San Mateo Superior Court Document Filing Requirements

Applies to

Short cause trial preparation

Counsel must meet and confer in person or by telephone at least seven calendar days before trial, and noncompliance may result in monetary sanctions.

4. Counsel shall meet and confer either in person or by telephone at least 7 calendar days before the day of the trial to resolve as many issues as possible and to specify those matters to be litigated. Failure to comply with these requirements shall subject offending counsel to monetary sanctions.

Applies to

Family court services recommendation

When custody or visitation is at issue, the parties must meet with Family Court Services early enough for a recommendation to be prepared and filed at least five calendar days before trial.

5. If custody or visitation is in issue at the time of the trial, the parties shall meet with Family Court Services before trial. The meeting shall be scheduled sufficiently in advance of the trial to allow time for the counselor to prepare and file a recommendation, at least 5 calendar days before the scheduled trial date.

Applies to

Short cause trial statement

Counsel must prepare a short-cause trial statement and, when financial matters are at issue, an income-and-expense declaration.

6. Mandatory Short Cause Statements (see Local Court Form FL-12): Counsel shall prepare a short cause trial statement and, if financial matters are at issue, an income and expense declaration.

Applies to

Short cause trial statement

The original short-cause documents and any income-and-expense declaration must be filed with the family-law clerk, with copies served on the opposing party, no later than five calendar days before the earlier of the Mandatory Settlement Conference or trial date.

The originals of these documents and income and expense declaration shall be filed with the family law clerk’s office and copies served on the opposing party not later than 5 calendar days before the Mandatory Settlement Conference or trial date whichever comes first.

Applies to

Fee waiver court reporter request

A fee-waiver recipient seeking a verbatim trial record must notify the court in writing by filing Judicial Council Form FW-020.

Fee waiver recipients who want a verbatim record of a trial court proceedings must notify the Court in writing by filing Judicial Council form FW-020 at least 10 calendar days in advance of the scheduled hearing or trial date.

Applies to

Petition

A petition for relief not provided by statute must state the specific nature of the relief sought.

The petition shall also set forth the specific nature of the relief sought.

Applies to

Brief

Must include

word count

Every brief must include a certificate stating its word count.

The brief must include a certificate stating the number of words in the brief as required under CRC, rule 8.883(b).

Applies to

Ceqa petition or complaint

A CEQA mandamus petition or complaint must state on its face that it is filed pursuant to CEQA.

If a petition for writ of mandate or complaint includes claims under CEQA (Public Resources Code section 21000 et. seq.), the case will be assigned to a judge designated to hear CEQA actions pursuant to Public Resources Code section 21167.1. Plaintiff shall identify the petition or complaint as being filed pursuant to “CEQA” on the face of the petition or complaint.

Applies to

Confidential discovery documents

A party filing a discovery motion must lodge confidential documents rather than file them, and each document must bear the prescribed confidentiality label.

A party filing a discovery motion must lodge and not file any confidential documents with the Court. All such documents must be clearly labeled “Confidential discovery documents lodged with the Court pursuant to Local Rule 2.1.9.”

Applies to

Proposed jury instructions

Counsel must complete and appropriately modify proposed jury instructions before delivering them to the trial judge and opposing counsel.

Before delivery of proposed jury instructions to the trial judge and opposing counsel, counsel shall fill in all blanks, make all strikeouts, insertions and modifications therein which are appropriate to the case.

Applies to

Proposed jury instructions

Counsel must provide a clean copy of the instructions that will be given to the jury.

and a clean copy of the instructions to be given to the jury.

Applies to

Jury instructions verdicts or findings

The trial judge must discuss the categorization and disposition of proposed instructions, verdicts, and findings with counsel.

The trial judge will then discuss with counsel:

Applies to

Requested jury instruction

Counsel must mark a withdrawn requested instruction with the word "withdrawn" and sign or initial it.

If a requested instruction is withdrawn, counsel shall so indicate by writing "withdrawn" and signing or initialing such instruction.

Applies to

Juror questionnaire

A party proposing a juror questionnaire must provide it to all parties, which must meet and confer to agree on the questionnaire for prospective jurors.

If juror questionnaires are proposed by any party, the requesting party must provide a copy of the proposed questionnaire to all parties and they must meet and confer to agree on a questionnaire that will be distributed to prospective jurors.

Applies to

Juror questionnaire

The proposed juror questionnaire must be presented to the trial judge no later than the day of trial.

The juror questionnaire must be presented to the trial judge on the day of trial at the very latest.

Applies to

Juror questionnaire

The proposed juror questionnaire must receive the trial judge's approval before it is used.

The proposed questionnaire shall be presented to the trial judge for review and approval prior to it being used.

Applies to

Request for official court reporter

A request for an official court reporter must be made using Local Form CV-69.

Local Court Form CV-69, Request for an Official Court Reporter for Civil Court Proceedings, must be filed at least 10 calendar days prior to the scheduled hearing or trial date for which you are requesting an official court reporter.

Applies to

Appointment of official court reporter pro tempore

A party seeking a reporter pro tempore must complete and obtain the pro tempore reporter's signature on Form CV-68 and provide it to the Judicial Officer when the proceeding begins.

A party requesting appointment of an official reporter pro tempore must complete and have signed by the official reporter pro tempore Local Form CV-68 (Appointment of Official Court Reporter Pro Tempore), and provide it to the Judicial Officer at the commencement of the proceeding.

Applies to

Appointment of official court reporter pro tempore

The Judicial Officer must sign Form CV-68 appointing the reporter pro tempore before the reporter may report the proceeding.

The Judicial Officer must sign Local Form CV-68 (Appointment of Official Court Reporter Pro Tempore) appointing the reporter as an official reporter pro tempore, before the reporter may report the proceeding.

Applies to

Trial documents

Upon assignment of a jury case to a trial department, each party must file its in limine motions and responses, trial briefs, a concise non-argumentative jury statement, and a possible-witness list.

Upon assignment to a trial department for trial by a jury, each party shall file with that department the following: (1) Any in limine motions and response thereto; (2) Any trial briefs; (3) A concise non-argumentative statement of the case to be read to the jury; and (4) A list of possible witness who may testify in the trial to be read to the jury panel by the court.

Applies to

Exhibits

By assignment to a trial department, a party intending to use exhibits must have an original and sufficient copies for every other party and the court.

Any party intending to offer any exhibit at the time of trial shall be prepared, by the time of assignment to a trial department, with an original and sufficient copies of each such exhibit for all other parties and the court.

Applies to

Notice of intent to appear

A party contesting a tentative ruling must notify all counsel of record, self-represented parties, and the assigned Civil Department by 4:00 p.m. on the court day before the hearing, by email with contemporaneous copies to all parties or by telephone.

A party intending to appear in order to contest the tentative ruling on a law and motion matter calendared for hearing must notify all counsel of record, self-represented parties, and the Civil Department of the Civil Judge assigned to that civil case by 4:00 p.m. on the court day before the hearing either by (A) emailing that Civil Department with that email contemporaneously copied to all parties or their counsel of record, or (B) by telephoning that Civil Department at the telephone number listed on the Court’s website.

Applies to

Notice of intent to appear

An email notice contesting a tentative ruling must include the case name and case number in the subject line and the motion, contesting party, and counsel oral-argument time estimates in the body, using at least 12-point type.

If notice is given by email, the contesting party must state in the subject line of the email the case name and case number. In the text of the email, the contesting party must state the specific motion, the party contesting, and the time estimate of counsel for oral argument by all parties. All emails must be sent in at least 12 point type.

Applies to

Proposed order

Must include

proposed order

The prevailing party must prepare a proposed order that repeats the tentative ruling verbatim.

The prevailing party on a tentative ruling is required to prepare a proposed order repeating verbatim the tentative ruling.

Applies to

Amended notice

If a hearing-date change is granted, the original moving party must immediately file and serve an amended notice reflecting the new hearing date.

If a request to change a hearing date is granted, the original moving party shall immediately file and serve an Amended Notice of the motion or other matter reflecting the new hearing date.

Applies to

Ex parte application

Must include

proposed order

Failure to present a proposed order when presenting an ex parte application results in denial of that application.

Failure to present a proposed order at the time of presentation of the ex parte application will result in denial of the ex parte application.

Applies to

Ex parte moving papers

Must include

proposed order

An applicant may seek a remote ex parte appearance only if the moving papers and proposed order are served on all parties and submitted in paper with the fee by 10:00 a.m. two court days before the appearance, unless the court orders otherwise.

Except as ordered by the court under subdivision (d), applicants seeking an ex parte order may appear remotely provided that the moving papers, including a proposed order, have been served on all parties, and submitted in paper form to the assigned judge, and the fee paid to the clerk’s office, by at least 10:00 a.m. two court days before the ex parte appearance.

Applies to

Electronic correspondence

Every email to a Civil Department must state the case number and case name in its subject line.

All communications to any Civil Department email address must include in the header “subject line” the Case Number and Name of Case (e.g., 20CIV04321 Smith v. Jones).

Applies to

Informal discovery conference request

An Informal Discovery Conference request must identify the case, requesting party, reserved conference date and time, and estimated session length.

Any party requesting an Informal Discovery Conference shall identify the case name and number, the name of the party requesting the Informal Discovery Conference, the date and time reserved by that party for the Informal Discovery Conference, and the estimated length of the IDC session.

Applies to

Discovery dispute summary

The first line of the discovery-dispute email must state the case name and number, reserved conference date and time, and estimated session length.

It shall include on the first line (i) the case name and number, (ii) the date and time reserved by the parties for the Informal Discovery Conference, and (iii) the estimated length of the IDC session.

Applies to

Probate forms

All applicable Judicial Council-adopted probate forms must be used.

All Judicial Council adopted Probate forms must be used where applicable (Probate Code § 1001, California Rules of Court, Rule 7.101).

Applies to

Case management statement

All parties must file and serve a CM-110 Case Management Statement at least 15 calendar days before the initial Case Management Conference.

Pursuant to CRC Rule 3.725, all parties must file and serve a Case Management Statement (form CM-110) at least fifteen (15) calendar days prior to the date set for the initial Case Management Conference.

Applies to

Case management and trial setting conference statement

The Case Management and Trial Setting Conference Statement must report the completion status of document production, party and witness depositions, and expert witness discovery.

The Case Management and Trial Setting Conference Statement shall also include information as to the status of completion of production of documents, the status of completion of party and witness depositions, and the status of expert witness discovery.

Applies to

Case management statement

If the Case Management Conference is continued, all parties must file and serve a new CM-110, individually or jointly, at least 15 calendar days before the latest conference.

If the Case Management Conference is continued, all parties must file and serve a Div III 313 Revised 1/1/2026 ===== PAGE 78 ===== Superior Court of California, County of San Mateo new Case Management Statement (form CM-110), individually or jointly, at least fifteen (15) calendar days prior to the date of the latest Case Management Conference.

Applies to

Civil case cover sheet

For an uninsured motorist matter submitted to arbitration before the initial filing, the plaintiff must identify the case as “Auto Tort Uninsured Motorist” on the Civil Case Cover Sheet and file notice with the complaint.

If prior to the initial filing of the complaint a matter has been submitted to arbitration pursuant to uninsured motorist insurance, the plaintiff shall identify the case as “Auto Tort Uninsured Motorist” on the Civil Case Cover Sheet and shall file a notice to that effect with the Court at the time of filing the complaint.

Applies to

Mandatory settlement conference

General civil cases, complex cases when designated by the assigned Civil Judge, and covered Probate matters must be set for a Mandatory Settlement Conference before trial.

In all general civil cases as defined in CRC Rule 1.6(4), and in any complex cases in the discretion of the assigned Civil Judge, and in any Probate matters subject to Local Rule 4.3(c), the civil case will be set for a Mandatory Settlement Conference prior to trial.

Applies to

Stipulation and proposed order to mediation in lieu of court ordered judicial arbitration

A request to change from judicial arbitration to another ADR process must be made using local form ADR-CSARB and a copy contemporaneously emailed to the ADR Director.

Parties who wish to change their ADR process from judicial arbitration to another form of ADR must file a Stipulation and [Proposed] Order to Mediation in Lieu of Court-Ordered Judicial Arbitration (local form ADR-CSARB) with the Court, with a copy contemporaneously emailed to the ADR Director at ADR@sanmateocourt.org.

Applies to

Decree of distribution

When an heir or beneficiary dies during estate administration, the decree must provide distribution to the personal representative or, where applicable, the persons entitled under Sections 13100–13105.

When an heir or beneficiary dies during the administration of an estate, the decree shall provide for distribution to the personal representative of his estate (Sections 11801 and 11802) or, where applicable to the person(s) entitled thereto under Sections 13100-13105.

Applies to

Stipulation and proposed order to mediation in lieu of court ordered judicial arbitration

The ADR-CSARB stipulation must state that both the judicial arbitration and ADR coordinators were notified.

(i) notified both the judicial arbitration and ADR coordinators

Applies to

Stipulation and proposed order to mediation in lieu of court ordered judicial arbitration

The ADR-CSARB stipulation must state that the judicial arbitration hearing was cancelled.

(ii) cancelled the judicial arbitration hearing:

Applies to

Stipulation and proposed order to mediation in lieu of court ordered judicial arbitration

The ADR session must be scheduled within five months of the previously scheduled judicial arbitration hearing.

(iii) scheduled the ADR session within five months of the previously scheduled judicial arbitration hearing;

Applies to

Stipulation and proposed order to mediation in lieu of court ordered judicial arbitration

The ADR-CSARB stipulation must stipulate to a Trial Setting Conference date no more than six months after the previously scheduled judicial arbitration hearing.

(iv) stipulated to a date for Trial Setting Conference, which is not more than six (6) months from the previously scheduled judicial arbitration hearing.

Applies to

Post adr resolution document

After non-judicial ADR resolves all disputes, the parties must file and serve one of four specified resolution documents, using a settlement-approval motion when required by law.

Upon the completion of the selected ADR process, other than judicial arbitration, if a resolution of disputes is achieved, the parties shall file and serve either (i) a Notice of Settlement; (ii) a Request for Dismissal; (iii) a Stipulated Judgment; or (iv) a motion for approval of settlement, if a motion is required by law.

Applies to

Statement of nonagreement

If ADR does not resolve all disputes, the parties must sign and file Statement of Nonagreement form ADR-CV-11.

Upon the completion of the selected ADR process, if not all disputes are resolved, parties shall sign and file a Statement of Nonagreement (ADR-CV-11) to facilitate the setting of the post-ADR Case Management and Trial Setting Conference before the assigned Civil Judge.

Applies to

Case management and trial setting conference statement

The Case Management and Trial Setting Conference Statement must include the items required by CRC Rule 3.717 and relevant trial-setting facts or circumstances under CRC Rule 3.729.

The Case Management and Trial Setting Conference Statement shall include all items set forth in CRC Rule 3.717 and any relevant facts or circumstances regarding the setting of the trial date as set forth in CRC Rule 3.729.

Applies to

Civil case cover sheet

A plaintiff in a Collections Case must designate it by checking the “Rule 3.740 collections” box on the Civil Case Cover Sheet.

For all Collections Cases, as defined by CRC Rule 3.740(a), the plaintiff must check the case type box “Rule 3.740 collections” on the Civil Case Cover Sheet (form CM-010) as mandated by CRC Rule 3.740(b).

Applies to

Electronic correspondence

Must include

case number

The subject line of every IDC email must contain the case number and case name.

All communications to the IDC@sanmateocourt.org email address must include in the header “subject line” the Case Number and Name of Case (e.g., 19CIV06543 Smith v. Jones).

Applies to

Petition for distribution

The petition must sufficiently describe the relationships of intestate heirs so the court can determine whether intestacy laws were properly applied.

The relationship of heirs who take by intestacy shall be sufficiently described to permit the Court to determine whether the laws of intestate succession have been properly applied.

Applies to

Verified petition or accompanying affidavit

When a bond is required, the verified petition or qualifying accompanying affidavit must state the information necessary to establish its amount.

The verified petition or an accompanying affidavit signed by the petitioner or by the personal representative or by counsel of record for either of said persons shall set forth the information necessary to establish the amount of bond, if one is required.

Applies to

Proposed order

Must include

proposed order

Except for sale confirmations and contested matters, a proposed order with the hearing date on its face sheet must be submitted at least five court days before the hearing.

Except in the case of confirmations of sales and contested matters, a proposed order must be submitted to the office of the Clerk of the Court, Probate Division, at least five (5) court days in advance of the scheduled hearing date, with the scheduled hearing date noted on the face sheet.

Applies to

Ex parte application

When special notice is requested, the application must identify each requester and allege that notice was given or waived by that person.

If special notice has been requested, the application must identify each person who has requested such notice and must allege that special notice has been given to that person or has been waived by that person.

Applies to

Ex parte application

Must include

certificate of service

Each ex parte application requesting special notice must include either proof of service or a written waiver of special notice.

A proof of service of special notice or a written waiver of special notice must be presented with each application.

Applies to

Ex parte petition

Every ex parte order petition must be verified and include sufficient evidentiary facts to justify the order.

Each petition for an ex parte order must be verified and must contain sufficient evidentiary facts to justify issuing an order.

Applies to

Probate pleading

Every probate pleading must clearly and completely identify the relief sought or granted.

All probate pleadings must clearly and completely identify the nature of the relief sought or granted.

Applies to

Probate pleading

Must include

caption

The caption of every probate pleading must include the date, time, and location of any scheduled hearing.

The caption of the pleading shall include the date, time and location of any scheduled hearing.

Applies to

Probate pleading

Each probate pleading must identify the attorney of record or state that the party is appearing pro per.

All pleadings shall have identified the attorney of record or state that the party is appearing in pro per.

Applies to

Petition for instructions

Every petition for instructions must include a supporting memorandum of points and authorities with appropriate citations.

All petitions for instructions shall include a memorandum of points and authorities filed in support of the petition, with appropriate citations.

Applies to

Petition for instructions

A petition for instructions must state the specific instructions the petitioner believes the court should order.

The petition shall also set forth the specific instructions which the petitioner believes the court should order.

Applies to

Petition

Other petitions for relief not provided by statute must include a supporting memorandum of points and authorities with appropriate citations.

All other petitions seeking relief which is not provided for by statute, shall include a memorandum of points and authorities filed in support of such relief, with appropriate citations.

Applies to

Probate forms

The listed San Mateo County local probate forms are required where applicable, with PR-19 or a more detailed pleading containing at least all information required by PR-19 permitted as alternatives.

In addition, the Superior Court in San Mateo County requires the use of the following local court forms: 1. Conservatee’s Information and List of Relatives (PR-1) 2. Notification to Court of Addresses for Guardianship (PR-2) 3. Request for Appointment of Probate Referee [Probate Estates] (PR-5) 4. Uncontested Calendar Request [All Probate] (PR-CV-FL-7) 5. Guardianship Affidavit, Questionnaire, and Declaration (PR-18) 6. Confidential Status Report (Conservatorship) (PR-19) (or a more detailed pleading that contains, at the minimum, all of the information that is required in PR 19).

Applies to

Probate forms

Every pertinent item on a form must be completed before the form is submitted to the Probate Clerk for filing.

All pertinent information requested on a form must be completed in its entirety before being submitted to the Probate Clerk’s office for filing.

Applies to

Probate petitions reports accountings objections and responses

Verifications are required for probate petitions, reports, accountings, objections, and responses to petitions, reports, or accountings.

Verifications are required when filing the following probate documents: Petitions, Reports and Accountings, Objections, or responses to Petitions/ Reports/ Accountings.

Applies to

Community property petition

A petition seeking confirmation of non-community-property-form title as community property must allege the facts necessary to establish that legal conclusion.

If record title to property, either real or personal, is not in community property form, and the petitioner seeks confirmation of the property as community property, the petitioner must allege the facts necessary to give rise to the legal conclusion that the property in question is community property including, but not limited to:

Applies to

Community property petition

All relevant deeds must be provided, and any decedent’s will must be lodged and attached to the community-property petition.

All relevant deeds must be provided and decedent’s will, if any, must be lodged and attached to the Petition.

Applies to

Community property petition

When the couple married or lived outside California, the petition must include the required net-worth allegations concerning each entry or re-entry into California.

If the decedent and surviving spouse were married outside California or lived outside California during the marriage, the same allegations required above must be made respecting the decedent’s net worth at the time of entry or each re-entry into California.

Applies to

Community property petition

For post-1985 title transmutations, there must be an express written declaration made, joined in, consented to, or accepted by the adversely affected spouse.

For all transmutations of title to real or personal property made after January 1, 1985, there must be an express written declaration that is made, joined in, consented to, or accepted by the spouse whose interest in the property is adversely affected.

Applies to

Community property petition

A signed document supporting a community- or quasi-community-property claim generally must be attached, but only relevant portions are required for lengthy documents, and a detrimental-disclosure document may be paraphrased if the petition states that the original will be made available to the court.

If the community or quasi-community property claim is based on any document, a copy of the document showing signatures must be attached to the petition. However, if the document is lengthy and only portions of it are relevant to the claim, only the relevant portions need be attached. If it is believed that disclosure of the document would be detrimental, the document or the relevant portions may be paraphrased in the petition accompanied by a statement that a copy of the document itself will be made available to the Court.

Applies to

Election of surviving spouse

An election to administer property passing to a surviving spouse must be supported by a written statement addressing available alternative procedures and acknowledging potentially higher appraisal fees, commissions, and attorney fees.

If the personal representative elects to administer the community, quasi-community, or separate property passing to or belonging to a surviving spouse pursuant to Probate Code, §13502, the election must also be supported by a written statement by the surviving spouse indicating a consideration of the alternative procedures available to the surviving spouse. The written statement must also contain an acknowledgment by the surviving spouse that the inclusion of the property in the administration could result in appraisal fees, commissions, and attorney fees that are higher than if an alternative procedure was used.

Applies to

Petition for probate of will and letters of administration

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

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

Applies to

Petition for probute of holographic will

When a holographic instrument is offered for probate and filed with the petition and supporting papers, a typewritten copy must accompany it.

When a holographic instrument is offered for probate, by filing it with the Court and attaching it to the Petition for Probate and other supporting papers (e.g., proof of Holographic Instrument), a typewritten copy must be accompany the holographic instrument.

Applies to

Petition for probate of foreign language will

An instrument written in a foreign language must be accompanied by an English translation whose accuracy is verified by the translator.

Where an instrument written in a foreign language is offered, it must similarly be accompanied by an English translation, the accuracy of which is verified by the translator.

Applies to

Petition for probate

The petition must list the names and relationships of all heirs who would inherit if the decedent had died intestate, even when the decedent died testate.

Even though a decedent died testate, the petition, as in the case of intestacy, must contain the names and relationships of all the heirs of the decedent. An heir is any person who would be entitled to distribution of a part of the decedent’s estate (including those who would be heirs by virtue of Section 6402.5 if the decedent had a predeceased spouse) if the decedent had died intestate.

Applies to

Petition for probote

The petition must list all contingent heirs and legatees, including persons whose bequests were revoked by a subsequent codicil.

All contingent heirs and legatees must be listed including persons provided for in the will but whose bequests have been revoked by a subsequent codicil.

Applies to

Petition for probote

The petition must state when a named legatee predeceased the decedent or failed to survive the designated period and provide the approximate date of death.

If a named legatee predeceased the decedent or did not survive for the designated survival period, that fact must be stated together with the approximate date of death (counsel is advised to review the notice requirements when a beneficiary has died). Reference: California Rules of Court, Rule 7.51.

Applies to

Petition for probote

Heirs or legatees who died after the decedent must be listed as deceased, with the personal representative's name and address when appointed, and the absence of an appointed representative must be alleged.

If an heir or legatee died after the decedent, that person shall be listed with the notation that he or she is deceased. If a personal representative has been appointed, the deceased heir or legatee shall be listed in care of the name and address of his or her personal representative. If no personal representative has been appointed, that fact shall be alleged (counsel is advised to review the notice requirements when a beneficiary has died). Reference: California Rules of Court, Rule 7.51.

Applies to

Probate petition

A probate petitioner must file a completed form DE-147S with the clerk, who must keep it confidential and outside the public court file.

A petitioner for probate shall file with the clerk a completed form DE-147S, which the clerk shall file confidentially, and not as part of the public court file.

Applies to

Written renunciation

A nominated executor who does not petition as executor must file a written renunciation.

A written renunciation shall be filed by or on behalf of a nominated executor who does not petition as such.

Applies to

Written declination

An individual entitled to priority for letters of administration who declines to act must file a written declination.

Similarly, a written declination shall be filed by or on behalf of an individual who is entitled to priority for issuance of letters of administration, but does not desire to act as such.

Applies to

Petition

If the necessary renunciation or declaration is not filed, the petition must state the reason.

If the necessary renunciation or declaration is not filed, the petition shall indicate the reason.

Applies to

Inventory and appraisement

When a bond is in force, the inventory and appraisement must state on its face above the attorney's signature whether the bond amount is sufficient or insufficient.

If there is a bond currently in force, the inventory and appraisement must disclose on its face, at the place on the form above the attorney's signature, whether the amount thereof is sufficient or insufficient.

Applies to

Substituted judgment petition

Each substituted-judgment petition must include the clear factual showing required by Probate Code section 2583.

A clear factual showing as required by Probate Code Section 2583 shall be included in each petition submitted.

Applies to

Report accompanying account

The report accompanying an account must include a specific allegation explaining the reasons for delayed payment of a funeral-expense claim.

a specific allegation must be made in the report accompanying the account in which credit for such payment has been taken, setting forth reasons for the delay in payment.

Applies to

Creditors claim

A creditor's claim by a personal representative must be identified as such.

A creditor's claim of the personal representative shall be noted as such.

Applies to

Petition for distribution

A petition for distribution must list assets on hand and list and describe property to be distributed in the petition, an accounting schedule, or an incorporated separate exhibit.

The petition for distribution, whether or not an account is waived, must list assets on hand and list and describe the property to be distributed, either in the body of the petition, by a schedule in the accounting, or in a separate exhibit incorporated in the petition by reference.

Applies to

Decree of distribution

The decree of distribution must describe real property by legal description in the body of the decree.

Real property shall be described by legal description in the body of the decree of distribution.

Applies to

Petition for distribution

The petition for distribution must specifically state how the estate will be distributed.

The petition for distribution must state specifically how the estate is to be distributed.

Applies to

Decree of final distribution

The decree of final distribution must specify the permitted uses of retained funds.

The decree of final distribution must specifically set forth the use that may be made of retained funds (e.g., income taxes, closing costs, etc.).

Applies to

Petition for distribution

A petition must not rely solely on a general allegation that distribution follows the will or intestacy laws.

A general allegation that distribution is "in accordance with the terms of the will" or "in accordance with the laws of intestate succession" is insufficient.

Applies to

Petition for distribution

The petition must include the computation supporting the proposed distributions.

The petition must show the computation on which the proposed distributions are based.

Applies to

Decree of distribution

Regardless of whether accounting is waived, the distribution decree must identify each distributee and specifically describe the property or cash to be distributed, including bank account location, number, and amount.

Whether or not an accounting has been waived, the decree of distribution must set forth specifically the manner in which the estate is to be distributed by showing the distributee's name and a description of the property or cash, including bank account location, number and amount, to be distributed.

Applies to

Decree of distribution

The distribution decree may not merely reference allegations in the petition; it must contain the required distribution information itself.

Mere reference to the allegations of the petition is insufficient and not acceptable to the Court.

Applies to

Petition for final distribution

The court will not accept or consider a final-distribution petition unless a final or complete inventory and appraisement has already been filed.

No petition for final distribution will be accepted for filing or considered by the Court unless an inventory and appraisement marked final or complete has already been filed.

Applies to

Petition for distribution

In every case where property character may affect distribution, the petition must allege whether the property is separate or community property.

Whether the decedent died testate or intestate, the petition for distribution must contain an allegation as to the separate or community character of the property in all cases where the character of the property may affect distribution.

Applies to

Written agreement

When distribution departs from the will or intestacy laws, a written agreement signed by every affected party must be on file.

If distribution is to be other than according to the terms of the will or the laws of intestate succession, there must be on file a written agreement signed by all parties affected by the distribution.

Applies to

Assignment

When distribution is made to an assignee of an heir, devisee, or legatee, the assignment and its terms must be on file.

If distribution is to be made to an assignee of an heir, devisee or legatee, the assignment and the terms thereof must be on file.

Applies to

Petition for distribution

For the specified intestate estates, the petition must identify the heirs taking under Sections 6402 and 6402.5, including names, addresses, and blood relationships, or affirmatively state that no such heir exists.

If an intestate decedent leaves neither issue nor surviving spouse and the decedent had a predeceased spouse, the petition must either set forth the names, addresses and line of blood relationships of the heirs who take by virtue of Sections 6402 and 6402.5 or affirmatively allege that there is no heir who takes by virtue of either section.

Applies to

Petition for final distribution

A final-distribution petition must identify the source of payment for any federal and California estate taxes.

The petition for final distribution must address the question of the source of the payment of the federal estate tax and California estate tax, if any.

Applies to

Declaration

When assets are delivered to a minor's parent under Section 3401, a complying declaration must be on file before the decree is signed.

Where delivery of the assets is to be made to the minor's parent pursuant to Section 3401, the declaration by complying with the provisions of that section must be on file before the decree is signed.

Applies to

Depository receipt and agreement

When a depository is used, the depository's receipt and agreement must be filed as required by Section 2328.

Where a depository is to be used, the receipt and agreement of the depository must be filed as required under Section 2328.

Applies to

Declaration

When distribution is made to a custodian under Section 3900 et seq., a complying declaration must be on file.

If distribution is made to a custodian under Section 3900 et seq., a declaration complying with the appropriate section thereunder must be on file.

Applies to

Petition for distribution

When an heir takes by representation, the petition must state the heir's parentage and the approximate date of the parent's death.

If an heir takes by right of representation, the petition must indicate parentage and the approximate date of the parent's death.

Applies to

Petition for final distribution

The final-distribution petition must list every creditor's claim presented and state the disposition of each claim, regardless of accounting waiver or I.A.E.A. status.

The petition for final distribution (whether or not on waiver of accounting and whether or not the personal representative is acting under the I.A.E.A.) must list all creditors' claims presented and indicate the disposition of each claim.

Applies to

Petition for final distribution

The petition for final distribution must state the service date and disposition of any rejected claim, even if that information appeared in an earlier accounting or distribution petition.

This information must be set forth in the petition for final distribution even though it may have been presented to the Court in whole or in part in prior accountings or petitions for distribution.

Applies to

Petition for final distribution

Must include

statement of facts

The petition for final distribution must list and describe all independent acts taken without prior court approval and state that required 15-day advice was waived or duly served and no objections were received.

The petition for final distribution must list and describe all independent acts taken without prior court approval and must contain an allegation that the 15-day advice of proposed action was waived or duly served when required and that no objections were received.

Applies to

Petition for final distribution

The petition should allege a will provision charging estate taxes to the residue; absent an effective source-of-payment clause, it must state the amounts requiring proration or allocation.

If the will has a clause directing the payment of the taxes out of the residue of the estate, this should be so alleged. If, on the other hand, there is no tax clause or there is a tax clause which does not direct the source of payment, the amounts required to be prorated or charged must be stated.

Applies to

Preliminary distribution petition

Must include

statement of facts

A preliminary-distribution petition must state the estate property remaining after distribution and estimate unpaid taxes, claims, and other liabilities.

In addition to the requirements contained elsewhere in this chapter, the petition must state the approximate net value of the property remaining in the estate after the proposed distribution and an estimate of the total amount of unpaid taxes, unpaid claims and other liabilities.

Applies to

Family allowance petition

Must include

statement of facts

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

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

Applies to

Family allowance order

Every family-allowance order must specify a definite duration, and an ex parte order will ordinarily not exceed six months.

All orders will limit family allowance to a definite period of time. If the order is on an ex parte petition, family allowance will normally not be granted for a period exceeding six months.

Applies to

Inventory

For a secured estate loan, an inventory describing the collateral must already be filed before the hearing.

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

Applies to

Borrowing petition

A Section 9800 borrowing petition must state whether the personal representative serves with or without a bond.

The petition under Section 9800 must state whether the personal representative is serving with or without bond.

Applies to

Borrowing petition

If the personal representative serves with a bond, the court must be informed of whether an increased bond is necessary through the petition, pre-hearing supplemental declarations, or hearing testimony.

If with bond, the Court must be advised -- either in the petition or by supplemental declarations filed before the hearing, or by testimony at the hearing -- as to the necessity for an increase in the bond.

Applies to

Notice order

A separate order prescribing notice under Section 9760(c) or (d) must be presented before the operating-business petition is filed.

A separate order prescribing the notice to be given under Section 9760(c) and (d) must be presented to the Court before the petition is filed.

Applies to

Notice order

The court must prescribe reasonable notice and ordinarily requires at least 15 days' notice to potentially affected principal creditors and beneficiaries.

The Court may prescribe any reasonable notice, but does not have the power to dispense with notice. Ordinarily, the Court will prescribe that at least 15 days' notice must be given to the principal creditors and beneficiaries who might be affected.

Applies to

Notice of hearing

Must include

caption

A Section 850 notice of hearing must adequately describe the property, including the street address or, if none exists, the property's location.

All notices of hearing given under Section 850 must contain a description of the property sufficient to give adequate notice to any party who might be interested in the property, including with respect to real property, the street address, or if none, an indication of its location.

Applies to

Declaration and order for discharge

Must include

page count

Counsel must submit the judgment of final distribution and all distributee receipts with the declaration and order for discharge.

To assist the Court in determining whether final discharge should be ordered, counsel shall submit to the Court, along with the declaration and order for discharge, a copy of the judgment of final distribution and of all receipts of the distributees.

Applies to

Declaration and order for discharge

The order in a declaration and order for discharge must be fully completed except for the date and judge's name.

The "order" portion shall be completely filled in except for the date and name of the judge.

Applies to

Petition to establish fact of death

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

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

Applies to

Petition to establish fact of death

For real property, the petition must attach and incorporate a document showing the decedent's interest or state the entire vesting instrument and its recordation data.

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

Applies to

Petition to establish fact of death

For personal property, the petition must particularly state the property's location and description and the decedent's interest in it.

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

Applies to

Temporary conservatorship filing

A temporary conservator appointment requires the listed petitions, orders, service proof when contested, letters, bond certificate for estates, and notice declaration.

Forms necessary for temporary appointment of conservator are as follows: (1) Petition for Appointment of Temporary Conservator (GC-110); (2) Ex Parte Application for Good Cause Exception to Notice of Hearing on Petition for Appointment of Temporary Conservator (Judicial Council form GC-112) and Order on Ex Parte application (Judicial Council form GC-115); (3) Order Appointing Temporary Conservator (GC-141); (4) Proof of service regarding 5-day personal service of ex parte petition to proposed conservatee (if matter contested); and (5) Letters of Temporary Conservatorship (GC-150) and Temporary Bond Certificate (for estates). (6) Declaration Re: Notice of Ex Pate Application for Orders (local form PR-9)

Applies to

Guardianship petition

A guardianship petition must be filed in every guardianship case, including cases seeking only a short-term appointment, and may request guardianship of the person, estate, or both.

A petition may be filed for a guardianship of the person, guardianship of the estate, or both. This petition must be filed in all cases, even if the guardianship is needed for a short period of time.

Applies to

Petition for temporary conservator

A temporary-conservatorship petition must allege both the emergency nature of the facts and good cause for the appointment.

The emergency nature of the facts which are alleged as good cause for the appointment must also be alleged.

Applies to

Petition for temporary conservator

Petitioners must sign their petitions.

Petitions must be signed by the petitioner(s).

Applies to

Notice of ex parte hearing

The ex parte hearing notice must be given to the proposed conservatee and the persons listed in Probate Code Sections 1821 and 1822, comply with CRC 3.1200-3.1207, state whether any entitled person objects, and allege any reasons for shortened or dispensed statutory notice.

E. Notice: Notice of the ex parte hearing must be given to the proposed conservatee (Probate Code, Section 2250) and the persons listed in Probate Code, Sections 1821 and 1822. Notice and the declaration regarding notice must comply with CRC 3.1200-3.1207, and must state whether any person entitled to notice objects to the hearing. Reasons for shortening or dispensing with statutory notice must be alleged.

Applies to

Guardianship forms

Each guardianship form must be completed in full, copied, and returned to the Clerk before the Probate Clerk assigns a case number and hearing date.

Each of the forms must be completed in its entirety, copied, and returned to the Clerk’s office for filing before the Probate Clerk will assign a case number and set a hearing date.

Applies to

Initial guardianship filing

An original and two copies of the eight listed guardianship documents must accompany the initial filing.

The following documents (an original and two (2) copies) must be submitted with the initial filing: a. Notice of Hearing (GC-020) b. Petition for Guardianship (GC-210) c. Confidential Guardian Screening Form (GC-212) d. Guardianship Declaration" (San Mateo County Local Form PR 18) e. Declaration Under UCCJEA (FL-105/GC-120) f. Notification to Court of Addresses for Guardianships (San Mateo County Local Form, PR-2) g. Consent of Guardian, Nomination and Waiver (GC-211) h. Duties of Guardian (GC-248)

Applies to

Inventory and appraisement

A separate Inventory and Appraisement must be filed for each ward when multiple wards are listed under one case number.

B. A separate Inventory and Appraisement shall be filed for the interests of each ward in cases where multiple wards are listed under one case number.

Applies to

Accounting

A separate accounting must be filed for each ward whose estate is subject to guardianship.

C. Separate accountings shall be filed for each ward subject to a guardianship of the estate.

Applies to

Investigation report

When the proposed guardian is a relative, an investigator must be assigned to conduct the investigation and file a written report at least five court days before the hearing.

A. In all cases where the proposed guardian is a relative, the Manager of the Probate Court Investigations Unit shall assign an Investigator who will conduct the investigation and file a written report at least five (5) court days prior to the hearing date.

Applies to

Investigation report

When the proposed guardian is a non-relative, the Department of Children and Family Services must conduct the investigation and file a written report at least five court days before the hearing.

B. In all cases where the proposed guardian is a non-relative, the Department of Children and Family Services will conduct the investigation and file a written report at least five (5) court days prior to the hearing date. “Relative” is defined at Probate Code section 1513(g).

Applies to

Petition

When the guardianship petition is filed at the Department of Youth and Family Services' recommendation, the petition must reference that recommendation and the Department must furnish the supporting report, evaluations, or other relevant documents to the court.

C. If the petition is filed at the recommendation of the Department of Youth and Family Services, the petition shall refer to that Department’s recommendation, and the Department shall furnish to the Court a copy of their Investigation Report, medical or educational evaluations, or other relevant documents concerning the minor upon which they based their recommendation.

Applies to

Proposed order

Must include

proposed order

The petitioner is responsible for preparing all proposed orders.

It is the responsibility of the petitioner to prepare all proposed orders.

Applies to

Temporary guardianship petition

Temporary guardianship requires an original and two copies of each listed additional form.

The additional forms necessary for a temporary guardianship (original and two copies) are:

Applies to

Account and report

A guardian of the estate must file Judicial Council form GC-251 with any account and report and with a request for release of blocked funds.

A guardian of the estate shall file a Confidential Guardianship Status Report” form (Judicial Council form GC-251) to accompany any account and report OR for request for release of blocked funds.

Applies to

Final account

A guardian of the estate must submit a final account before discharge.

Discharge of the guardian of the estate will first require the submission of a final account.

Applies to

Final discharge declaration

After the final account is approved, final discharge requires a separate declaration, a receipt executed by the former ward, and a photocopy of the order settling the account and delivering assets.

After approval of the account, a separate declaration for final discharge must be submitted, together with the Receipt executed by the former ward and a photocopy of the order settling the final account and ordering delivery of assets to the former ward.

Applies to

Final discharge declaration

The final discharge declaration must state the date on which the ward reached the age of majority.

The declaration must state the date on which the ward reached majority.

Applies to

Petition for use of guardianship assets

A petition to use guardianship assets for a minor's support, maintenance, or education must state the parents' financial inability or other circumstances justifying the use.

The petition must set forth the parents' financial inability or other circumstances which in the minor's interest would justify use of the guardianship assets.

Applies to

Petition under sections 3410 3413

A petition under Sections 3410-3413 must state jurisdictional facts, the amount and payer, requested fees and cost reimbursement, requested relief, and reasons the relief serves the minor's interests.

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

Applies to

Blocked account order

An order depositing a minor's funds in a blocked account must direct payment of ordered fees and costs to the persons entitled to them and direct the balance to the specified depository, whose name and address must be included.

The order must provide that the person holding funds shall disburse 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

Blocked account order

The blocked-account order must require the depository's receipt for the funds and a copy of the order to be filed immediately upon deposit.

The order must also provide that the receipt by the depository of the funds and a copy of the order must be filed forthwith upon the deposit of the funds.

Applies to

Depository receipt

The depository receipt must state that the deposited funds may be withdrawn only by court order.

The receipt must acknowledge that the funds may be withdrawn only on court order.

Applies to

Petition for withdrawal of impounded funds

A petition to withdraw impounded funds after the minor reaches majority must include a certified birth certificate or other convincing evidence of age.

A certified copy of the minor's birth certificate or other convincing evidence of the minor's age must be presented with the petition for withdrawal.

Applies to

Petition

Form GC-313 must be filed confidentially with a petition requesting special orders regarding a major neurocognitive disorder.

“Attachment Requesting Special Orders Regarding a Major Neurocognitive Disorder” (GC-313);

Applies to

Order compromising claims of multiple minors

An order compromising multiple minors' claims must state each minor's interest separately and prohibit commingling those interests.

If the order deals with the compromise of claims of more than one minor, the interest of each minor must be separately stated, and the order must provide that there should be no commingling or combining of such interests.

Applies to

Petition for appointment of conservator

A conservatorship petition must be accompanied by five specified forms, including the appointment petition, confidential supplemental information, hearing notice, health-information disclosure order, and capacity assessment.

A. A petition for establishment of a conservatorship requires the following forms: (1) Petition for Appointment of Probate Conservator (GC-310); (2) Confidential Supplemental Information (GC-312); (3) Notice of Hearing (GC-020); (4) Ex Parte Order Authorizing Disclosure of Proposed Conservatee’s Health Information to Court Investigator (HIPPA) (GC-336) (5) Confidential Capacity Assessment & Declaration-Probate Conservatorship(GC-335);

Applies to

Petition for appointment of conservator

The listed forms are Confidential Declaration on Medical Ability to Attend Hearing – Probate Conservatorship (GC-325), Citation (GC-320), Confidential Conservator Screening (GC-314), Duties of Conservator and Acknowledgment of Receipt of Handbook (GC-348), Conservatee’s Information and List of Relatives (Local Court Form PR-1), and Appointment of Probate Referee (Estate) local form.

(6) Confidential Declaration on Medical Ability to Attend Hearing – Probate Conservatorship (GC-325) (7) Citation (GC-320); (8) Confidential Conservator Screening (GC-314); (9) Duties of Conservator and Acknowledgment of Receipt of Handbook (GC-348); (10) Conservatee’s Information and List of Relatives (Local Court Form PR-1); and (11) Appointment of Probate Referee (Estate) local form.

Applies to

Declaration regarding notice

A declaration regarding notice is required for a temporary-conservatorship appointment petition or an ex parte matter.

For petition of appointment of a temporary conservatorship, or for ex parte matters, a declaration regarding notice is required.

Applies to

Certificate of completion

Within six months of appointment, a private non-professional conservator of the person must complete a three-hour course and file a certificate or appear to explain noncompletion.

A private non-professional conservator of the person within six (6) months of appointment must complete a three (3) hour course covering the duties and responsibilities of a conservator of the person. The conservator must file a certificate of completion with the Court to satisfy the requirement or appear to explain why the requirement has not been met.

Applies to

Waiver of bond

A conservatee's waiver of bond must be in writing.

A waiver of bond by a conservatee shall be in writing.

Applies to

Petition

When requesting special orders concerning a major neurocognitive disorder, the listed forms must be filed confidentially with the petition.

the following forms must be filed confidentially with the petition:

Applies to

Petition

Form GC-335 must be filed confidentially with a petition requesting special orders regarding a major neurocognitive disorder.

“Confidential Capacity Assessment & Declaration-Probate Conservatorship” (GC-335); and

Applies to

Petition

Form GC-325 must be filed confidentially with a petition requesting special orders regarding a major neurocognitive disorder.

Confidential Declaration on Medical Ability to Attend Hearing – Probate Conservatorship (GC-325).

Applies to

Capacity declaration

The capacity declaration must reflect an examination of the proposed conservatee within 120 days of filing unless good cause is shown through a declaration.

The Capacity Declaration must reflect an examination date of the proposed conservatee within 120 days from the date of filing, unless good cause is shown. Good cause may be established through a declaration.

Applies to

Petition worksheet

The court must mark the Petition Worksheet confidential when filed and keep it in the court's confidential file.

The Petition Worksheet (item 3 above) shall be marked confidential by the Court at the time of filing and shall be kept in the Court’s confidential file.

Applies to

Capacity declaration

In every case type requiring a Confidential Capacity Assessment & Declaration, the examination must occur within 120 days of the petition's filing date unless good cause is shown through a declaration.

In all case types, whenever a Confidential Capacity Assessment & Declaration is required, it must reflect an examination date of the proposed conservatee within 120 days of the filing date of the petition, unless good cause is shown. Good cause may be established through a declaration.

Applies to

Doctor declaration

When psychotropic medications treat another medical condition and the conservatee lacks consent capacity, the conservator must file a doctor's declaration explaining that the medications are not for a major neurocognitive disorder.

the conservator shall file a doctor’s declaration explaining that the medications are not for the treatment of a Major Neurocognitive Disorder.

Applies to

Accounting records affidavit

A person submitting accounting records must file an affidavit captioned “CONFIDENTIAL FINANCIAL STATEMENT” describing the attached records’ confidential or personal information.

Any person who is submitting records as required pursuant to Prob.C. § 2620 shall file an affidavit captioned “CONFIDENTIAL FINANCIAL STATEMENT” that describes the character of the documents attached to it as described in Prob.C. § 2620(c)(7) [confidential or personal information contained in the accounting records].

Applies to

Confidential lodged financial statements

Must include

local rule certificate

Individuals lodging records must physically attach completed Form PR-27 and electronically lodge the records.

Individuals who “Lodge” their records under this Rule shall: (1) Physically attach a completed Receipt for Confidential Lodged Financial Statements (Form PR-27) (2) Electronically lodge records

Applies to

Petition for appointment of conservator

A petition nominating a private professional conservator must attach that conservator’s hourly rate.

At the time a private professional conservator is nominated to serve as conservator, the petitioner must attach the professional conservator’s hourly rate to the petition for appointment of conservator.

Applies to

Notice of death of conservatee

The conservator must file a Notice of Death of Conservatee with a certified death certificate attached within 60 days.

Upon the death of a conservatee: (a) The conservator shall file a Notice of Death of Conservatee with a certified copy of the death certificate attached within 60 days.

Applies to

Declaration for final discharge

Final discharge requires a separate declaration, receipts from all persons receiving the conservatee’s property, and a copy of the order settling the final account and directing asset delivery.

Discharge of the conservator will not be made in the order settling final account. A separate declaration for final discharge must be submitted, together with the receipts executed by all persons receiving conservatee’s property thereunder and a copy of the order settling the final account and ordering delivery of the assets.

Applies to

Petition

Each petition must include a clear factual showing of the information required by Probate Code sections 3121, 3122, and 3123.

A. Petition: A clear factual showing of the information set forth in Sections 3121, 3122 and 3123 shall be included in each petition submitted.

Applies to

Order appointing trustee

The order appointing the trustee must state all trust terms and include all powers and duties concerning the trust estate.

The order appointing the trustee must contain all the terms of the trust and the trustee must have all the powers and duties in respect to the trust estate set forth in the order.

Applies to

Court created trust

Unless the court orders otherwise for good cause, a trust created by court order must protect trust assets against misuse and provide for continuing court supervision.

Any trust that is created by court order (including trusts created under the “substituted judgment” provisions of Probate Code section 2580 et. seq. and trusts created under the provisions of Probate Code section 3100 et. seq. relating to particular transactions for disabled spouses, and Section 3600 et seq. relating to the compromise of claims of minors and incompetent adults), shall, unless otherwise ordered by the court upon good cause shown, contain provisions providing for protection of the trust assets against misuse and for continuing supervision by the Court.

Applies to

Special needs trust

When applicable, a court-created special needs trust must include the Medicaid payback provision required by 42 USC 1396(d)(4)(a).

A payback provision, if applicable, must be inserted as required by 42 USC 1396(d)(4)(a) for repaying of benefits paid by Medi-Cal or any other Medicaid agency.

Applies to

Special needs trust

An order creating a special needs trust under section 3602 or 3611 must require listed governmental statutory liens to be satisfied before funds are transferred to the trust.

A court order creating a special needs trust under Section 3602 or 3611 shall include a provision that all statutory liens in favor of the State Department of Health Services, the State Department of Mental Health, the State Department of Developmental Services and any county or city and county in this state shall first be satisfied prior to transferring funds to the special needs trust.

Applies to

Stipulation for court commissioner

A case assigned to a commissioner may use Local Form AD-10, and the stipulation must be filed before the first hearing.

When a case is assigned to a commissioner, Local Form AD-10, Stipulation for Court Commissioner to Act as Temporary Judge for All Purposes is available to the parties and shall be filed before the first hearing.

Applies to

Electronic correspondence

Every email to the Family Law Commissioner must include the case number and case name in the subject line.

All communications to the department email address for the Family Law Commissioner must include in the header “subject line” the Case Number and Name of Case (e.g., 19FAM06543 Smith v. Jones).

Applies to

Ex parte custody order

An ex parte custody-order request must include information about existing custody orders and prior related referrals to law enforcement or child protective services in the supporting affidavit or declaration.

In addition to those requirements set forth in Rule 5.151(d)(5), California Rules of Court, a party requesting an ex parte custody order shall include information on any existing custody order(s) and the status of any previous related referrals to any law enforcement agency or child protective services in their supporting affidavit/declaration.

Applies to

Ex parte residence exclusion order

An ex parte residence-exclusion order requires a clear Family Code §6321 showing with a full description of the most recent relevant facts and the date of each occurrence.

Ex parte residence exclusion orders will not be issued unless there is a clear showing, under Family Code §6321. The showing must include a full description of the most recent instance(s) of actual assault, or threats to assault, disposition towards violence, substance abuse or other such facts, and shall specify the date of each occurrence.

Applies to

Request for order

For any custody or visitation Request for Order, including disputed matters, the moving party must complete Family Court Services form FCS-04 and submit it to Family Court Services at the scheduled appointment rather than filing it with the court.

When filing a Request for Order regarding custody or visitation, whether disputed or not, the moving party must also complete a Family Court Services Information Sheet. (See Local Court form FCS-04 ) This is not to be filed with the court, rather submitted to Family Court Services at the time of the scheduled appointment.

Applies to

Status conference statement

At least five calendar days before the initial Status Conference, the parties must file a completed Status Conference Statement using Local Court Form FL-03 and may jointly prepare it.

At least 5 days prior to the initial Status Conference the parties shall file with the court and serve on all other parties a completed Status Conference Statement (see Local Court form FL-03) a copy of which is available at the clerk’s office or through the court’s website: www.sanmateo.courts.ca.gov. The parties may elect to file a jointly prepared Status Conference Statement.

Applies to

Mandatory settlement conference statement

Both parties must prepare a Mandatory Settlement Conference Statement.

Both parties shall prepare a Mandatory Settlement Conference Statement

Applies to

Income and expense declaration

If support or fees are at issue, both parties must also prepare a current income and expense declaration.

if support or fees are at issue, a current income and expense declaration

Applies to

Short cause trial statement

Failure to timely serve and file the trial statement may result in sanctions against counsel.

Failure to timely serve and file the trial statement shall subject the offending counsel to sanctions.

Applies to

Short cause trial statement

When a short-cause case presents complex or novel legal issues or the California Rules of Court require them, parties must file legal points and authorities with the short-cause trial statement.

7. Memorandum of Points and Authorities: When a case involves complex or novel points of law or the California Rules of Court require it, the parties shall file legal points and authorities along with their short cause trial statement.

Applies to

Trial brief

Trial briefs are required in long-cause trials.

5. Trial Briefs: Trial briefs are required.

Applies to

Trial brief

A long-cause trial brief must include legal points and authorities when the case presents complex or novel law or the California Rules of Court otherwise require them.

If a case involves complex or novel points of law or otherwise required by California Rules of Court, the trial brief shall include legal points and authorities.

Applies to

Declaration of supervised visitation provider nonprofessional

Nonprofessional visitation supervisors must file Form FL-324(NP) before serving as visitation supervisors.

Non-professional visitation supervisors are required to file the Declaration of Supervised Visitation Provider (Nonprofessional) (form FL-324(NP)) prior to serving as a visitation supervisor.

Applies to

Trial brief

Long-cause trial briefs must be exchanged in the manner specified in Appendix 2 and California Rules of Court Rule 5.394.

Trial briefs shall be exchanged as set forth in Appendix “2” (See Rule 5.394 of the California Rules of Court).

Applies to

Preliminary declaration of disclosure

Preliminary declarations of disclosure must be prepared and served in compliance with Family Code sections 2103 and 2104.

All preliminary declarations of disclosure (“DOD”) shall be prepared and served in compliance with Family Code §§ 2103 and 2104.

Applies to

Final declaration of disclosure

Final declarations of disclosure must be prepared and served under Family Code section 2105 unless the parties mutually waive them under section 2105(d).

All final DOD’s shall be prepared and served in compliance with Family Code §2105, unless mutually waived in compliance with Family Code §2105(d).

Applies to

Judgment on property rights

Absent good cause, each party must execute and serve the declaration of disclosure and file proof of service before entry of a judgment concerning property rights.

Pursuant to Family Code § 2106, absent good cause, no judgment regarding the parties’ property rights shall be entered without each party executing and serving their respective DOD and filing their respective proof of service of the DOD.

Applies to

Declaration of supervised visitation provider professional

Professional visitation providers must file Form FL-324(P) before serving in each case and refile it with reports submitted under CRC 5.20(j)(3).

Professional visitation providers are required to file Declaration of Supervised Visitation Provider (Professional) (form FL-324(P)), in each case prior to serving as a visitation supervisor for those parties. This form must also be refiled with any reports filed under CRC 5.20(j)(3).

Applies to

Financial disclosure

When a financial matter is at issue, each party must completely disclose relevant financial information to the other party and the court.

The parties must completely disclose all relevant financial information to each other and the court whenever a financial matter is at issue.

Applies to

Income and expense declaration

A case may not proceed to hearing unless each side has completed, filed, and served current Income and Expense Declarations.

A case may not be heard unless current Income and Expense Declarations have been completed by each side, filed with the court, and served on the opposing party.

Applies to

Income and expense declaration

An Income and Expense Declaration must be executed within 60 days of the hearing, and one executed more than six months before the hearing is never sufficient.

An Income and Expense Declaration is current if it is executed within 60 days of the hearing. ... However, in no event will an Income and Expense Declaration executed more than 6 months prior to the hearing be sufficient.

Applies to

Moving or responding papers

If a previously filed Income and Expense Declaration is asserted to be current, a copy must be attached to the moving or responding papers.

If a previously filed Income and Expense Declaration is claimed to be current, a copy must be attached to the moving or responding papers.

Applies to

Income and expense declaration

All applicable blanks on the Income and Expense Declaration must be completed, using appropriate explanatory notations when needed.

All applicable blanks on the form must be completed (notations such as “not applicable,” “none,” “estimated,” or “unknown” should be used where appropriate.

Applies to

Income and expense declaration

Failure to comply with the Income and Expense Declaration requirements may result in legally authorized sanctions or dismissal of the matter when the failure causes delay.

The court may impose sanctions as permitted by law, or dismiss the matter, if delay results from the failure of either party to comply with these requirements.

Applies to

Income and expense declaration

Wage earners must attach three recent pay stubs for all jobs and the most recent W-2 and/or 1099 forms to every Income and Expense Declaration.

Wage earners must attach three most recent pay stubs for all jobs and their most recent W-2 and/or 1099 forms to all Income and Expense Declarations.

Applies to

Income and expense declaration

A self-employed party must provide a profit-and-loss statement, financial statement, or other schedule showing compensation for the current year to date and the prior year.

If self-employed, a party must provide a profit and loss statement, financial statement or other schedule reflecting all compensation received by that party for the year to date and for the prior year.

Applies to

Income and expense declaration

A self-employed party must clearly identify and itemize all gross self-employment income and business expenses.

All gross self-employment income and all business expenses must clearly be identified and itemized.

Applies to

Income and expense declaration

A party receiving rental income, including from roommates, must disclose it in a summary document covering current-year-to-date and prior-year receipts, deposits, reimbursements, and expenses.

Rental income received by a party (including from roommates) must be disclosed in a summary document reflecting all rental receipts, deposits, reimbursements, and expenses for the current year to date and for the prior year.

Applies to

Income and expense declaration

An unemployed party’s declaration must describe prior employment, gross and net income, termination reasons, and current job-seeking efforts.

If a party is unemployed, a declaration must describe previous employment, gross and net income derived there from, reasons for termination of employment and the current efforts undertaken by the party to seek work.

Applies to

Income and expense declaration

When other household members produce income, the declaration must state their income, relationship, household-expense contributions, and any financial arrangement with the party.

If there are other income producing household members, a declaration must specify: their income(s), the household member(s) relationship to the party, their contribution(s) to household expenses, and any financial arrangement between the party and that household member(s).

Applies to

Income and expense declaration

When the other party’s income is unknown, the declaration must include known information about employment, education, licenses, age, health, and supported children.

If the other party’s income is unknown, a declaration must include the following information if known: prior employment history including employer’s name, position(s) held, duration of employment, earnings, and reason for termination of employment; educational background and degrees; licenses held; age; health; and any other supported children.

Applies to

Income and expense declaration

A party receiving retirement benefits must submit documentation and a declaration identifying each benefit type and amount received.

If a party is receiving retirement benefits, that party must submit documentation of and a declaration that specifies the type of retirement benefit(s) received and the amount being received from each benefit.

Applies to

Income and expense declaration

Incarceration must be disclosed in a declaration, including the place of incarceration and expected release date if known.

If a party is incarcerated this fact must be disclosed on a declaration including the place of incarceration and the expected date of release, if known.

Applies to

Income and expense declaration

The attorney-fees and costs section must be fully completed, including the hourly rate, fees and costs paid to date, and fees and costs outstanding, even if no fees are requested.

The section on attorney’s fees and costs must be full completed including the hourly rate, even if attorney’s fees have not been requested, along with the amount of fees and costs paid to date and fees and costs outstanding.

Applies to

Income and expense declaration

A party who has or will receive bonuses must provide a schedule stating the most recent bonus amount and date and the expected next bonus date and amount, if known.

If a party has or will receive bonuses, a schedule of bonuses, setting forth the amount and date of the most recent bonus, the date on which the next bonus is expected to be received, and the amount of the next bonus (if known) must be provided.

Applies to

Income and expense declaration

A party receiving overtime must state that fact in the declaration and describe its frequency if variable.

If a party receives overtime, a declaration must include a statement of overtime and a description of the frequency of overtime if the receipt varies.

Applies to

Child support add on request

A moving party requesting child-support add-ons must specify each requested add-on amount, if known, and provide documentary proof of the expense.

When requesting add-ons to child support, the moving party must specify the actual amount of each add-on expense that is being requested (if known) and documentary proof that the expense is being incurred.

Applies to

Income and expense declaration

A party receiving public assistance must disclose that fact and any applicable aid or Department of Child Support Services identification or file number in the Income and Expense Declaration.

A party receiving public assistance benefits shall disclose that fact, including the appropriate aid and/or Department of Child Support Services identification or file number, in the appropriate section of the Income and Expense Declaration.

Applies to

Stipulation

All child-support stipulations must include a support calculation printout generated by Judicial Council-certified software.

C. Child Support Proceedings: all stipulations regarding child support shall include a support calculation printout from software certified by the Judicial Council.

Applies to

Stipulation

When a stipulated child-support amount is below the guideline amount, specified acknowledgments must be included unless a party or child receives public assistance.

1. If the stipulated amount falls below guideline as set forth in the attached calculation the following language must be included, except where either of the parties or children is receiving public assistance:

Applies to

Stipulation

When a stipulated child-support amount exceeds the guideline amount, the stipulation must explain that a change of circumstances is required to reduce the amount downward unless the stipulation states otherwise.

2. If the stipulated amount is above guideline, language must be included that the parties understand that a change of circumstances is required to modify the amount downward, unless the stipulated amount indicates a change of circumstance is not required.

Applies to

Order

All orders involving the Department of Child Support Services must include the listed provisions.

D. All orders involving the Department of Child Support Services shall include the following provisions:

Applies to

Order

Orders involving the Department of Child Support Services must direct that payments be made by wage assignment to the California State Disbursement Unit at the specified address.

All payments shall be made by wage assignment payable to the California State Disbursement Unit, P.O. Box 989067, West Sacramento, CA 95798-9067;

Applies to

Order

The payor must provide specified identifying, income, employer, and residential information to the Department of Child Support Services.

The Payor must provide the Department of Child Support Services with their date of birth, social security number, income information, employer’s name, employer’s address, and residential address.

Applies to

Order

The payor must notify the Department of Child Support Services in writing within 48 hours of any change in address, income, or employment.

The Payor must notify the Department of Child Support Services in writing with 48 hours of any change of address, income or employment.

Applies to

Order

The payor must provide health insurance for the children in the action when it is available at no or reasonable cost through the payor’s employment.

The Payor shall provide health insurance for the child/children in the action, if available at no or reasonable cost through their employment.

Applies to

Order

The payor must provide documentation proving health-insurance coverage to the Department of Child Support Services within 48 hours.

The Payor shall provide documentation showing proof of health insurance coverage to the Department of Child Support Services within 48 hours.

Applies to

Exit order

Juvenile Court exit orders determining custody, visitation, or restraining contact must be filed in any existing related family law, probate, or criminal proceeding.

Any exit orders of the Juvenile Court determining custody, visitation or restraining contact over a child who is a dependent or a ward of the court shall be filed in any existing family law, probate or criminal proceeding involving the child and his/her parent or caregiver.

Applies to

Mandatory settlement conference statement

The Mandatory Settlement Conference Statement must include a brief statement of facts addressing marriage, separation, marital status, each party’s age and employment status, and any minor children.

A. A brief statement of facts: If the parties are married, include the date of marriage, date of separation, whether marital status has been terminated, the age and employment status of each party. If the parties have minor children, specify and the name and age of each minor child and where they reside.

Applies to

Mandatory settlement conference statement

The Mandatory Settlement Conference Statement must summarize prior court proceedings and any temporary orders or stipulations currently in effect.

B. History of the Proceedings: Summarize prior court proceedings and any temporary orders or stipulations that are in effect;

Applies to

Mandatory settlement conference statement

The Mandatory Settlement Conference Statement must provide dates for the exchange of Preliminary Declarations of Disclosure and provision or waiver of the Final Declaration of Disclosure, and describe outstanding discovery.

C. Discovery: Provide the date that the Preliminary Declarations of Disclosure were exchanged; the date that the Final Declaration of Disclosure was provided or whether there was a stipulation to waive; and detail any discovery that remains outstanding.

Applies to

Mandatory settlement conference statement

For each item of separate property, the statement must list the acquisition date, separate-property basis, current market value, encumbrance information, and present vesting of title.

(A) Separate Property: List of each item of separate property, and include the following information: i) the date it was acquired; ii)the basis upon which it is claimed as separate rather than community property; iii) the current market value; iv) the nature, extent and terms of payment of any encumbrance against the property; and, v) the manner in which title thereto is presently vested.

Applies to

Mandatory settlement conference statement

For each item of community property, the statement must list the acquisition date, community-property basis, current market value, encumbrance information, and present vesting of title.

(B) Community Property: List of each item of community property, and include the following information: i) the date it was acquired; ii) the basis upon which it is claimed as community property; iii) the current market value; iv) the nature, extent and terms of payment of any encumbrance against the property; and, v) the manner in which title thereto is presently vested.

Applies to

Mandatory settlement conference statement

The statement must fully identify funds held by others and provide the policy or account information, present values and calculation bases, withdrawal conditions, and details of any loans; loan details should be included when applicable.

(C) Funds Held by Others: To the extent that either separate property or community property consists of funds held by others, such as insurance policies, pensions, profit sharing, or other trust or retirement funds the statement shall fully identify the policy or fund, and include the following information: i) policy, serial or account number; ii) the present values and basis for calculations; iii) all terms or conditions imposed upon withdrawal of such funds. If any loans exist against any of these funds, the details regarding those loans should be set forth.

Applies to

Mandatory settlement conference statement

When segregation of community and separate property interests in one asset is an issue, the statement must detail relevant dates, values, dollar amounts, transactions, and the basis for computation or proration.

(D) Tracing: If a segregation of community property and separate property interests in a single asset is to be an issue in the case, the statement shall set forth in detail, the dates, values and dollar amounts, the transactions relevant to the tracing issues as well as the basis for computation or proration.

Applies to

Mandatory settlement conference statement

The statement must separately list community-liability debts and known alleged separate-liability debts, specifying the creditor, purpose, date incurred, balance, payment terms, and any creditor security.

(E) Current Obligations: Separately list all debts and obligations of the spouses that are liabilities of the community and, so far as known, debts and obligations that are alleged to be the separate liabilities of the respective spouses. Specify: i) the identity of the creditor; ii) the purpose for which the debt was incurred; iii) the date on which the debt was incurred; iv) the balance currently due; v) terms of payment; and, vi) the security, if any, held by creditor.

Applies to

Order

Must include

proposed order

The mandatory form order appointing a special master must be submitted to the assigned civil judge.

In regard to appointment of special masters, the court designates its form order entitled “Order Appointing Special Master[Local Form number CV-67]” as the mandatory order to be submitted to the assigned civil judge.

Applies to

Motion to suppress

A motion to suppress under Penal Code Section 1538.5 must identify the property or evidence, state the theories relied upon, and cite supporting authorities.

Written motions filed pursuant to Penal Code Section 1538.5 shall specifically describe and list the property or evidence which is the subject of the motion to suppress. Furthermore, the motion and supporting documents shall specifically state the theory or theories relied upon, and cite the specific authority or authorities offered in support of such theory or theories.

Applies to

Ex parte application

Must include

case number

Access to a sealed report requires an ex parte application stating the case number, case title, and reasons and basis for the request.

File with the Court an Ex Parte Application for an Order to view the report. This Ex Parte application must state the case number, title of the case, and the reasons and basis for your request to gain access to the sealed report.

Applies to

Ex parte application

Applications to view sealed law-enforcement reports containing victim or witness information must be scheduled on the Presiding Judge’s daily ex parte calendar heard from 2:00 PM to 3:30 PM.

All Ex Parte Applications for an Order to view a sealed law enforcement report containing victim/witness information under this Rule must be scheduled for the Presiding Judge’s Ex Parte hearing calendar that is heard daily between 2:00 PM to 3:30 PM.

Applies to

Informal discovery request

The defendant or attorney must make the informal discovery request in writing and file the original with the police agency that issued the citation.

The defendant or his/her attorney must make this request in writing and the original is to be filed with the police agency that issued the citation.

Applies to

Joint recommendation

The parties must meet and confer and present a joint recommendation to the Court concerning the protocol for using exhibits at trial.

The Parties shall meet and confer to discuss a protocol for use of exhibits at trial and present a joint recommendation to the Court.

Applies to

Proposed exhibit protocol

Counsel must present a proposed protocol for presenting hearing exhibits to witnesses and using impeachment documents.

Counsel must also present a proposed protocol for the presentation of hearing exhibits to witnesses during their hearing testimony, and for use of any impeachment documents with a witness.

Applies to

Special needs trust

A court-created special needs trust will ordinarily provide for appointment of a successor trustee subject to court approval.

Provisions for appointment of a successor trustee on approval of the court.

Applies to

Stipulation consenting to temporary judge

When a case is assigned to a temporary judge, litigants are asked to sign a consent stipulation; without consent, the case must be reassigned that day or continued.

If a case is assigned to a temporary judge, litigants will be asked by the clerk in the assigned trial department to sign a stipulation consenting to that temporary judge. If consent to a temporary judge is not obtained, the case shall be referred to the Supervising Family Law Judge for assignment that day to an available judicial officer or continued to a convenient date on another calendar.

Applies to

Jury instructions verdicts or findings

Instructions, verdicts, or findings that the trial judge intends to give or use on the court's own motion should be delivered to counsel.

In the event the trial judge intends to give any instructions or use any form of verdict or findings on the court's own motion, such instructions, verdicts or findings should be delivered to counsel.

Applies to

Requested jury instruction

The trial judge should sign each requested instruction, indicate its disposition, and have the clerk file it thereafter.

The trial judge should sign each requested instruction and indicate the disposition thereof, all of which shall be thereafter filed by the clerk.

Applies to

Juror questionnaire

The trial judge has discretion to determine whether to permit the proposed juror questionnaire.

The trial judge has discretion to determine whether a juror questionnaire will be allowed.

Applies to

Proposed order

Must include

proposed order

When a granted motion has a mandatory Judicial Council form order, the prevailing party should complete the form and submit it with a copy of the tentative ruling.

If the proposed order is for a motion that the Court granted and there is a mandatory Judicial Council form order (such as a motion to withdraw as counsel), the prevailing party should complete the Judicial Council form and submit it along with a copy of the tentative ruling.

Applies to

Ex parte application

An emailed courtesy copy must identify the case caption, state the appropriate ex parte designation, and include the hearing date and time in the subject line.

The subject line must include the case caption and state “Ex Parte Application” or “Opposition to Ex Parte Application” along with the date and time of the hearing.

Applies to

Stipulation to judicial arbitration

A written stipulation to judicial arbitration is treated as having no award limit unless it expressly states otherwise.

A written stipulation to judicial arbitration will be deemed to be without a limit as to the amount of the award unless it expressly states otherwise.

Applies to

Supporting papers

Supporting papers filed after the moving papers must display the scheduled hearing date on the face sheet.

Supporting papers filed after the moving papers must show the scheduled hearing date on the face sheet.

Applies to

Petition for instructions

Petitions for instructions may be used only when no other procedure is provided by statute.

The use of petitions for instructions is limited to those matters for which no other procedure is provided by statute.

Applies to

Confidential status report

The conservator may submit Local Court Form PR-19 or a more detailed pleading, but the submission must include all information required by PR-19.

A local form “Confidential Status Report (PR-19)” may be submitted or, the conservator may submit a more detailed pleading as appropriate under the circumstances but it must include all the information required in Local Court Form PR-19.

Applies to

Decree of distribution

The decree should distribute property directly to the minor or conservatee while requiring actual payment or delivery to the guardian or conservator.

The decree should provide for distribution of the property to the minor or the conservatee rather than to the guardian or conservator, but must provide that actual payment or delivery be made to the guardian or conservator.

Applies to

Advice of proposed action

Originals of the advice of proposed action and attached mailing declarations must be available, although they need not be filed with the court.

The originals of the advice of proposed action with attached declarations of mailing must be available but need not be filed with the Court.

Applies to

Notice of withdrawal

An attorney may withdraw from a probate proceeding by filing a noticed motion, a substitution of attorneys, or a notice of withdrawal consented to by the personal representative that contains the relevant address.

If an attorney wishes to withdraw from a probate proceeding as the attorney of record, they may do so by filing a noticed motion, a substitution of attorneys, or a notice of withdrawal consented to by the personal representative and containing the address of the personal representative or the substituted attorney.

Applies to

Consent of guardian nomination and waiver

Form GC-211 must be submitted for the guardian’s consent, but its nomination and waiver provisions are optional, and the form may be submitted in counterpart.

Consent of Guardian, Nomination and Waiver (GC-211) - this is a multi-purpose form, and must be submitted for the “Consent” of the guardian. The nomination and/or waiver provisions are optional. This form may be submitted in counterpart.

Applies to

Guardianship declaration

The Guardianship Declaration should provide specified information concerning parental suitability, the minor’s identity and needs, childcare, education, housing, finances, physician, and other relevant facts.

The Guardianship Declaration (Local Form, PR 18) should include the following information to assist the Court Investigators and the Court: a. Specific reasons why parents are not suitable b. Complete legal name, any other names used for the minor c. Development of the minor, whom minor has resided with since birth, and any special emotional, psychological, or physical needs; and ability of guardian to meet these needs. d. Daycare arrangements, if any; name, address and telephone number of person or facility providing care e. Schooling/education plan and any special needs f. Housing arrangements, own room or sharing g. Financial support and source h. Name and telephone number of physician i. Other relevant information

Applies to

Guardianship declaration

Facts intended to remain confidential should be included in the Guardianship Declaration, directed to the Court Investigator, and labeled “For Confidential Use Only.”

Other relevant information (facts which should be revealed to the court but which the petitioner wishes to have remain confidential should be addressed to the Court Investigator and labeled, “For Confidential Use Only.”)

Applies to

Petition for compromise of minor claim

A minor's claim-compromise petition should state the minor's birth date, residence, and parents' names and addresses.

In addition to the requirements of Section 2506 and Cal. Rules of Court Section 241, the petition for compromise of a claim for a minor should show the date of birth of the minor, the minor's place of residence, and the names and addresses of the minor's parents.

Applies to

Current medical reports

Current medical reports containing a diagnosis and prognosis should accompany the petition or be submitted at the hearing.

Current medical reports, giving a diagnosis and prognosis of the minor's or conservatee's condition should be attached to the petition or submitted to the Court at the time of the hearing.

Applies to

Waiver of bond

A conservatee should be prepared to reaffirm the bond waiver in open court and describe the circumstances surrounding its execution.

In addition, the conservatee should be prepared to reaffirm his or her waiver in open court and to describe the circumstances surrounding the execution of the written waiver.

Applies to

Petition

When exclusive medical authority has not previously been ordered, the conservator should use Form GC-380 and provide the previously specified documents.

The conservator should use GC-380 and provide the same documents as set forth above.

Applies to

Petition

When seeking to modify an existing exclusive medical-consent order, the conservator should use Form GC-380 and identify the petition as a modification of an existing order.

The conservator should use GC-380 and inter-lineate that the petition is for modification of an existing order.

Applies to

Waiver of account request

A request and order of waiver of account using Judicial Council form GC-410, together with an affidavit stating the estate qualifies, must be submitted for every accounting period for which a waiver is sought.

A written request in the form of the Request and Order of Waiver of account, Judicial Council form GC-410 along with an affidavit, stating that the estate does qualify for the waiver, must be submitted for every accounting period in which a waiver is sought.

Applies to

Original account statements

Covered fiduciaries, guardians, and conservators must lodge original account statements with the court rather than file them.

California Licensed Professional Fiduciaries or licensed guardians or conservators who are required to file original account statements with the court under Prob.C. § 2620(c)(3) shall “Lodge” those records with the court rather than filing them as permitted under this code section.

Applies to

Confidential status report

Unless the court waives the requirement, every conservator must file a Confidential Status Report at the specified court review or when filing an accounting, excluding the six-month review.

Unless waived by the Court, every conservator shall file a Confidential Status Report at the time of the court review, excluding the six (6)-month review, or upon the filing of an accounting.

Applies to

Status report

The Public Guardian may use another format instead of the required Confidential Status Report, but must include all required report information.

The Public Guardian is exempt from the use of the “Confidential Status Report” form that is required in paragraph “A” above. However, all of the information required in the report must be included if another format is used.

Applies to

Petition for periodic payment

A petition for periodic payment must comply with Probate Code section 2643 and California Rules of Court, Rule 7.756.

Petitions for periodic payment must comply with Probate Code section 2643 and California Rules of Court, Rule 7.756.

Applies to

Special needs trust

A court-created special needs trust for an incompetent person will ordinarily be required to contain specified provisions.

A special needs trust created by order of the court for the benefit of an incompetent person will ordinarily be required to contain the following provisions:

Applies to

Special needs trust

A court-created special needs trust will ordinarily require every noncorporate trustee to post a bond in the amount required by Probate Code section 2320.

Requirement that all trustees except corporate trustees post a bond in the amount required by Probate Code Section 2320.

Applies to

Special needs trust

A court-created special needs trust will ordinarily require an accounting to the beneficiary and, when directed by the court, to the Probate Court consistent with Probate Code sections 1060 et seq.

Requirement of an accounting to the beneficiary, and to the Probate Court if required by the Court, consistent with Probate Code Sections 1060 et. seq.

Applies to

Special needs trust

A court-created special needs trust will ordinarily contain notice requirements for trust termination, the beneficiary's death, and additions to the trust.

Notice requirements on termination of the trust or death of beneficiary, and for any additions to the trust.

Applies to

Special needs trust

A court-created special needs trust will ordinarily provide for distribution to residual beneficiaries after the required Medicaid payback is made.

Dispositive provisions for distribution to residual beneficiaries after any payback required by 42 USC 1396 (d) (4)(2) has been made.

Applies to

Conservatee trust

A trust created for a conservatee under Probate Code section 2580 will ordinarily be required to include specified provisions.

A trust created for a conservatee under Probate Code Section 2580 will ordinarily be required to include the following provisions:

Applies to

Conservatee trust

A trust created for a conservatee will ordinarily require the trustee to file reports and accounts for review with the conservatorship review.

Requirement that the trustee shall file reports and accounts to be reviewed in conjunction with the review of the conservatorship.

Applies to

Conservatee trust

A trust created for a conservatee will ordinarily require prior court approval for trustee acts that would require approval if the trustee administered the estate as a conservator.

Prior court approval shall be required for his or her acts, where such approval would be required if the Trustee were administering the estate as a conservator.

Applies to

Discovery motion

If the Informal Discovery Conference does not resolve a discovery dispute, any party may file and calendar a motion to compel or other discovery motion before the assigned Family Law Judge.

If any discovery dispute is not resolved following the Informal Discovery Conference, any party may proceed to file and calendar hearing on a motion to compel or other discovery motion in the department of the Family Law Judge assigned to that case

Applies to

Motion

Orders to Show Cause, Requests for Orders, and motions must be presented in the sequence prescribed by the rule.

Participants shall present Orders to Show Cause, Request for Orders, and motions in the following order:

Applies to

Good cause declaration

Good cause may be established by a declaration signed under penalty of perjury with sufficient supporting facts or by evidence at a court hearing.

“Good cause” may be established by a declaration signed under penalty of perjury, stating sufficient supporting facts or at a court hearing.

Applies to

Income and expense declaration

The Income and Expense Declarations are deemed received in evidence at the hearing but remain subject to amendment and cross-examination.

The Income and Expense Declarations shall be deemed to be received in evidence at the hearing, subject to amendment and cross-examination.

Applies to

Income and expense declaration

Examination concerning matters covered by the Income and Expense Declaration is permitted only in exceptional circumstances and ordinarily concerns unusual items inadequately explained in the declaration.

Examinations on matters covered by the Income and Expense Declaration will be heard only under exceptional circumstances within the court’s discretion and normally will be limited to testimony regarding unusual items not adequately explained in the Declaration itself.

Applies to

Income tax return forms and schedules

A request for income tax returns and forms should be made at least five court days before the hearing, and the requested documents should be produced at least two court days before the hearing.

The request should be made no later than 5 court days prior to the hearing and the documents produced no later than 2 court days prior to the hearing.

Applies to

Mandatory settlement conference statement

The statement should discuss issues remaining for trial and, for each disputed issue, provide a concise statement of material facts and relevant law in the listed order; counsel must designate nonapplicable sections as “N/A.”

The Mandatory Settlement Conference Statement should include a discussion of the issue(s) remaining for trial. When applicable, a concise statement for each issue known to be in dispute containing all material facts and relevant law should be provided in the order listed below. If not applicable, counsel shall so designate or use “N/A.”