Santa Clara Superior Court Document Filing Requirements

WARNING

Applies to

Fcs document submission

Submissions exceeding 15 pages to an FCS evaluator require consent and additional indexing/priority requirements.

A party who seeks to submit more than 15 pages to an FCS evaluator or screener must obtain the consent of the FCS evaluator or screener by demonstrating good cause, and must provide an index, number each page sequentially, and assign a priority to all documents submitted.

WARNING

Applies to

Declaration

If a spousal property petition is filed before the survivorship period expires, a separate declaration executed by the petitioner after that period must be filed with the Court.

If the petition is filed before the expiration of the survivorship period, a separate declaration executed by the petitioner after the survivorship period has expired must be filed with the Court.

WARNING

Applies to

Proposed order

For proposed orders, the court signature and date lines must not be on a page by themselves, and the signature page must contain some text of the order.

In addition, the court 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

Petition for case files

The Petition must state with specificity the information sought and its relevance, and must be supported by a declaration of counsel and/or petitioner and, if necessary, points and authorities.

The Petition must state with specificity the information sought and the relevance to any related legal action, including the specific details of the related legal action. The Petition must be supported by a declaration of counsel and/or a Petitioner, and, if necessary, a memorandum of points and authorities.

WARNING

Applies to

Discovery motion

Discovery motions are permitted only after informal means are exhausted and must state the relevancy, materiality, and inadequacy of informal discovery.

Only after all informal means have been exhausted may a party petition the Court for discovery. Any noticed motion must state the relevancy and materiality of the information sought and the reasons why informal discovery was not adequate to secure that information.

WARNING

Applies to

Petition for case files

Unauthorized persons or agencies must petition the Juvenile Court via Form JV-570, making a prima facie showing of relevance and necessity and providing notice to relevant parties, to obtain an Order of Inspection.

If the person or agency is not statutorily or otherwise authorized to inspect the Juvenile Court file, the person or agency must petition the Juvenile Court for permission for such inspection by filing a Request for Disclosure of Juvenile Case File (Judicial Council Form JV-570). Such petition must make a prima facie showing of sufficient relevance and necessity for inspection and provide notice to the relevant parties. If the showing is made, the judicial officer may grant an Order of Inspection permitting the party to inspect the Juvenile Court file.

WARNING

Applies to

Proposed order

Proposed orders must have a footer with the order's title on every page (unless a Judicial Council form), and the signature/date lines must not appear on a page by themselves.

Any proposed order submitted to the Court for signature must contain a footer with the title of the order on every page, including the signature page, unless it is a Judicial Council form. In addition, the Court 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

Duties of guardian

Each guardian must file the Judicial Council form 'Duties of Guardian' (GC-248) before letters of guardianship are issued; it may be signed and submitted before the hearing date.

To assure that their duties and obligations are understood, each guardian must file with the Court, before letters of guardianship are issued, the Judicial Council form entitled "Duties of Guardian." (Form GC-248). The form may be signed and submitted prior to the date set for hearing.

WARNING

Applies to

Order

All probate orders must be complete and include the noticed hearing date and department.

All orders in probate matters must be complete and bear the noticed hearing date and department.

WARNING

Applies to

Ex parte application

Ex parte applicants must complete the Declaration Re Notice of Ex Parte Application (JV-2000) and submit it with the Application to the courtroom clerk or eFile it.

The party requesting ex parte orders must inform the judicial officer that notice has been given by completing Declaration Re Notice of Ex Parte Application (Local Form JV-2000). The original Declaration and accompanying Application for Order must be submitted to the courtroom clerk in the Juvenile Department where the pending action would normally be heard or eFiled in accordance with Rule 6.

WARNING

Applies to

Notice of change of counsel

A party who changes counsel while a Petition is pending must notify the Court by filing Form JV-2034, unless the change is within the same firm or office.

A 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. If Form JV-2034 is filed with the Court, it is not necessary for new counsel to file their own Petition; they can obtain documents by relying on the Petition filed by previous counsel. It is not necessary to file Form JV-2034 (or file a new Petition) if a party’s counsel is changed within a firm or office, such as the offices of the District Attorney, Public Defender, or Alternate

WARNING

Applies to

Settlement statement

Settlement position statements must be submitted to the ADR judge no later than 5 calendar days before the ADR session and must not be filed.

Counsel and self-represented parties must submit written statements of their position regarding settlement to the ADR judge no later than five calendar days before the ADR session. These statements must not be filed.

WARNING

Applies to

Will codicil

Wills and codicils must be filed with a PB-4079 Will Coversheet.

Any will or codicil submitted for filing must be submitted with PB-4079, “Will Coversheet,” to preserve the originality of the document.

WARNING

Applies to

Petition to establish trust

the petition should provide detailed information demonstrating that the proposed trustee is qualified to be appointed as a trustee of the trust.

the petition should provide detailed information demonstrating that the proposed trustee is qualified to be appointed as a trustee of the trust.

WARNING

Applies to

Objection to out of county placement

Parties objecting to an out-of-county placement must file the Objection to Out-of-County Placement and Notice of Hearing form (JV-556).

Those objecting to the out-of-county placement must file an Objection to Out-of-County Placement and Notice of Hearing (Judicial Council Form JV-556).

WARNING

Applies to

Petition

The proposed guardian must complete and sign form PB-4005 under penalty of perjury and present a signed Authorization for Release of Information (PB-4014) when the guardianship petition is filed.

The proposed guardian must complete and sign under penalty of perjury a "Referral for Court Investigator & Questionnaire – Guardianship” (attached form PB-4005) at the time the petition for establishment of guardianship is filed. This form is confidential. Together with the “Referral for Court Investigator & Questionnaire – Guardianship” the proposed guardian(s) must present a signed Authorization for Release of Information form (attached form PB-4014) to enable court investigators to access the information required in Probate Code § 1513.

WARNING

Applies to

Application

Must include

proposed order

Applications to extend time must include a proposed order.

Applications to extend time must include a proposed order.

WARNING

Applies to

Proposed order

Must include

judge name

After a hearing before a temporary judge, the prepared order must name that judge and be submitted to the temporary judge or the All-Purpose Judge for signature.

When a case has been heard by assignment to a temporary judge, the order prepared must contain the name of that judge and must be submitted to the temporary judge or the APJ for signature.

WARNING

Applies to

Ex parte application

All ex parte or emergency applications must be submitted to the Probate Court Document Examiner and must contain sufficient facts to justify the requested orders; the rule does not apply to ex parte requests for temporary guardianships, general guardianship, or termination of guardianships.

All applications for ex parte or emergency orders must be submitted to the Probate Court Document Examiner. An ex parte petition or application must contain sufficient facts to justify the orders requested, including an order shortening time, if appropriate.

INFOCriminal cases

Applies to

Probation report

The Probation Department must prepare a report recommending the minor's suitability for Deferred Entry of Judgment, using the factors in Rule of Court 1495(d)(3)(A).

IT IS ORDERED that once the District Attorney has filed a Determination of Eligibility (N-750) on a case with the clerk's office and the matter has been set on the calendar, the Probation Department prepare a report with a recommendation on the suitability of the minor for the Deferred Entry of Judgment utilizing the factors in Rule of Court 1495(d)(3)(A).

INFOCivil cases

Applies to

Class notice

Counsel should consider whether an English-only notice is sufficient for class members.

In addition, counsel should consider whether an English-only notice is sufficient.

INFOCivil cases

Applies to

Class notice

Settlement class notices should include recommended language referring class members to the detailed Settlement Agreement and explaining how records may be examined.

California, County of Santa Clara’s Electronic Filing and Service Website at www.scefiling.org, or (b) in person at Records, Superior Court of California, County of Santa Clara, 191 N. 1st Street, San Jose, California 95113, between the hours of 8:30 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays and closures.” SETTLEMENT CLASS NOTICES: Further information --- “The above is a summary of the basic terms of the Settlement. For the precise terms and conditions of the Settlement, you are referred to the detailed Settlement Agreement, which is on file with the Clerk of the Court. The pleadings and other records in this litigation, including the Settlement Agreement, may be examined (a) online

INFOCivil cases

Applies to

Claim form

A claim form should not repeat voluminous notice information and should only contain what is necessary to administer the settlement.

CLAIM FORM – If a claim form is used, it should not repeat voluminous information from the notice, such as the entire release. It should only contain that which is necessary to elicit the information necessary to administer the settlement.

INFOCivil cases

Applies to

Class certification brief

Counsel requesting class certification should provide specifics on the necessary notice to class members and the proposed methods of giving notice.

7. Notice a. Counsel requesting class certification should provide specifics regarding necessary notice to class members and the methods proposed for giving notice.

INFOCivil cases

Applies to

Trial management plan

A trial management plan submitted with class certification briefing should address, with specific details, claim elements, evidence types, jury decision issues, trial time estimates, procedures such as bifurcation, court versus jury rulings, and statistical evidence use.

trial management plan submitted as part of class certification briefing typically does the following (and does so with specific details): 1. discuss the elements of the claims and material affirmative defenses, and whether choice of law concerns may impact the analysis; 2. discuss the type of evidence to be presented; 3. show how a jury might decide these issues (e.g., a proposed jury verdict form) 1 ===== PAGE 2 ===== 4. provide realistic time estimates for the trial, based on an allocation by witness type; 5. propose (but only if useful) procedures such as bifurcation and phasing, the use of special masters for certain issues, using summaries and compilations of voluminous documents, etc. 6. discuss whether rulings are needed from both the court and a jury (such as when equitable and legal issues are presented based on overlapping evidence) and the timing of those rulings in the course of the trial; and 7. explain how statistical evidence will be used and its reliability (or lack thereof), and whether a special evidentiary hearing will be needed to discuss experts,

INFOCivil cases

Applies to

Class notice

“The pleadings and other records in this litigation, including the Settlement Agreement, may be examined (a) online on the Superior Court of California, County of Santa Clara’s Electronic Filing and Service Website at www.scefiling.org, or (b) in person at Records, Superior Court of California, County of Santa Clara, 191 N. 1st Street, San Jose, California 95113, between the hours of 8:30 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays and closures.”

“The pleadings and other records in this litigation, including the Settlement Agreement, may be examined (a) online on the Superior Court of California, County of Santa Clara’s Electronic Filing and Service Website at www.scefiling.org, or (b) in person at Records, Superior Court of California, County of Santa Clara, 191 N. 1st Street, San Jose, California 95113, between the hours of 8:30 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays and closures.”

INFOCivil cases

Applies to

Notice

The Court prefers understandable disclosures and recommends parties follow or become familiar with the Federal Judicial Center's Illustrative Forms of Class Action Notices.

The Court understands that there can be a trade-off between precise and comprehensive disclosures and easily understandable disclosures and is willing to err on the side of making the disclosures understandable. By way of illustration, parties should either follow, or at least become familiar with the formatting and content of The Federal Judicial Center’s “Illustrative” Forms of Class Action Notices at http://www.fjc.gov/

INFOCivil cases

Applies to

Petition

Petitioners may use the Petition to Remove Conservator form (PB4040) and objectors may use the Objection to Petition to Remove Conservator form (PB-4035).

Individuals requesting removal of a conservator may petition the Court for an order for removal. The petitioner may use the local form entitled Petition to Remove Conservator (attached form PB4040). Anyone objecting to a petition to remove the conservator may use the local form entitled Objection to Petition to Remove Conservator (attached form PB-4035).

INFOCivil cases

Applies to

Exclusion form

The notice need only instruct excluding class members to send a letter stating their name and request for exclusion, and should not solicit extraneous information.

EXCLUSION FORM – The notice need only instruct class members who wish to exclude themselves to send a letter to the settlement administrator setting forth their name and a statement that they request exclusion from the class and do not wish to participate in the settlement. It should not include or solicit extraneous information not needed to effect an exclusion.

INFOCivil cases

Applies to

Final approval motion

Moving papers for final approval should include a suggested range of dates for the compliance hearing.

A compliance hearing will be set when final approval is granted, so the moving papers should include a suggested range of dates for this purpose.

INFOCivil cases

Applies to

Class certification brief

A trial management plan is optional to include in class certification briefing.

8. Trial Management Plan (as discussed above) (optional)

INFOCivil cases

Applies to

Petition

The proposed trust should be attached to the petition as an exhibit.

The proposed trust should be attached to the petition as an exhibit.

INFOCivil cases

Applies to

Declaration

Plaintiff's counsel should provide a declaration from the plaintiff on participation issues at the same time preliminary approval is sought.

Plaintiff’s counsel should provide a declaration from plaintiff concerning these issues at the same time counsel seeks preliminary approval.

INFOCivil cases

Applies to

Class certification brief

Each party should address all elements relevant to deciding the appropriateness of class certification in its case.

Each party should address all elements relevant to deciding the appropriateness of class certification in its particular case.

INFOCivil cases

The Court generally prefers a settlement term providing that funds allocated but not paid to the Settlement Administrator will be distributed to the class pro rata.

The Court also generally prefers to see a settlement term that funds allocated but not paid to the Settlement Administrator will be distributed to the class pro rata.

INFO

Applies to

Fm 1192 form

The Settlement Judge may require a completed FM-1192 form.

The Settlement Judge may require a completed FM-1192 form.

INFO

Applies to

Request to change status conference date

Parties may be exempt from a Status Conference or CRC for 180 days by filing Local Form FM-1059 indicating ADR participation, but if judgment or dismissal is not filed within 180 days, the Court will proceed with the Status Conference.

Parties who file a Request to Change Status or Resolution Conference Date (Local Form FM-1059) prior to the Status Conference or CRC indicating they are participating in ADR and actively negotiating or mediating their case will be exempt from the Status Conference or CRC for one hundred eighty (180) days, and a new Status Conference will be set in approximately one hundred eighty (180) days. If a judgment or dismissal is not filed within one hundred eighty (180) days of the filing of Local Form FM-1059, the Court will proceed with the Status Conference.

INFO

Applies to

Request to change status conference date

Parties may be exempt from a Status Conference or CRC for 180 days by filing Local Form FM-1059 indicating reconciliation, with the same condition that judgment or dismissal must be filed within 180 days.

Parties who file a Request to Change Status or Resolution Conference Date (Local Form FM-1059) prior to the CRC or Status Conference indicating they are attempting reconciliation will be exempt from the Status Conference or CRC for one hundred eighty (180) days, and a new Status Conference will be set in approximately one hundred eighty (180) days. If a judgment or dismissal is not filed within one hundred eighty (180) days of the filing of the Local Form FM-1059, the Court will proceed with the Status Conference.

INFO

Applies to

Default judgment

Litigants are encouraged, but not required, to file the Judgment Checklist (FL-182 or FM-1053) with any proposed default or uncontested judgment.

Litigants are encouraged to use and file the Judgment Checklist for dissolution and legal separation cases (Form FL-182) or Family Law Parentage Judgment Checklist for parentage cases (Attachment FM-1053) with any proposed default or uncontested judgment.

INFO

Applies to

Restraining order

Attachment FM-1102 (Other Orders Property Removal) may be used as an attachment to the Temporary Restraining Order (DV-110) and Restraining Order After Hearing (DV-130) when the Court allows property removal.

In cases where the Court allows for property removal as an exception to the restraining order, Attachment FM-1102 (Other Orders Property Removal) may be used as an attachment to the Temporary Restraining Order (Judicial Council form DV-110) and Restraining Order After Hearing (Judicial Council form DV-130).

INFO

Applies to

Remote appearance request

Remote appearance requests must disclose any interpreter needs and any live testimony plans; parties may attach Form MC-025 with additional information.

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. Parties should include any information you wish the court to consider by providing the information in Form MC-025 and attaching it to the Form RA-010.

INFOCivil cases

Applies to

Status conference statement

A less detailed status conference statement may be filed as an alternative to the joint case management statement when appropriate, to advise the Court of progress or developments since the last review hearing.

A status conference statement may be filed as an alternative to the case management statement when appropriate. A status conference statement is generally less detailed than a case management statement and is to be used to advise the Court of progress or developments in the case which have occurred since the last review hearing.

INFO

Applies to

Petition

The proposed trust should be attached to the petition as an exhibit.

The proposed trust should be attached to the petition as an exhibit.

INFO

Applies to

Fcs intake form

Parties must submit an updated FCS Intake Form (FM-1015) via mail or email if returning to mediation after 6 months or if contact information changes before mediation.

In the event parties have participated in Parent Orientation more than six months earlier and the Court orders the parties to return to mediation, or if the contact information for a party changes at any time prior to mediation, the parties must submit an updated FCS Intake Form for mediation (Attachment FM‐1015 English or Attachment FM‐1015 Spanish) to the FCS office via US mail or via email at FCSCalendar@scscourt.org.