Santa Clara Superior Court Document Filing Requirements

CRITICALCivil cases

Applies to

Referral court investigator form

The Referral for Court Investigator form (PB-4005) must be submitted with the notice of hearing and the original accounting for review by the Court Investigator.

At the time of filing of the guardian's accounting, a "Referral for Court Investigator & Questionnaire – Guardianship" form (attached form PB 4005) must be submitted, with the notice of hearing and the original accounting, for review by the Court Investigator.

CRITICALCivil cases

Applies to

Referral for investigators report

A Referral for Investigator's Report (PB-4002) must be completed, signed under penalty of perjury, and submitted at filing, along with a color photograph of the proposed conservatee.

A local form entitled "Referral for Investigator's Report-Conservatorship" (attached form PB-4002) must be completed and signed under penalty of perjury by the proposed conservator and submitted at the time the petition is filed. This form shall be confidential. The proposed conservator shall submit with the referral a color photograph of the proposed conservatee.

CRITICAL

Applies to

Juvenile case file request

Petitions must identify with particularity the reasons each document should be released.

The Petition must identify with particularity as to each document, the reasons that the document should be released pursuant to the requirements of CRC 5.552.

CRITICALCivil cases

Applies to

Capacity declaration

Medical treatment authorization petitions must be supported by a Capacity Declaration (GC-335) filed separately and served by mail or personally; the form may be designated confidential with a Confidential Document Cover Sheet.

A petition seeking authorization to give informed consent for medical treatment of a conservatee must be supported by an appropriate declaration on the Judicial Council form as described below, furnishing evidence required by Probate Code § 813, stating that there is no form of medical treatment for which the conservatee has the capacity to give consent and the reasons therefore and signed by a medical practitioner or licensed psychologist, which must be filed with the Court prior to the hearing. This form must not be attached to the Petition for Appointment of Conservator but must be filed separately and served by mail or personally, at the option of petitioner, upon the proposed conservatee. The petitioner may designate the legal capacity form as confidential by attaching a completed Confidential Document Cover Sheet (see attached form PB-4003) to it when it is filed. Judicial Council form GC-335, "Capacity Declaration-Conservatorship," must be used as described below:

CRITICALCriminal cases

Applies to

Bond affidavit

Persons pledging real property for a bond must complete Attachment CR-6014.

Any person(s) pledging real property as security for a property bond shall complete Attachment CR-6014 (Affidavit/Undertaking for Justification of Bail and Acknowledgement).

CRITICAL

Applies to

Motion to augment

Motions to augment the appellate record must include a copy of the items to be added (if available) and, for untranscribed oral proceedings, the hearing date, time, location, and court reporter contact information.

A motion to augment the record must include a copy of the matters sought to be included in the record, if available. If those matters include oral proceedings as to which no transcript has yet been prepared, the motion must include information as to the date, time, and location of the hearing, and, if applicable, the name and contact information of the court reporter.

CRITICALCivil cases

Applies to

Ex parte application

Must include

proposed order

The ex parte petition and proposed order must be presented to the Probate Examiner's office with a declaration (PB-4075) regarding notice or why notice was not given.

The petition and a proposed order must be presented to the Probate Examiner’s office with a declaration (attached form PB‐4075) regarding notice or why notice has not been given.

CRITICAL

Applies to

Declaration for juvenile court record

The Court must review the petitioner's Declaration for Juvenile Court Record when deciding whether to authorize inspection or release of juvenile court records.

in determining whether to authorize inspection or release of juvenile court records pursuant to a petition by the minor, in balancing the interests of the parties to the court proceedings, the interests of the petitioner, and the interests of the public, the Court shall review the petitioner's Declaration for Juvenile Court Record.

CRITICALCriminal cases

Applies to

Sentence modification request

Must include

certificate of service

Requests for sentence modification require notice to the District Attorney's Office and Adult Probation Department, with proof of notice attached to the filed request; failure results in the request being treated as an improper ex parte communication.

For all requests for modification of sentence, notice must be sent to the District Attorney's Office as well as the Adult Probation Department (in cases in which formal probation was granted) before such request will be considered or calendared for hearing. Proof of such notice must be attached to the original request filed with the court. Failure to do so will result in the request being treated as an improper ex parte communication and the request will not be considered by the court until proper notice is given.

CRITICALCivil cases

Applies to

Capacity declaration

Petitioners not relying on a medical or psychological professional must have a lay declarant complete the Layperson's Declaration re Legal Capacity (form PB-4016).

If the petitioner who is not relying upon a medical or psychological professional to complete the Capacity Declaration wishes to seek appointment of a conservator of the estate, the petitioner must have a lay declarant complete the "Layperson's Declaration re Legal Capacity" shown as attached form PB-4016 to these Local Rules.

CRITICALCivil cases

Applies to

Petition for final distribution waiver of account

A petition for final distribution on waiver of account must include the information required in CRC 7.550 and the fair market value of assets on hand.

The petition for final distribution on waiver of account must contain the information required in CRC 7.550, as well as the fair market value of assets on hand.

CRITICALCivil cases

Applies to

Petition for compensation

Compensation petitions for guardians, conservators, trustees, or counsel must be accompanied by a complete statement of services, an explanation of their value, and the total amount requested, made under penalty of perjury.

A petition for compensation of a guardian, conservator, trustee, and counsel, or for counsel for a conservatee or ward, must be accompanied by a complete statement of the services rendered, an explanation of the value or benefit of those services to the estate, and the total amount requested for such services, made under penalty of perjury and executed by the person rendering the services.

CRITICAL

Applies to

Juvenile case file request

Petitions for inspection must make a prima facie showing of relevance and necessity and provide notice to relevant parties.

Such petition must make a prima facie showing of sufficient relevance and necessity for inspection and provide notice to the relevant parties.

CRITICALCivil cases

Applies to

Petition

The petitioner must attach the private professional's fee schedule to the petition for appointment and serve it on all persons entitled to notice and the Court Investigator.

At the time a private professional conservator is nominated to serve as conservator, the petitioner must attach the private professional’s fee schedule to the petition for appointment of conservator and must serve the fee schedule as part of the petition on all persons entitled to notice under Probate Code § 1822 and to the Court Investigator.

CRITICALCivil cases

Applies to

Accounting

Fiduciaries may submit printed copies of online-only account statements if each account's copies are accompanied by a declaration under penalty of perjury that they are exact replicas.

If a financial institution makes only online statements available to the fiduciary, the fiduciary may submit exact printed copies of the online statements in place of the original statements required by Probate Code § 2620 (c) and shall attach to the printed copies of the statements submitted for each account a declaration under penalty of perjury that the printed copies are exact replicas of the online statements provided by the financial institution.

CRITICALCivil cases

Applies to

Referral court investigator form

The Referral for Court Investigator form (PB-4005) must be submitted with the notice of hearing and the original petition when filing a petition to terminate a guardianship.

At the time of filing of a petition to terminate a guardianship a "Referral for Court Investigator & Questionnaire – Guardianship" form (Attachment PB-4005) must be submitted with the notice of hearing and the original petition for review by the Court Investigator.

CRITICAL

Applies to

Juvenile case file request

If no record is found, the fact will be noted on Form JV-570 and the form will be returned to the petitioner.

In any request for Juvenile Court records where no record is found, that fact will be noted on Form JV-570 and that Form will be returned to the petitioner.

CRITICALCivil cases

The release must be fairly tailored to the claims asserted or that could be asserted based on the complaint; overbroad releases will not be approved.

The release should be fairly tailored to the claims that were or could be asserted in the lawsuit based upon the facts alleged in the complaint. Releases that are overbroad will not be approved.

CRITICALCivil cases

Applies to

Distribution agreement

A written agreement signed by all affected parties must be on file for distributions deviating from the will or intestate succession.

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.

CRITICALCivil cases

Applies to

Petition

In a petition for letters testamentary, letters of administration, letters of administration with will annexed, or letters of special administration, all heirs under Probate Code Sections 6402 and 6402.5 known to the petitioner, and all beneficiaries living at the time of the decedent's death, whether vested or contingent, who at the time of the decedent's death might be entitled to share in the distribution of the estate, whether it consists of separate or community property, must be specifically named. If any named beneficiary predeceased the decedent, that fact must be alleged in the petition with the date of death if known. All beneficiaries provided for in the will whose interests have been revoked by a subsequent codicil must also be named.

In a petition for letters testamentary, letters of administration, letters of administration with will annexed, or letters of special administration, all heirs under Probate Code Sections 6402 and 6402.5 known to the petitioner, and all beneficiaries living at the time of the decedent's death, whether vested or contingent, who at the time of the decedent's death might be entitled to share in the distribution of the estate, whether it consists of separate or community property, must be specifically named. If any named beneficiary predeceased the decedent, that fact must be alleged in the petition with the date of death if known. All beneficiaries provided for in the will whose interests have been revoked by a subsequent codicil must also be named.

CRITICALCivil cases

Applies to

Petition

Foreign-language wills require an expert translation and an accompanying affidavit or declaration of the translator's expertise at filing.

If the will is in a foreign language, a translation by an expert must be submitted at the time of filing the petition for probate. An affidavit or declaration as to the expertise of the translator must accompany the translation.

CRITICALCivil cases

Applies to

Accounting

Accountings in guardianships and conservatorships must follow CRC 7.575 content and format and must use Judicial Council Form GC-400 (SUM)/GC-408(SUM) for the Summary of Account.

All accountings in guardianships and conservatorships filed on or after January 1, 2008, must follow the content and format required in CRC 7.575. Accountings are designated as either standard or simplified. All accountings must use Judicial Council Form GC-400 (SUM)/GC-408(SUM) for the Summary of Account.

CRITICALCivil cases

Applies to

Petition

A trust created under substituted judgment must comply with CRC 7.903 (including bond and periodic accountings) and should be attached to the petition as an exhibit.

the proposed trust must comply with all provisions required in CRC 7.903, including but not limited to requiring a bond for the trustee and periodic accountings to the Court. The proposed trust should be attached to the petition as an exhibit.

CRITICALCivil cases

Applies to

Class certification motion

Parties moving for or against class certification must include admissible evidence in the moving papers establishing whether certification elements are present.

The party moving for or against class certification must present in the moving papers admissible evidence, as required by applicable law, establishing that the elements for certification are, or are not, present.

CRITICALCivil cases

Applies to

Petition for final distribution

Petitions for distribution must provide all information required by CRC Rule 7.403, and allegations regarding disposition of all claims must appear in the petition for final distribution even if previously included in prior petitions.

It is not sufficient in any petition for distribution to allege merely that all claims have been paid. Petitioners must provide all information required under CRC Rule 7.403. The allegations regarding disposition of all claims must appear in the petition for final distribution even though they may have appeared in whole or in part in prior petitions.

CRITICALCivil cases

Applies to

Petition

The Referral for Court Investigator form (PB-4002) must be submitted with the notice of hearing and original substituted judgment petition.

At the time of filing of a petition for substituted judgment, "Referral for Court Investigator - Conservatorship” (attached form PB-4002) must be submitted with the notice of hearing and the original petition for review by the Court Investigator.

CRITICALCivil cases

Applies to

Petition for withdrawal of funds

A petition for withdrawal of funds must use Judicial Council form MC 357 and submit form MC 358 for the Court's signature.

A petition for withdrawal of funds must be made on Judicial Council form “Petition For Withdrawal of Funds From Blocked Account (form number MC 357), and the petitioner must submit for the Court’s signature the Judicial Council form “Order For Withdrawal of Funds From Blocked Account” (form number MC 358).

CRITICAL

Applies to

Writ petition

Stay requests in writ petitions must appear prominently on the cover and identify the date of impending action and the trial judge.

Any request for a stay must appear prominently on the cover of the writ petition and must identify the date of any impending action or proceeding that will occur absent a stay and the trial judge before whom the case is pending.

CRITICALCivil cases

Applies to

Petition for compensation

Unless waived, the petition for compensation must include the calculation of statutory compensation, including the fee base and any prior payments.

Unless statutory compensation is waived, calculation of the statutory compensation (including calculation of the fee base) and any prior payments of statutory compensation must be included in the petition for compensation.

CRITICAL

Applies to

Disclosure petition

A W&I Code Section 827 Petition is required before dissemination or use of juvenile documents or records.

A Petition pursuant to W & I Code Section 827 is required for dissemination or use of documents or records and dissemination or use of documents or records must be in compliance with the Court’s order on the W & I Code Section 827 Petition, except as otherwise specified in these Rules.

CRITICALCivil cases

Applies to

Receipt

Receipts for preliminary distributions must be on file before the Court approves a final distribution petition.

Receipts for property distributed pursuant to a petition for preliminary distribution must be on file before the Court will approve a petition for final distribution.

CRITICALCriminal cases

Applies to

Motion

Subpoenas duces tecum must comply with specified statutes and be returnable to the court; materials received directly from a subpoenaed party must be immediately lodged with the clerk and not opened, reviewed, or copied without a court order.

All subpoenas duces tecum in criminal cases must comply with Penal Code section 1326 and Evidence Code section 1560, and when applicable Code of Civil Procedure section 1985.3, and must be returnable to the court. In the event materials that are the subject of a subpoena are received by a party, an attorney, or an attorney's agent or investigator directly from the subpoenaed party, the person receiving such materials must immediately lodge such materials with the clerk of the court. The materials must not be opened, reviewed, or copied by the recipient without a prior court order.

CRITICALCivil cases

Applies to

Declaration

The conservator must file a declaration complying with Probate Code section 2540(b) and submit the Referral for Court Investigator form with the notice of hearing and declaration when seeking authorization to sell the residence.

The conservator must file a declaration complying with Probate Code section 2540(b) whenever the conservator seeks authorization to sell the conservatee's present or former personal residence. The required "Referral for Court Investigator – Conservatorship" form (attached form PB-4002) shall be submitted with the notice of hearing and the required declaration.

CRITICAL

Applies to

Change of counsel form

party who has filed a Petition who changes counsel must promptly notify the Court by filing Local Juvenile Form JV- 2034 if the Petition is pending and not yet adjudicated.

party who has filed a Petition who changes counsel must promptly notify the Court by filing Local Juvenile Form JV- 2034 if the Petition is pending and not yet adjudicated.

CRITICALCriminal cases

Attorneys or defendants seeking juvenile records for a pending criminal action must file a W&I Code § 827 Petition in Juvenile Court and concurrently file a Declaration of Filing of Juvenile Court 827 Petition in the criminal case.

Attorneys or defendants who are involved in a criminal proceeding in the Superior Court of California, County of Santa Clara, and who seek juvenile records for use in the pending criminal action shall, in addition to filing a W&I Code § 827 Petition in the Juvenile Court, concurrently file a Declaration of Filing of Juvenile Court 827 Petition in the criminal case (Attachment CR-6082).

CRITICAL

Applies to

Waiver form

Youth and their attorney must use and present a Waiver Form (Local Form JV-2032) to the Court when entering an admission or no contest plea in Juvenile Justice Court.

At every hearing in Juvenile Justice Court when the youth wishes to enter an admission or no contest plea to one (1) or more counts in a Petition, the youth and youth’s attorney must use and present to the Court a Waiver Form (Local Form JV-2032) at the time of entering the admission.

CRITICAL

Applies to

Declaration for juvenile court records

All parties must file a Declaration for Juvenile Court Records (JV-2002 or JV-2002a) before commencing inspection.

All parties, including those statutorily entitled to inspect, must file a Declaration for Juvenile Court Records (Local Form JV-2002 or JV-2002a) for the appropriate division prior to commencing the inspection.

CRITICALCriminal cases

Applies to

Motion

Any application for relief or opposition to relief must be supported by a memorandum of points and authorities, unless otherwise authorized by statute or Rule of Court.

Except as otherwise authorized by statute or Rule of Court, application for any relief, or any opposition to relief sought, must be supported by a memorandum of points and authorities.

CRITICALCivil cases

Applies to

Petition

The petitioner must provide the information required by Judicial Council forms or by the Court about all adults in the household so background checks can be conducted.

The Petitioner shall provide information required by Judicial Council forms or by the Court on all adults in the household, so that background checks can be done on each adult (individuals over the age of 18) living in the household where the proposed ward is or will be residing.

CRITICALCriminal cases

Applies to

Ancillary expense application

Initial applications for ancillary defense expenses must be submitted by ex parte motion to the Criminal Division Supervising Judge's clerk, accompanied by a signed financial statement (Attachment CR-6089) or a declaration under penalty of perjury, plus the declaration described in subdivision C.

All initial applications for the authorization of ancillary defense expenses shall be submitted by ex parte motion to the clerk of the Criminal Division Supervising Judge. The application shall be accompanied by: (1) a completed and signed Defendant’s Financial Statement in Support of Ancillary Fees Request (Attachment CR-6089) OR a Declaration signed under penalty of perjury, which includes all of the information requested in Attachment CR-6089 and (2) a declaration with the information described in subdivision C below.

CRITICALCivil cases

Applies to

Petition

An unrepresented minor must have the petition reviewed by an attorney, and written verification of that meeting must be submitted when the petition is filed.

Where the minor is unrepresented, he/she must have the petition and accompanying documents reviewed by an attorney. Written verification that the minor has met with an attorney must be submitted to the Court when the petition is filed.

CRITICAL

Applies to

District attorney petition

Must include

proposed order

The District Attorney must include specific language in a petition under W&I Code Section 827, in addition to the proposed order.

When submitting a Petition under W & I Code Section 827, the District Attorney must, in addition to the Proposed Order After Judicial Review (Judicial Council Form JV-574), include the following language: “The release of the attached documents pursuant to Welfare and Institutions Code section 827 is subject to the conditions set forth below.

CRITICAL

Applies to

Affidavit

Filers must comply with CRC 2.257 when electronically filing documents requiring a signature.

When electronically filing an affidavit, declaration, or any document requiring a signature, filers must comply with CRC 2.257.

CRITICALCivil cases

Applies to

Duties of conservator form

All proposed conservators must file the Judicial Council 'Duties of Conservator' form before Letters of Conservatorship are issued.

To assure that their duties and obligations are understood, all proposed conservators must file with the Court, before Letters of Conservatorship are issued, the Judicial Council form entitled "Duties of Conservator." The form may be signed and submitted prior to the date set for hearing. It is not necessary for proposed conservators to check boxes on page 4 of the form relating to acquisition of the handbook.

CRITICALCivil cases

Applies to

Temporary guardianship petition

A petition for appointment of a temporary guardian must be filed with or after the general guardianship petition and must state facts establishing the urgency.

The petition for appointment of a temporary guardian must be filed with or after the filing of a petition for appointment of a general guardian. The petition must state facts establishing the urgency requiring the appointment of a temporary guardian.

CRITICAL

Applies to

Withdrawal form

A party wishing to withdraw a petition must file Local Juvenile Form JV-2033.

If a party who has filed a Petition no longer wants to proceed with the Petition, the party must promptly inform the Court by filing Local Juvenile Form JV-2033.

CRITICALCriminal cases

Applies to

Motion

For motions to dismiss information/indictment, the moving party must lodge all relevant exhibits, parties must meet and confer about them, and voice recordings require a transcript unless waived.

The moving party must lodge all exhibits relevant to any claim. The parties must meet and confer about the exhibits before their submission. If voice recordings are submitted for review by the court, the transcript required by California Rules of Court, rule 2.1040 must be included unless the magistrate waived the requirement under California Rules of Court, rule 2.1010(b)(3).

CRITICALCivil cases

Applies to

Accounting

At the filing of the trustee's accounting, the Referral for Court Investigator form (PB-4002) must be submitted with the notice of hearing and proposed trust.

At the time of filing of the trustee’s accounting, a “Referral for Court Investigator - Conservatorship” form (attached form PB-4002) must be submitted with the notice of hearing and the proposed trust for review by the Court Investigator.

CRITICALCivil cases

Applies to

Probate guardianship petition

Probate guardianship petitions must be accompanied by a fully completed UCCJEA form disclosing all other custody actions.

All such petitions shall be accompanied by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) form, which shall be completed in full, disclosing the existence of any and all other actions involving custody of the minor child or children.

CRITICALCivil cases

Applies to

Petition for compensation

The local form 'Referral for Investigator - Compensation' (PB-4064) must be completed and submitted when the compensation petition is filed.

The local form entitled “Referral for Investigator - Compensation” (attached form PB-4064) must be completed and submitted at the time the Petition is filed.