Santa Clara Superior Court Document Filing Requirements

WARNING

Applies to

Recording transcript request

A request for a copy of the electronic sound recording or its transcript must be made in writing to the clerk at the courthouse where the notice was filed.

At the time of filing of a Notice of Appeal, Notice of Petition for Writ or Notice of Motion, or within 10 calendar days of the filing of such notice, counsel for the appellant, petitioner or moving party (or by the party if unrepresented by counsel), shall advise the court if there is a request for a copy of the recording or its transcript. Such request shall be made in writing to the clerk at the courthouse in which the appeal/petition/notice is filed.

WARNING

Applies to

Notice of motion

Unless the motion is under Penal Code section 995, a motion submitted in whole or part on a preliminary examination or prior proceeding transcript must state so in the notice of motion and/or response.

Except for motions brought under Penal Code section 995, if the motion is to be submitted in whole or in part on the transcript of the preliminary examination, or the transcript of any prior proceeding, the notice of motion and/or the response must so state.

WARNING

Applies to

Petition

The petition must set forth the facts pertinent to any assumption agreement where the estate would remain subject to a contingent liability on an encumbrance.

Sale of real property will not ordinarily be confirmed when the purchaser assumes or takes subject to an existing encumbrance, if as a result the estate remains subject to a contingent liability on the encumbrance (i.e., "wraps"). The petition must set forth the facts pertinent to such assumption agreement.

WARNING

Applies to

Readiness brief

Misdemeanor Readiness briefs must include specified prosecution and defense content, including facts, aggravation/mitigation, criminal history, settlement history, diversion considerations, and Penal Code section 1204.5 information.

Readiness briefs must include, but need not be limited to: a. Prosecution: a statement of facts expected to be shown by the evidence; perceived factors in aggravation; factors in mitigation; criminal history information, including prior performance on probation and/or parole; other pending cases and their status; the history of prosecution settlement offers; the history of defense settlement proposals; any indicated sentences previously given by the court; whether collateral consequences have been considered; considerations of substance abuse/mental health and treatment, if pertinent; and consideration of the merits of diversion. b. Defense: any information about the accused that the accused consents to a trial judge considering, and/or that the accused desires a judge who is not the trial judge to consider pursuant to Penal Code section 1204.5, or a statement that the accused chooses to defer providing such information without prejudice.

WARNING

Applies to

Remote appearance request

Remote appearance requests must disclose any need for a language interpreter and any intent to present live testimony.

If any party or witness requires a language interpreter, the request and notice must provide that information to the judicial officer. If any party intends to present live testimony, the request and notice must provide that information.

WARNING

Applies to

Moving responding joining papers

Moving, responding, and joining papers must include a time estimate on the first page.

All moving, responding, and joining papers must set out an accurate time estimate on the first page.

WARNING

Applies to

Settlement agreement

Any full or partial settlement reached at a settlement session must be reduced to writing by the parties.

If a settlement session before the Settlement Judge results in either a full or a partial settlement, the agreement must be reduced to writing by the parties.

WARNING

Case citations must include official report volume, page number, and year, and parties may not cite unpublished California Court of Appeal decisions except as permitted by CRC rule 8.1115.

All case citations must include the official report volume, page number, and year of decision. Parties must not cite to unpublished decisions of the California Court of Appeal except as provided in California Rules of Court, rule 8.1115.

WARNING

Applies to

Csc statement

The CSC Statement must include a trial time estimate and witness list.

The Statement of Issues shall also include the time estimate for trial and a list of witnesses.

WARNING

Applies to

Motion

For PC 1538.5(i) motions where additional live testimony is anticipated, notice of that fact must appear on the first page of moving or responding papers.

In any motion brought under Penal Code section 1538.5, subdivision (i) where additional live testimony is anticipated, notice of this fact must be set out on the first page of the moving or responding papers.

WARNING

Applies to

Objections

Written objections must include specific objected-to language, reasons, and proposed modified language.

Objections shall be in writing and shall include the following: i. the specific paragraphs and language to which the party objects; (Effective 1/1/2008) ii. the reasons for the objections; and iii. the proposed modified

WARNING

Applies to

Adr stipulation and order form

Judges ADR Program applications must be made on form CV-5017 and signed by all counsel and self-represented parties.

Application must be made on the Judges ADR Program Stipulation and Order Form (see form CV-5017). The application must be signed by all counsel and self-represented parties.

WARNING

Applies to

Moving or responding papers

Notice of intent to call witnesses must appear on the first page of moving or responding papers.

Notice of intent to call witnesses must be specifically set out on the first page of the moving and/or responding papers.

WARNING

Applies to

Order after status conference

To document the orders made at the Status Conference, the parties must prepare the Order After Status Conference on Local Form FM-1123, and present to the Court for signature at the conclusion of the hearing, unless otherwise ordered by the Court. Self-represented parties may seek the assistance of the Family Court Clinic to prepare the Order.

To document the orders made at the Status Conference, the parties must prepare the Order After Status Conference on Local Form FM-1123, and present to the Court for signature at the conclusion of the hearing, unless otherwise ordered by the Court. Self-represented parties may seek the assistance of the Family Court Clinic to prepare the Order.

WARNING

Applies to

Brief

Briefs in unlimited civil or misdemeanor appeals must comply with CRC 8.883; infraction appeals with CRC 8.928.

The format and content of briefs filed in an unlimited civil or misdemeanor appeal must comply with CRC 8.883, and in an infraction appeal with CRC 8.928.

WARNING

Applies to

Fee request

Billing statements may not be attached to fee requests but must be exchanged before the hearing, and the attorney must bring copies of the bills to the hearing.

The parties shall not attach billing statements to the attorney's fee request, but shall exchange billing statements before the hearing. The attorney shall also bring copies of the bills to the hearing.

WARNING

Applies to

Compensation petition

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.

WARNING

Applies to

Evaluation scope form

Form FM-1057 must be attached to Judicial Council form FL-327 for custody evaluations.

Form FM-1057 must be attached to Judicial Council form FL-327, to set forth the scope and procedures for the evaluation.

WARNING

Applies to

Ex parte petition

Ex parte petitions must be accompanied by form PB-4080 or form PB-4078.

All ex parte petitions must be accompanied by either a Probate Uncontested Ex Parte Coversheet: Matters Submitted on the Pleadings (form PB-4080) or a Probate Ex Parte Relief Checklist (form PB-4078), as specified in subsections 1 and 2 below.

WARNING

Applies to

Motion

For PC 1538.5(i) motions presented de novo, notice of the de novo presentation must appear on the first page of moving and responding papers.

In any motion brought under Penal Code section 1538.5, subdivision (i) that is presented de novo, notice of this fact must also be set out on the first page of the moving and responding papers.

WARNING

Applies to

Affidavit

When the minor's father is alleged unknown, attach a photocopy of the birth certificate to the affidavit/declaration for dispensing with notice, and explain any 'withheld' reference.

If it is alleged that the minor's father is unknown, a photocopy of the minor's birth certificate should be attached to the affidavit or declaration in support of an order dispensing with notice. Use of the terms "withheld" on the birth certificate with reference to the father does not mean "unknown," and should be further explained in the allegation.

WARNING

Applies to

Interpreter request

Requests for interpreters for trial, preliminary examinations, motions, or other appearances must be made in open court when those matters are set.

Prosecution and defense requests for interpreters for trial, preliminary examinations, motions, or any other appearances, must be made in open court at the time these matters are set.

WARNING

Applies to

Request for trial

A party who contends a matter is not ready for trial or disagrees with the time estimate must file a Request for Trial form (Local Form FM-1012) explaining that disagreement.

If one party files a Request for Trial and the other party contends that the matter is not ready for trial or disagrees with the time estimate, that party must file a Request for Trial form (Local Form FM-1012 ), explaining that disagreement.

WARNING

Applies to

Petition for case files

A Request for Disclosure of Juvenile Case File (Form JV-570) must be filed after inspection, even if no Juvenile Court action has been commenced, with notice to all necessary parties.

After inspection, the person or agency must file a Request for Disclosure of Juvenile Case File (Judicial Council Form JV-570) (also called a "Petition"). The Petition must be filed even if no action has been commenced in Juvenile Court under Welfare & Institutions ("W & I") Code Sections 300, 601, or 602. The person or agency seeking the documents or the records must give notice to all necessary parties.

WARNING

Applies to

Ex parte application

Appointed counsel may apply ex parte to be relieved; the attorney for the minor must serve the parties with form PB-4073 (Ex Parte Application and Order to be Relieved) together with blank form PB-4074 (Response).

Appointed counsel may apply via an ex parte application and order to be relieved as the counsel for minor child. The attorney for the minor(s) shall serve the parties or attorneys for the parties the Ex Parte Application and Order to be Relieved as Counsel for Minor Child (attached form PB-4073) along with a blank Response to Application to be Relieved as Counsel for Minor Child (attached form PB-4074).

WARNING

Applies to

Application

Attorneys must submit form FL-322 and an Initial Application (FM-1081) to join the panel, and must submit updated FL-322 and a Renewal Application (FM-1082) each year by December 31 to remain on the panel.

Attorneys wishing to be included on the Court's panel must submit Judicial Council form FL-322 and an Initial Application (attached form FM-1081) to the Supervising Judge. Attorneys selected for the panel who are serving as counsel for minors or who wish to remain on the panel for future appointments must submit to the Supervising Judge an updated Judicial Council form FL-322 and a Renewal Application/Eligibility Declaration (attached form FM-1082) each year no later than December 31.

WARNING

Applies to

Proposed order

Post-hearing proposed orders must be lodged electronically in PDF format attached to Judicial Council Form EFS-020, and the signature page must contain text of the order.

If instructed to prepare an order after a hearing, the proposed order must be lodged with the court electronically in PDF format attached to Judicial Council Form EFS-020, and the judge's signature and date lines must not be on a page by themselves; the signature page must contain some text of the order.

WARNING

Applies to

Objection

Objections to a mediated agreement must be in writing and state the specific paragraphs objected to, the reasons, and proposed modified language.

Objections shall be in writing and shall include: i. the specific paragraphs and language to which the party objects; ii. the reasons for the objections; and iii. the proposed modified language.

WARNING

Applies to

Objection to remote proceeding

Objections or opposition to a remote proceeding must be made by filing Form RA-015.

Any objection or opposition to a remote proceeding must be made by filing RA-015.

WARNING

Applies to

Receipts

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

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.

WARNING

Applies to

Order

An emergency screening order must be made on the 'Probate Order for Emergency Screening' and the Emergency Screening Instructions (PB-4046) served on all parties ordered to the screening.

When an emergency screening is ordered, the Order shall be made on a Probate Order for Emergency Screening and the Emergency Screening Instructions (attached form PB-4046) shall be served on all parties ordered to the emergency screening.

WARNING

Applies to

Fcs electronic media

All electronic media files, such as audio and video files should be appropriate and relevant. Electronic media must not be more than 10 minutes long. Audio and video files must be in a format that can be read by FCS personnel.

All electronic media files, such as audio and video files should be appropriate and relevant. Electronic media must not be more than 10 minutes long. Audio and video files must be in a format that can be read by FCS personnel.

WARNING

Applies to

Readiness brief

Felony Readiness briefs must include specified prosecution and defense content, including facts, aggravation/mitigation, criminal history, settlement history, and Penal Code section 1204.5 information.

Readiness briefs must include, but need not be limited to: a. Prosecution: a statement of facts expected to be shown by the evidence; perceived factors in aggravation; factors in mitigation; criminal history information, including prior performance on probation and/or parole; other pending cases and their status; the history of prosecution settlement offers; the history of defense settlement proposals; any indicated sentences previously given by the court; whether collateral consequences have been considered; three strikes review, if pertinent; and consideration of substance abuse/mental health issues and treatment, if pertinent. b. Defense: any information about the accused or the case that the accused consents to a trial judge considering, and/or that the accused desires a judge who is not the trial judge to consider under Penal Code section 1204.5, or a statement that the accused chooses to defer providing such information without prejudice

WARNING

Applies to

Response to application for payment

Responses to appointed counsel's application for payment must use form FM-1068.

Any response by a party to appointed counsel’s application for payment must use the Response to Application for Payment of Fees and Costs by Children’s Counsel (attached form FM-1068), following the procedures set out in that form.

WARNING

Applies to

Declaration for juvenile court records

All parties must file a Declaration for Juvenile Court Records (Local Form JV-2002/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.

WARNING

Applies to

Billing statement

Conservator monthly billing statements must be clearly marked 'For Informational Purposes Only.'

Such billing statements shall be clearly marked, "For Informational Purposes Only."

WARNING

Applies to

Exhibits

The parties must meet and confer about the exhibits before submitting them.

The parties must meet and confer about the exhibits before their submission.

WARNING

Applies to

Ex parte petition

Ex parte petitions must contain sufficient facts to justify the requested orders.

An ex parte petition or application must contain sufficient facts to justify the orders requested.

WARNING

Applies to

Notice

When the ward's address will change, the Pre-move Notice (GC-079) and the Post-Move Notice of Change of Residence forms are required.

When the address of the ward will be changed, the Pre-move Notice of Proposed Change of Personal Residence of Conservatee or Ward (Judicial Council form GC-079), and also the Post-Move Notice of Change of Residence of Conservatee or Ward (Judicial Council form

WARNING

Applies to

Application for payment order

Applications to pay for transcript preparation from deposited funds must be supported by an affidavit showing the work was done, charges were supplied, ten days elapsed, and no dispute exists.

An application for an order authorizing payment for preparation of a transcript out of funds deposited by an attorney or a party in propria persona, must be supported by an affidavit demonstrating 1) that the work has been done; 2) a statement of the charges therefore has been supplied to the person who deposited the funds; 3) ten days have elapsed; and 4) there is no dispute concerning the charges.

WARNING

Applies to

Request for Hearing on Criminal Protective Order Modification

The requesting party must attach CLETS restraining/custody orders, relevant criminal and Family/Juvenile/Dependency/Probate case numbers, and attendance records of safety planning, therapy, or counseling to the Request.

Where applicable, the party requesting modification must include the following information with the Request for Hearing on Criminal Protective Order Modification (“Request”): (1) any applicable CLETS Civil Restraining Orders and Custody and Visitation Orders; (2) the case numbers of both the criminal court case and any Family, Juvenile, Dependency, or Probate cases involving the accused defendant and the alleged victim; and (3) a copy of attendance or other record reflecting any safety planning, therapy sessions, or other counseling course attended by the accused and/or the alleged victim after the alleged incident date for the most recent Family Violence matter.

WARNING

Applies to

Opposition

A written opposition must be filed unless waived by the court or the responding party concedes the motion.

Unless waived by the court, or unless the party who would respond to the motion concedes it, a written opposition, together with supporting papers, documents, and points and authorities must be filed.

WARNING

Applies to

Petition

Where the estate owns a fractional interest only, the petition must state whether the sale is conditioned on closing of the sale of the unowned fraction.

Where the estate owns only a fractional interest in the real property, the petition must state whether the sale by the estate is conditioned upon closing of a sale of the unowned fraction.

WARNING

Applies to

Application for payment order

Applications for orders for payment of money must be supported by an affidavit establishing the claimant's right to the amount and that it is on deposit.

An application for an order for payment of money must be supported by an affidavit clearly setting forth the claimant's right to the specific amount shown, and a statement that the amount in question is presently on deposit in the Treasurer's Office.

WARNING

Applies to

Application for stay

Stay applications in unlawful detainer appeals must meet Civil Code section 1176 requirements concerning the deposit of rent.

Any application or a stay in an appeal in an unlawful detainer case must meet the requirements of Civil Code section 1176 concerning the deposit of rent.

WARNING

Applies to

Order of distribution

An order of distribution must be self-contained, complete without reference to the petition or any documents not part of the order.

An order of distribution must be drafted so that it is complete without reference to the petition, and without reference to any documents that are not part of the order.

WARNING

Applies to

Ex parte application

Applications for temporary orders without prior notice must include a sworn statement of facts showing good cause; the movant may not rely on the supporting declaration to establish good cause, which may be provided in form PB-4075.

Any application seeking temporary orders without prior notice to all parties, including orders shortening time must include a sworn statement of facts showing good cause not to give notice. The moving party may not rely on the declaration filed in support of the application for temporary orders to establish good cause not to give notice. The statement of good cause not to give notice may be provided with a declaration (attached form PB‐4075).

WARNING

Applies to

Bfa scope form

Form FM-1127 must be attached to Judicial Council form FL-327 for Brief Focused Assessments.

Form FM-1127 must be attached to Judicial Council form FL-327, to set forth the scope and procedures for the BFA.

WARNING

Applies to

Notice of petition withdrawal

A party wishing to withdraw a filed Petition must promptly notify the Court by filing 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.

WARNING

Applies to

Adr stipulation and order form

Parties must complete form CV-5008, check the Early Settlement Conference box, and include the chosen neutral's signature on the original or amended stipulation.

All parties must complete the ADR Stipulation and Order Form, (local form CV-5008), check the box "Early Settlement Conference, pursuant to Local Civil Rule 4," include the signature of the chosen neutral on either the original or amended stipulation