons why notice or delivery could not be accomplished, must accompany the petition.

Applies to

Notice of motion

A notice of motion to suppress under Welfare and Institutions Code section 701 must identify and describe the evidence, state the suppression theories, and, for warrant-based searches, cite supporting authority.

The notice of motion designating a motion pursuant to Welfare and Institution Code Section 701 must specifically describe and list the evidence which is the subject of the motion to suppress; and must specifically state the theory or theories which must be relied upon and urged for the suppression of the evidence; and cite the specific authority or authorities which will be offered in support of the theory or theories upon which suppression of the evidence is urged when a search is based upon a warrant.

Applies to

Notice of certification

The agency must include in its certification a statement explaining the necessity of administering psychotropic medication.

Upon the filing of a writ of habeas corpus pursuant to Welfare and Institutions Code Section 5275, the agency filing the notice of certification signed and issued pursuant to Welfare and Institutions Code Section 5251 must include, as part of the certification filed with the court a statement of the necessity of the administration of psychotropic medication.

Applies to

Request for 14 day intensive treatment

When the petitioner is unwilling or incompetent to accept medically indicated medication, the agency must request an order allowing involuntary medication as part of the request for 14-day intensive treatment.

If the petitioner is unwilling or incompetent to accept medication which is medically indicated, the agency must, as part of the request for an order for 14 days intensive treatment, seek an order for provision of such medication on an involuntary basis.

Applies to

Ex parte order application

An ex parte order application must state whether special notice requests exist or allege that none exist, and must include any requested special-notice waiver.

An application for an ex parte order must contain a statement of any requests for special notice that have been filed or an allegation that no special notice has been requested. If any such notice has been requested, a waiver thereof must accompany the application.

Applies to

Ex parte order application

Must include

proposed order

Ex parte order applications must include a proposed order, and omission of the proposed order for an appearance ex parte matter may require rescheduling the hearing.

Applications for ex parte orders must be accompanied by a proposed order. Absence of a proposed order for appearance ex parte matters may necessitate rescheduling the ex parte hearing.

Applies to

Initial pleading

A party filing an initial family law pleading must include Local Form FL013, Statement of Venue, to designate the proper venue.

The party filing the initial pleading must include Local Form FL013, Statement of Venue, to designate the proper venue for the action.

Applies to

Declaration

The moving party must file a declaration explaining how notice was given or identifying a service exception, stating what the responding party was told, and specifically describing any claimed exceptional circumstances.

The moving party must file a declaration stating how the notice was given or facts to show that there is an exception to the requirement of service, and what the responding party was told. If exceptional circumstances are claimed, they must be specifically stated.

Applies to

Custody or visitation application

A custody or visitation applicant must disclose the facts establishing the parental relationship, prior custody or visitation orders, and the specific terms of those orders, attaching available existing orders.

Any person seeking custody of or visitation with a child must disclose in their application all of the following information: What facts establish the parental relationship; Whether any custody or visitation orders were previously issued by any court; and The specific terms of those orders (a copy of existing orders should be attached if 91 ===== PAGE 102 ===== San Luis Obispo Superior Court available.)

Applies to

Declaration

Declarations supporting temporary emergency orders or domestic violence restraining orders must state specific facts within the declarant's personal knowledge supporting the requested relief.

Declarations in support of requests for temporary emergency order and requests for domestic violence restraining orders must recite specific facts within the personal knowledge of the declarant which support the relief requested.

Applies to

Declaration

A declaration must describe specific incidents and harm when the requested temporary emergency or domestic violence order concerns custody, visitation, or removal from the family residence.

If either a request for temporary emergency orders or a request for domestic violence orders propose to alter custodial arrangements, restrict visitation, or order the removal of one party from the family residence, the declaration must recite specific facts describing specific incidents and harm.

Applies to

Declaration

A temporary emergency order declaration must explain why emergency treatment is necessary, and holiday, vacation, or birthday-related custody or visitation changes do not qualify as emergencies.

Declarations in support of a request for temporary emergency orders must include facts which show why the matter must be heard on an emergency basis as opposed to being heard on the court’s regular request for order calendar. Emergencies do not include proposed revisions in custody or visitation to accommodate holiday, vacation, or birthday plans.

Applies to

Domestic violence restraining order application

The applicant must disclose other reported domestic violence or abuse incidents and related criminal charges, probation or parole, or court-ordered conduct restraints.

The party seeking a domestic violence restraining order must disclose any other incident of domestic violence or abuse that was reported to any law enforcement agency, or resulted in criminal charges against either party, or resulted in the imposition of a period of probation, parole, or resulted in court-ordered restraints on the conduct of either party.

Applies to

Declaration

Parties must make full, accurate, and good-faith disclosures in Domestic Violence Prevention Act declarations, including all existing cases and orders involving the parties or minor children.

The parties must maintain the highest standards of good faith and accuracy in their declarations. Any attempt to use the Domestic Violence Prevention Act process as a strategy to gain an improper litigation advantage, including the failure to make full disclosure of all existing cases and orders in any court which involve or have involved the parties or any minor children, may subject the party to monetary sanctions, and such conduct may influence the orders made by the court when the matter is heard.

Applies to

Remote appearance application

A request for a remote appearance must be made using Local Form FL015.

A Local Form FL015, Application for Videoconference Appearance and Order must be filed and served at least five (5) court days prior to the hearing.

Applies to

Rule 19 27 declaration and proof of service

Must include

proof of service

Before the hearing, each party must file a declaration compliant with Rule 19.27(g) and a proof of service verifying when the financial documents were served.

Each party shall prepare and file a declaration compliant with subsection (g) of this rule and a proof of service verifying the date of service of the rule 19.27 documents with the court prior to the day of the hearing.

Applies to

Rule 19 27 compliance declaration

Rule 19.27 documents must be accompanied by a signed declaration identifying each produced document and its date.

(h) Declaration of Compliance and Explanation of Noncompliance: The rule 19.27 documents must be served with a declaration signed by the party identifying each document being produced and the dates of the documents.

Applies to

Rule 19 27 compliance declaration

A noncompliant party must explain in its declaration which documents were not produced, why, the efforts being made, when they will be available if known, and who has them.

(h) Declaration of Compliance and Explanation of Noncompliance: The rule 19.27 documents must be served with a declaration signed by the party identifying each document being produced and the dates of the documents. If a party does not timely produce any of the required documents, the noncomplying party must state what documents were not produced, why they were not produced, what efforts are being made to obtain them, when they will be available, if known, and the identity and location of the entity who has them.

Applies to

Rule 19 27 compliance declaration

When specified financial matters are at issue, parties must comply with Rule 19.27 no later than 21 court days before the scheduled trial or long-cause hearing.

(c) No later than twenty-one (21) Court Days Before the Scheduled Proceeding. Rule 19.27 Compliance: If financial matters are at issue including child support, spousal support, attorney’s fees, payment of debts, calculation and/or payment of arrearages, and/or ability to pay sanctions, the parties must comply with rule 19.27. Failure to comply with this requirement may result in the court drawing an adverse inference against the noncomplying party.

Applies to

FL-150 income and expense declaration

Parties must file and serve a complete FL-150 declaration completed within the 90 days before the scheduled proceeding.

(2) Income and Expense Declaration: The parties shall file and serve a current and complete FL-150 Income and Expense Declaration. “Current” is defined as being completed within the last ninety (90) days before the scheduled proceeding.

Applies to

FL-150 income and expense declaration

FL-150 declarations must include supporting schedules, current-year pay stubs, prior-year W-2 or 1099 forms, or the final prior-year pay stub if tax forms are unavailable; self-employed parties must provide all Rule 19.27 income documentation.

(3) Income and Expense Declaration Contents: The FL-150 Income and Expense Declarations shall include all supporting schedules and payroll documentation, including all most recent pay stubs showing current year-to-date income from all employers in the current year, and all W2s and/or 1099s from the previous tax year. If the prior year’s tax forms are not available, the party shall submit the final pay stub for the prior year showing year-to-date income. Self-employed parties shall provide all income documentation required under rule 19.27.

Applies to

Exhibit list

Each side must prepare an exhibit list briefly describing every exhibit it may offer.

Each side must prepare an Exhibit List that briefly describes each exhibit that they may offer.

Applies to

Exhibit list

The required exhibit-list form is Local Form FL019.

The use of Local Form FL019 Exhibit List is mandatory.

Applies to

Property statement

When estate division is at issue, counsel and self-represented parties must prepare a property statement identifying assets, debts, reimbursement claims, and charges, stating each property's character, value, and proposed division, and using a property-division report, FL-160, or the FL-001 Fredman Form.

If the division of the estate is at issue, at the Case Conference, each counsel or self-represented parties must prepare a property statement that lists each asset, debt, claim for reimbursement and charge. The parties must state their contention as to the character of the property, its value, and proposal for division. A property division software report, FL-160 Property Declarations, or the FL-001 Schedule of Property “Fredman Form” must be used.

Applies to

Trial brief

When a trial brief is required, it must comply with California Rules of Court rule 5.394 and specify the case conference's time, date, and duration, or explain why it did not occur.

If a trial brief is required by California Rules of Court, court order, or this rule, it shall comply with California Rules of Court, rule 5.394, and shall also: 1. Specify the time, date and duration of the case conference, or the reason why the case conference did not take place.

Applies to

Trial brief

The trial brief must address settled and disputed issues, summarize the facts, cite legal authority, update the trial estimate, and provide other helpful calendar information.

2. Identify issues that have been resolved via settlement. 3. Identify all issues that remain in dispute, summarize the facts relating to each issue and cite any applicable legal authority. 4. Give an updated time estimate for trial. 5. Provide any other information that will be helpful to the court in managing the trial calendar.

Applies to

Guideline support calculation

When child or temporary spousal support is at issue, each party must serve and file a computer-generated guideline-support report stating the party's contention.

If child support or temporary spousal support is at issue, each party shall serve and file a computer-generated report setting forth their contention of guideline support.

Applies to

Guideline support calculation

Software used to generate the guideline-support report must be certified by the Judicial Council under California Rules of Court rule 5.275.

Any software used for generating said report shall be certified by the Judicial Council under California Rules of Court, rule 5.275.

Applies to

Guideline support calculation

When retroactivity is sought and relevant financial factors vary, separate and appropriately labeled guideline-support calculations must be supplied for each time period.

Where retroactivity is sought and income or other relevant factors vary during the retroactivity period in question, separate guideline support calculations shall be provided for each such time period, with appropriate labels or other identification to assist the court and the parties.

Applies to

FL-157

When spousal support is at issue, the parties must serve and file Form FL-157 with the marital standard of living and all Family Code section 4320 factors.

If spousal support is at issue, the parties shall serve and file the FL-157 Spousal or Domestic Partner Support Declaration Attachment, with information regarding the marital standard of living and each of the Family Code § 4320 factors

Applies to

FL-019

The required exhibit list must be a completed mandatory FL019 identifying and briefly describing all intended documentary evidence other than evidence solely for impeachment.

a fully completed mandatory Local Form FL019 “Exhibit List” showing the number and brief description of all documentary evidence that a party intends to present, other than evidence intended solely for impeachment

Applies to

Trial brief

The required trial brief must identify all disputed issues, summarize the facts for each issue, and cite applicable legal authority.

Trial Brief: A trial brief identifying all issues in dispute, summarizing the facts relating to each issue and citing any applicable legal authority.

Applies to

Guideline support calculation

A computer-generated report stating the party's guideline-support contention is required.

Support Calculation: A computer-generated report setting forth the party’s contention of guideline support.

Applies to

Property statement

The required property statement must schedule community and separate property and state each party's position on its character, value, and proposed division.

Property Statement: A schedule of community and separate property of the parties showing each party’s contention as to the character of the property, its value, and proposal for division.

Applies to

FL-150

A current and complete FL-150 Income and Expense Declaration is required.

Income and Expense Declaration: A current and complete FL-150 Income and Expense Declaration.

Applies to

FL-150

For purposes of the required income and expense declaration, “current” means completed within the 90 days before the scheduled proceeding.

“Current” is defined as being completed within the last ninety (90) days before the scheduled proceeding.

Applies to

FL-315

A request to set a bifurcated matter for trial must be submitted on Form FL-315 as part of a Form FL-300.

A request to set a bifurcated matter for trial must be made on Form FL-315, Application for Separate Trial as part of a Form FL-300, Request for Order.

Applies to

Judicial council approved forms

Judicial Council-approved forms must be used when applicable and designated for mandatory use.

Forms approved by the Judicial Council must be used when they apply to the proceedings and are designated by the Judicial Council for mandatory use.

Applies to

Parentage judgment

A party filing a Parentage Judgment by surrogacy contract must complete, sign, and file Local Form FL016.

(a) Complete, sign and file a Local Form FL016, Surrogacy Judgment Checklist;

Applies to

Parentage judgment

All related documents in a surrogacy Parentage Judgment must be filed in the exact order set forth in Local Form FL016.

(b) File all related documents in the order set forth in the Local Form FL016, Surrogacy Judgment Checklist in the exact order of the checklist; and

Applies to

Parentage judgment

Every filed document in a surrogacy Parentage Judgment must be identified and named exactly as listed in Local Form FL016.

(c) Identify and name all filed documents exactly as they are listed in the Local Form FL016, Surrogacy Judgment Checklist.

Applies to

Custody evaluation report

A custody evaluation report must include the FL-328 confidentiality notice or an adopted local confidentiality form.

The report must include a FL-328 Notice Regarding Confidentiality of Child Custody Evaluation Report Under Family Code § 3111 or a local form adopted by the court to advise of the confidential nature of the contents.

Applies to

Jury instructions request

Counsel must present a jury-instructions request identifying the court, action, and document title as "Instructions requested by ______."

In all jury trials, counsel must present to the court a document setting forth in the usual manner the title of the court, title and number of the action, and title of the document, namely, "Instructions requested by ______."

Applies to

Jury instructions request

The jury-instructions request must list requested CACI and/or CALCRIM instructions by number and attach the instructions, including typed copies when locally unavailable and any additional instructions.

The document must list by number the CACI and/or CALCRIM instructions requested by counsel and counsel must attach to the original the (1) instructions so requested that are in print and available; and if such instructions are modified, by the completion of blanks, the deletion of bracketed material, or in any other manner made complete; (2) if the instructions so requested are not locally available, it will be counsel's responsibility to type such instructions; and (3) the additional instructions, if any, as provided in paragraph (c) above.

Applies to

Request for duplicate tape recording

Form CO001 is mandatory for a request for a duplicate tape recording.

CO001* Request for Duplicate Tape Recording CRC 892 11/03 Mandatory

Applies to

Schedule of property

Form FL001 is mandatory for a schedule of property.

FL001* Schedule of Property (Fredman Form) FLPP 12/02 Mandatory

Applies to

Statement of venue

Form CV011 is mandatory for a statement of venue.

CV011* Statement of Venue LR 9.27 1/04 Mandatory

Applies to

Surrogacy judgment checklist

Form FL016 is mandatory for a surrogacy judgment checklist.

FL016 Surrogacy Judgment Checklist FLPP 7/24 Mandatory

Applies to

Order appointing child custody evaluator attachment

Form FL009 is mandatory for an order appointing a child custody evaluator attachment.

FL009* Order Appointing Child Custody Evaluator Attachment CRC 5.225 1/04 Mandatory

Applies to

Request for default setting

Form CVDF010 is mandatory for a request for default setting.

CVDF010* Request for Default Setting LR 7.18 10/03 Mandatory

Applies to

Request to set unlawful detainer

Form CVUD09 is mandatory for a request to set an unlawful detainer matter.

CVUD09* Request to Set (Unlawful Detainer) CCP 1170 10/03 Mandatory

Applies to

Financial statement stepparent adoption

Form AD01 is mandatory for a financial statement concerning a stepparent adoption.

AD01* Financial Statement (Stepparent Adoption) FC9002 5/03 Mandatory

Applies to

Civil case management policy

Form CVDC01 is mandatory for the civil case management policy.

CVDC01* Civil Case Management Policy LR9.11.1 7/1/02 Mandatory

Applies to

Notice of assignment for all purposes

Form CVDC02 is mandatory for a notice of assignment for all purposes.

CVDC02* Notice of Assignment for All Purposes LR9.11 7/02 Mandatory

Applies to

Alternative dispute resolution policy statement

Form CVDC04 is mandatory for an alternative dispute resolution policy statement.

CVDC04* Alternative Dispute Resolution Policy Statement LR9.11.4 7/02 Mandatory

Applies to

Request to set unlawful detainer

Form CVUD09 is mandatory for a request to set an unlawful detainer matter.

CVUD09* Request to Set (Unlawful Detainer) CCP11707 10/03 Mandatory

Applies to

Request for default setting

Form CVDF010 is mandatory for a request for default setting.

CVDF010* Request for Default Setting LR7.18 10/03 Mandatory

Applies to

Schedule of property

Form FL001 is mandatory for a schedule of property.

FL001* Schedule of Property (Fredman Form) FLPP 12/02 Mandatory

Applies to

Domestic judgment worksheet

Form FL002 is mandatory for a domestic judgment worksheet.

FL002* Domestic Judgment Worksheet (3 pages) FLPP 8/99 Mandatory

Applies to

Joint at issue memorandum family law

Form FL003 is mandatory for a joint at-issue memorandum in family law.

FL003* Joint At-Issue Memorandum (Family Law) FLPP 10/03 Mandatory

Applies to

Certificate of non compliance and order

Form FL004 is mandatory for a certificate of non-compliance and order.

FL004* Certificate of Non-Compliance & Order FLPP 12/02 Mandatory

Applies to

Order appointing child custody evaluator attachment

Form FL009 is mandatory for an order appointing a child custody evaluator attachment.

FL009* Order Appointing Child Custody Evaluator Attachment CRC 5.225 1/04 Mandatory

Applies to

Notice regarding confidentiality of child welfare records

Form FL018 is mandatory for a notice regarding confidentiality of child welfare records.

FL018 Notice Regarding Confidentiality of Child Welfare Records WIC 827 7/26 Mandatory

Applies to

Family law division exhibit list

Must include

exhibit list

The Family Law Division Exhibit List is mandatory.

FL019 Family Law Division Exhibit List LR19.28 7/26 Mandatory

Applies to

Document authorized for clerk signature

A specific court order is required before the Clerk may sign documents for an unavailable or unwilling party.

A court order is required. The order must be specific as to which documents are to be signed by the Clerk of the Court.

Applies to

Document authorized for clerk signature

At the appointment, the requesting party must bring each document with a certified copy of the authorizing court order attached.

Bring to the appointment the document(s) ordered to be signed with a certified copy of the order authorizing signature attached to each document.

Applies to

Document authorized for clerk signature

The Clerk must type the stated court-order authorization language under the original signature line on each document.

By Michael Powell, Executive Officer and Clerk of the Superior Court, County of San Luis Obispo, signed pursuant to court order dated __________ (date) in the matter of _________________________ (case name), Case No. __________. By ________________ (Clerk’s signature), Deputy Clerk ________________ (Clerk’s name)

Applies to

Recordable document

The Clerk's signature on a recordable document must be notarized.

On any recordable document, the Clerk’s signature must be notarized.

Applies to

Plea form

Beginning August 6, 2026, Department 10 requires use of Judicial Council plea form CR-101 in all felony cases.

Starting on August 6, 2026, as part of the Court's Pilot Project, Department 10 will use the Judicial Council plea form CR-101 in all felony cases.

Applies to

Waiver of rights

Written waivers are required for all misdemeanor pleas.

As a reminder, written waivers are also required for all pleas in misdemeanor cases.

Applies to

Non cbh mental health conditions of release order

Defense counsel must submit the Non-CBH Mental Health Conditions of Release Order when the mental health treatment plan will be administered outside County Behavioral Health.

The following form must be submitted by defense counsel in all cases where the mental health treatment plan is to be administered outside of County Behavioral Health (see Guidelines)

Applies to

Exhibits

If a party seeks review of the ruling, the clerk must retain the submitted exhibits until the review process concludes.

After resolution of the motion, the clerk must further retain such documents until the review process has concluded.

Applies to

Complaint

Upon filing a complaint, the plaintiff must receive a Notice of Assignment and Case Management Conference, and the conference ordinarily must be set within approximately 180 days, except for limited general civil cases.

Upon filing a complaint, the plaintiff shall receive the following from the Court: (1) Notice of Assignment and Case Management Conference (The Case Management Conference will be set within approximately 180 days of the filing of the original complaint for all cases except for limited general civil.);

Applies to

Ex parte petition

Ex parte petitions in decedents' estates for the sale of stock or personal property must allege whether the property is specifically bequeathed.

Ex parte petitions filed in decedent's estates for the sale of stock or personal property must allege whether the property is specifically bequeathed.

Applies to

Financial institution statement

If original financial statements cannot be obtained, photocopies may be filed only if the submitting party verifies that fact and a competent witness certifies the photocopies as true and correct copies by sworn declaration.

The submitting party may file photocopies of the original financial statements if: (a) They verify that the originals cannot be obtained, and (b) The photocopies are certified as true and correct copies by a sworn declaration of a competent witness.

Applies to

Financial institution account balance certification

If neither originals nor certified photocopies are available, a qualified representative of the financial institution may certify the account balance as of the date the probate account submitted for review ended, including the representative's full name, title, and contact information.

If neither original statements nor certified photocopies can be obtained, a certification of the financial institution account balance, on the date the probate account submitted for review ended, is acceptable. The certification must be made by a qualified representative of the financial institution for the particular financial account. The representative must list his/her full name, title and contact information as part of the certification.

Applies to

Probate notice

The attorney must prepare all notices required by the Probate Code to be given by the clerk.

All notices required by the Probate Code to be given by the Clerk must be prepared by the attorney.

Applies to

Spousal property petition

A spousal property petition based on community or quasi-community property should include additional information concerning the marriage, property ownership and values, the decedent's net worth and occupation, later-acquired property, property remaining in the estate, supporting documents, and supporting facts.

If the basis for determining that property should pass or be confirmed to the surviving spouse is that the property is community property or quasi-community property, in addition to the allegations required by Probate Code §13651, the following information should be included in the spousal property petition:

Applies to

Petition for distribution

The distribution petition must state whether objections or consents were served, but acts properly reported in a prior distribution need not be repeated.

The petition for distribution must indicate whether or not objections or consents to the proposed action were served. If certain acts have been properly reported in a prior distribution, they need not be repeated.

Applies to

Capacity declaration

When dementia powers are requested, counsel or the proposed conservator should promptly file the required Capacity Declaration and Dementia Attachment.

Counsel or the proposed conservator should promptly file the required Capacity Declaration (GC-335) with the Dementia Attachment (GC-335) if “dementia powers” are requested under Probate Code Sec. 2356.5.

Applies to

Declaration

An available law-enforcement Emergency Protective Order must be attached to the declaration.

If an Emergency Protective Order was issued by a law enforcement agency, the Emergency Protection Order must be attached to the declaration, if available.

Applies to

Fl 306 request to reschedule hearing

A moving party unable to timely serve a request for order may request a new hearing date by filing an FL-306 Request to Reschedule Hearing.

If a request for order cannot be timely served, the moving party may request a new hearing date by filing an FL-306 Request to Reschedule Hearing.

Applies to

Exhibit list

A multi-page financial-data exhibit must include a summary page explaining what the exhibit is intended to establish.

Exhibits comprised of several pages of financial data shall have a summary page that explains what is to be established by the exhibit.

Applies to

FL-003

After a bifurcated trial on a statutorily prioritized matter has been completed, any party may request a trial date for remaining issues by filing Local Form FL003.

If a bifurcated trial has already been completed on a matter entitled to statutory priority, any party may request a trial date for the remaining issues by filing Local Form FL003, Joint At-Issue Memorandum.

Applies to

Hearing transcript

If a ruling or stipulation is disputed and a court reporter attended the hearing, lodging the transcript may be necessary to resolve the dispute.

if there is a dispute about the ruling or stipulation, and a court reporter was present at the time of the hearing, then lodging the transcript with the court may be necessary in order to resolve the disputes.

Applies to

Document authorized for clerk signature

When the order is contingent on conditions, the requesting party must bring a declaration stating whether those conditions have been met.

Bring a declaration if the order was made contingent upon certain conditions being met. The declaration should contain facts sufficient to indicate whether the conditions of the Court’s order have been met.

Applies to

Recordable document

The requesting party must arrange for a notary to be present at signature and is responsible for subsequently recording the document.

The requesting party is responsible both for arranging to have a notary present at the time of signature and for any subsequent recording of the document.

Applies to

Mandatory form

An addendum may be attached when the mandatory Judicial Council form is inadequate for the particular situation.

If that form is inadequate in a specific situation, an addendum may be attached.