Santa Clara Superior Court Document Filing Requirements

CRITICALCriminal cases

Applies to

Motion

Post-trial motions and motions for new trial must be set and heard in the department where the original hearing judge is currently sitting, and only that judge may set the time and date.

Post-trial motions, motions for new trial, and other matters related to contested cases must be set and heard in the department where the judge who heard the matter is currently sitting. The time and date of the hearing must be set only by that judge.

CRITICAL

Applies to

Juvenile case file request

Persons not statutorily authorized to inspect a Juvenile Court file must file Form JV-570 to petition for 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).

CRITICAL

Applies to

Juvenile case file request

Petitions must state with specificity the information sought and relevance, and be supported by a declaration and possibly a memorandum of 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.

CRITICALCivil cases

Applies to

Petition

All temporary conservatorship petitions must be reviewed by the Probate Examiner's office before presentation to the Court.

All petitions for a temporary conservatorship must be presented to the Probate Examiner's office for review before presentation to the Court.

CRITICALCivil cases

Applies to

Extraordinary services compensation request

A request for extraordinary services compensation must separately state a detailed explanation in a declaration under penalty of perjury executed by the person rendering the services, including the statement of facts required by CRC Rule 7.702.

A detailed explanation of the extraordinary services performed and the amount of compensation requested for such services must be separately stated in a declaration under penalty of perjury executed by the person rendering the services. See also the standards set forth in Local Probate Rule 9G. The explanation must include the statement of facts required by CRC Rule 7.702.

CRITICAL

Applies to

Motion

Must include

certificate of service

No motion will be accepted by the Court Clerk unless accompanied by a proof of service.

No motion will be accepted by the Court Clerk unless it is accompanied by a proof of service.

CRITICALCivil cases

Applies to

Report accompanying accounting

All reports accompanying accountings must allege bond sufficiency under Probate Code § 2320 and CRC 7.207 and state steps being taken if insufficient.

Fiduciaries must allege in all reports accompanying accountings whether or not the bond in the case is sufficient under Probate Code § 2320 and CRC 7.207, and, if not, what steps are being taken to comply with those requirements.

CRITICALCivil cases

Applies to

Order

A private professional fiduciary appointed without prior nomination must attach his/her fee schedule to the order appointing temporary conservator and mail a copy to all persons entitled to notice and the Court Investigator.

If the Court appoints a private professional fiduciary who was not nominated in the petition as a temporary conservator, the private professional must attach his/her fee schedule to the order appointing temporary conservator at the time the order is filed with the court and must mail a copy of the fee schedule to all persons entitled to notice under Probate Code § 1822 and also to the Court Investigator

CRITICALCriminal cases

Applies to

Notice of sealing order

The requesting party must file a written notice of a sealing order before arraignment, or within 2 court days if arraignment has already occurred.

In every matter in which a record has been ordered sealed, the requesting party shall file in the Clerk’s Office a written notice of the sealing order prior to the date of arraignment, or if arraignment has already taken place, no later than 5 p.m. of the second Court day after the sealing order.

CRITICALCivil cases

Applies to

Accounting

Accountings must provide all information required by Probate Code §§ 1060-1064 and receipts schedules must use the categories and format of the optional judicial forms.

All accountings must provide all information required in Probate Code §§ 1060 – 1064. Receipts schedules must use the categories and format used by the optional judicial forms: Dividends; Interest; Pensions, Annuities, other Periodic Payments; Rent; Social Security, Veterans Administration, and Other Public Benefits; Other Receipts.

CRITICALCriminal cases

Applies to

Opposition

A written opposition with supporting papers must be filed unless waived by the court or conceded by the responding party.

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.

CRITICAL

Applies to

Redacted copy of dismissal order

Petitioners seeking their own juvenile records for immigration, military, or employment purposes receive a redacted copy of the dismissal or minute order bearing the minor's name, date of birth, juvenile petition number, and date of dismissal.

Whenever a person is seeking a copy of his/her own juvenile court records for the purpose of providing required information to the Immigration and Naturalization Service for citizenship purposes, or to the United States Armed Forces, or to obtain employment as reflected on the Declaration for Juvenile Court Record, the petitioner shall receive a redacted copy of the dismissal order or minute order bearing the minor's name, date of birth, juvenile petition number and date of dismissal.

CRITICALCivil cases

Applies to

Change of address notification guardian

When a guardian's address changes, the Notification of Change of Address (PB4047) must be filed with the Court.

When the address of the guardian will be changed, the Notification of Change of Address of Conservator/Guardian (attached form PB4047) must be filed with the Court and a copy mailed to the Court Investigator. (Effective 1/1/2011)

CRITICALCivil cases

Applies to

Class certification motion

All facts relied on at the hearing, other than purely rebuttal matters, must be set out in evidence submitted with the notice of motion and moving papers.

All facts other than purely rebuttal matters upon which the moving party will rely in the hearing must be set out in evidence submitted with the notice of motion and moving papers.

CRITICALCivil cases

Applies to

Petition to compromise minor claim

For personal injury claims, the petition must attach a current medical report (within 4 weeks of the petition) with diagnosis and prognosis from a treating licensed physician; medical records may not be substituted.

For personal injury claims of minors and persons with a disability, unless waived by the Court, the petition must have attached a current medical report (prepared within 4 weeks of the date of the petition) that gives a diagnosis and a prognosis of the condition of the individual. The report must be prepared by a licensed physician who has treated the minor or person with a disability. It is not permissible to substitute the medical records of the minor or the person with a disability for this report.

CRITICALCivil cases

Applies to

Accounting

An accounting must be filed at termination of a guardianship of the estate unless waived by a ward who has reached majority.

At termination of a guardianship of the estate, an accounting as required by CRC 7.1004(c), must be filed unless waived by a ward who has reached majority pursuant to Probate Code § 2627 (a).

CRITICAL

Applies to

Juvenile case file request

A petition for disclosure must be filed even if no Juvenile Court action has been commenced.

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.

CRITICAL

Applies to

Juvenile case file request

Must include

proposed order

Petitions must include a Proposed Order After Judicial Review (JV-574) with specific language regarding use and protection of documents.

The Petition must also include a Proposed Order After Judicial Review (Judicial Council Form JV-574), including the following language: “The released documents are to be used only in the above captioned Santa Clara County Superior Case. Experts are permitted to use the documents for purposes of the pending proceeding, but must return them to counsel in a timely manner. Social workers are permitted to discuss the contents of the documents, and also to testify regarding the same if called as a witness. The documents may be disclosed to necessary persons in the pending court proceedings, as determined by the trial judge and subject to any additional orders made by that judge. Except as otherwise provided herein, the documents must not be published, disseminated, copied, or placed on the Internet. Upon completion of the pending proceedings, the petitioner is ordered to either return the documents to the Court or destroy and discard them.”

CRITICAL

Applies to

Wende brief

Wende briefs in misdemeanor appeals must be labeled 'Filed Under People v. Wende' on the cover and include a counsel declaration about no arguable issues and the client's right to submit supplemental briefing within 30 days.

In misdemeanor appeals, all briefs filed under People v. Wende (1979) 25 Cal.3d 436 must be prominently labeled “Filed Under People v. Wende” on the cover. Wende briefs must also include a declaration of counsel under penalty of perjury averring that their client has been advised of counsel’s view that there are no arguable issues to be raised on appeal and of the client’s right to submit their own supplemental briefing within 30 days after the service and filing of the Wende brief.

CRITICAL

Applies to

Jv 570 petition for records

When no juvenile court record is found, the JV-570 Petition for Records form must be noted accordingly and returned to the petitioner.

in any request for juvenile court records where no record is found, that shall be noted on the JV-570 Petition for Records form and the form returned to the petitioner.

CRITICALCivil cases

Applies to

Court investigator report

The sale of the conservatee's residence will not be approved until a Court Investigator's report showing necessity is on file.

The sale of the conservatee's residence (including a mobile home) will not be approved by the Court until a Court Investigator's report showing the necessity for the sale is on file.

CRITICALCivil cases

Applies to

Petition

When a temporary conservatee's residence is proposed to be changed, the hearing must be calendared for the first Tuesday afternoon conservatorship calendar following filing, and form PB-4002 must be submitted with the notice of hearing and original petition.

When the residence of a temporary conservatee is proposed to be changed, the hearing must be calendared for the first Tuesday afternoon conservatorship appointment calendar following the date of filing of the petition. A "Referral for Court Investigator - Conservatorship" form (attached form PB-4002) must be submitted with the notice of hearing and the original petition for review by the Court Investigator.

CRITICALCriminal cases

Applies to

Petition for resentencing

Self-represented persons filing a Petition for Resentencing must use Attachment CR-6087.

A self-represented person shall file the Petition for Resentencing on Attachment CR-6087.

CRITICALCriminal cases

Applies to

Petition to redesignate

Must include

certificate of service

Attorneys use Attachment CR-6086 and self-represented persons use Attachment CR-6087 for petitions to redesignate, with proof of service required for attorneys.

An attorney representing a person shall file the Petition to Redesignate Felony Conviction as Misdemeanor on Attachment CR-6086, with a proof of service. A self-represented person shall file the Petition to Redesignate Felony Conviction as Misdemeanor on Attachment CR-6087.

CRITICALCriminal cases

Applies to

Motion

A Penal Code 1538.5 motion notice must describe with particularity the evidence sought to be suppressed and be served with a memorandum of points and authorities.

The notice of a motion brought under Penal Code section 1538.5 must describe with particularity the evidence sought to be suppressed and must be served with a memorandum of points and authorities.

CRITICALCivil cases

Applies to

Pleading

All pleadings filed by a professional fiduciary must include the fiduciary's license number.

All pleadings filed by a professional fiduciary must include the fiduciary’s license number as issued by the Professional Fiduciary Bureau.

CRITICALCriminal cases

Applies to

Petition for resentencing

Must include

certificate of service

Attorneys filing a Petition for Resentencing must use Attachment CR-6086 and include proof of service.

An attorney representing a person shall file the Petition for Resentencing on Attachment CR-6086, with a proof of service.

CRITICALCivil cases

Applies to

Capacity declaration

Petitioners seeking a conservatorship of the estate using a medical or psychological declarant must submit Judicial Council form GC-335 with attached form PB-4015.

Because a Conservatorship of the Estate or of the Person and Estate is an adjudication that the conservatee lacks the legal capacity to enter into or make any transaction that binds the estate, a petitioner who seeks appointment of a conservator of the estate and is using a medical or psychological professional as declarant must submit a Judicial Council form GC-335, "Capacity Declaration – Conservatorship" with attached form PB-4015, "Capacity Declaration – Conservatorship of the Estate Attachment" attached, to provide evidence establishing that the proposed conservatee suffers from a deficit in mental functions that significantly impairs the proposed conservatee's capacity to make decisions, consistent with the requirements of Probate Code § 811.

CRITICALCivil cases

Applies to

Distribution order

Distribution orders must be self-contained and include complete property descriptions, specific numerical amounts, and full names of all distributees.

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. A complete description of the property to be distributed, including legal descriptions of all assets (e.g., real property, securities, and security interests) and the specific numerical amount to be distributed and not simply percentages, and the full names of all distributees must be set forth in the petition and the order. An order of distribution should include the current address of real property and the assessor's parcel number of the property.

CRITICALCivil cases

Applies to

Ex parte petition

Ex parte petitions must be accompanied by either any PB-4080 or PB-4078 form, as applicable.

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.

CRITICALCivil cases

Applies to

Ex parte application

Must include

proposed order

Attorneys and self-represented parties must submit a proposed order reflecting the orders requested when filing an ex parte application.

Along with the application and declaration in support of ex parte application, attorneys or self‐represented parties must also submit a proposed order reflecting the orders requested in the application.

CRITICALCriminal cases

Applies to

Motion

When moving to reinstate a complaint, the prosecuting attorney must provide a copy of the preliminary examination transcript.

When moving to reinstate a complaint, the prosecuting attorney must provide a copy of the preliminary examination transcript.

CRITICALCivil cases

Applies to

Petition

Where the will devises property to a fiduciary (e.g., trustee, custodian or guardian), the petition, in addition to giving the name and address of the fiduciary, must list the names and addresses of all known beneficiaries of the trust, custodianship, guardianship, etc., who are living or in existence at the date of death of the decedent. Alternate or successor trustees, custodians, or guardians need not be named in the petition. If a post office box is listed as the mailing address for a fiduciary or beneficiary, the street address of the fiduciary or beneficiary must also be shown if available.

Where the will devises property to a fiduciary (e.g., trustee, custodian or guardian), the petition, in addition to giving the name and address of the fiduciary, must list the names and addresses of all known beneficiaries of the trust, custodianship, guardianship, etc., who are living or in existence at the date of death of the decedent. Alternate or successor trustees, custodians, or guardians need not be named in the petition. If a post office box is listed as the mailing address for a fiduciary or beneficiary, the street address of the fiduciary or beneficiary must also be shown if available.

CRITICALCivil cases

Applies to

Petition

The minor must submit a personal statement under penalty of perjury with the petition detailing the reasons and circumstances for the emancipation request.

The minor is to submit to the Court, with his/her petition, a personal statement, under penalty of perjury, specifying in detail the reasons for the emancipation request and describing the circumstances giving rise to the request.

CRITICALCivil cases

Applies to

Petition to compromise minor claim

A petition to compromise a minor's claim must include the names and addresses of the minor's parents.

The petition to compromise a minor's claim must contain, in addition to those matters required by statute and by CRC Rules 7.950 to 7.955, the names and addresses of the minor's parents.

CRITICALCivil cases

Applies to

Petition

The proposed guardian must sign the confidential Referral form (PB-4005) under penalty of perjury at filing and present a signed Authorization for Release of Information form (PB-4014).

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 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.

CRITICALCriminal cases

Applies to

Motion

When seeking to quash or traverse a search warrant, a copy of the search warrant affidavit must be provided and attached to the moving papers.

When an accused is seeking to quash or traverse a search warrant, a copy of the search warrant affidavit must be provided and attached to the moving papers.

CRITICALCivil cases

Applies to

Petition

The original will or codicil must be lodged with the court with the petition, and a typewritten copy must accompany any handwritten portion.

When a petition for probate of will or codicil is filed, the original of the document being offered for probate must be lodged with the court prior to, or concurrently with, the petition. If the will or any part thereof is handwritten, a typewritten copy of the handwritten portion must also accompany the petition.

CRITICALCivil cases

Applies to

Petition

The proposed guardian(s) must sign the confidential Referral form (PB-4005) under penalty of perjury at filing and present a signed Authorization for Release of Information form (PB-4014).

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.

CRITICALCivil cases

Applies to

Motion

Preliminary approval of a class action settlement must be obtained by a regularly noticed motion per CRC 3.769(c).

Pursuant to California Rule of Court (“CRC”) 3.769(c), preliminary approval of a class action settlement must be obtained by way of regularly noticed motion.

CRITICAL

Applies to

Brief

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

CRITICALCivil cases

Applies to

Duties of guardian form

Each guardian must file the Judicial Council Duties of Guardian form (GC-248) with the Court before letters of guardianship are issued.

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).

CRITICALCivil cases

Applies to

Motion

Admissible evidence, typically plaintiffs' counsel declarations, must be presented addressing the potential value of each settled claim and other relief, with recovery broken out by claims, injuries, costs, and fees.

Admissible evidence, typically in the form of declaration(s) of plaintiffs’ counsel, must be presented to address the potential value of each claim that is being settled, as well as the value of other forms of relief, such as interest, penalties and injunctive relief. Counsel must break out their potential recovery by claims, injuries and recoverable costs and attorneys’ fees so the Court can evaluate the value of the claims and discern the potential cash value of the claims and how much the case was discounted for settlement purposes.

CRITICALCivil cases

Applies to

Fee schedule

The fee schedule shall not contain certain prohibited items, including start-up fees, charges for clarifying billing entries, increased litigation-support rates, percentage-of-sale-price compensation, or percentage-of-estate fees exceeding the maximum hourly rate.

The fee schedule shall not contain: (a) Additional compensation, either in terms of a percentage or a standard monthly charge, for undesignated miscellaneous overhead or administrative expenses, or “start-up fees;” (b) Charges made to the conservatee’s estate for time spent in clarifying or explaining billing entries to the Court, for which minimal or incomplete information, in the judgment of the Court, was initially provided; or, (c) Increased hourly rates for conservatorship-related “litigation support.” (d) Compensation in the form of a percentage of the sale price of a conservatee’s real property, either in lieu of, or in addition to, hourly charges for services performed in connection with such sale, or, (e) Fees based upon a percentage of the valuation of the Conservatee’s estate which exceed the private professional fiduciary’s maximum hourly rate.

CRITICALCivil cases

Applies to

Stipulations

Counsel must confer before trial, attempt to stipulate, and reduce all stipulations to writing; written stipulations are filed and read aloud into the record during jury trials.

Counsel must confer in advance of the trial, attempt to stipulate on as many issues and facts as possible, and reduce all stipulations to writing. The written stipulation is filed and during jury trials is read aloud into the record.

CRITICALCivil cases

Applies to

Ex parte application

Must include

proposed order

Ex parte applications must include notice details, opposition status, hearing request, email addresses, and a separate order form.

All ex parte applications must include the following: (a) When and how notice was provided; (b) Whether the relief sought is opposed or unopposed by the other side(s). (c) Whether any party requests a hearing; (d) The email addresses of all counsel or self-represented litigants, if known; and (e) A separate form of order attached to form EFS-020.

CRITICAL

Applies to

Ex parte application

All ex parte or emergency applications must be submitted on Form FL-300 with Rule 5.151 information; ex parte applications are decided on documents without hearings.

All applications for ex parte or emergency orders must be submitted on Form FL-300 and must include all of the information and documentation required by Cal. Rules, Rule 5.151. In Santa Clara County Family Court, all ex parte applications are handled on the documents submitted. No hearings are scheduled to argue ex parte applications.

CRITICAL

Applies to

Post mediation hearing statement

Each party must serve and file a Post-Mediation Hearing Statement at least 10 calendar days before the PMH and bring two copies of the form to the hearing.

Each party must serve and file a Post-Mediation Hearing Statement at least 10 calendar days before the scheduled PMH. (See attached form FM-1016) Each party must bring two copies of this form to the PMH.

CRITICAL

Applies to

Request for trial

If a party disagrees with a Request for Trial, they must file the Request for Trial form (FM-1012) explaining the 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.

CRITICALCivil cases

Applies to

Proposed order

Proposed orders may not be submitted with moving papers before a hearing unless ordered by the Court or required by statute or rule.

Proposed orders may not be submitted with moving papers before a hearing on a regularly noticed motion unless ordered by the Court or required by applicable statute or Rule of Court (such as motions to be relieved as counsel, petitions for compromise of minors’ claims, orders on objections to evidence in summary judgment motions, pro hac vice applications, applications for writs of attachment, etc.).