Santa Clara Superior Court Document Filing Requirements

CRITICAL

Applies to

Income and expense declaration

Both parties must file and serve a current Income and Expense Declaration (or Financial Statement Simplified) when support is at issue, with all blanks answered and no cross-references to other documents.

A current Income and Expense Declaration or, if applicable, Financial Statement (Simplified), shall be filed and served by both parties as part of the moving or responding papers if support is an issue. An Income and Expense Declaration or Financial Statement is "current" within the meaning of this Rule if it was completed and filed within three months prior to the hearing, as long as none of the information has changed. A copy of any previously-filed Income and Expense Declaration that is asserted as current must be attached to the moving or responding papers. All blanks on the forms must be answered. Notations such as "unk." for unknown, "est." for estimated, "N/A" for not applicable, and "None" shall be used to avoid leaving any item blank, but failure to provide any required information may result in the Court's refusal to consider the forms, denial of the requested relief, or a delay of the hearing. Referring to any separate document, such as "see SAD (Schedule of Assets and Debts)" is not acceptable.

CRITICALCivil cases

Applies to

Statement of compliance

Must include

local rule certificate

Counsel must execute a Statement of Compliance certifying compliance with the Local Rules and these Complex Civil Guidelines.

Execute the Statement of Compliance indicating counsel has complied with the Local Rules and these Guidelines.

CRITICALCivil cases

Applies to

Complaint

In CEQA cases, the plaintiff must state 'ACTION BASED ON CALIFORNIA ENVIRONMENTAL QUALITY ACT' in the caption of the complaint directly below the title.

When a case is filed alleging a violation of the California Environmental Quality Act (CEQA), the plaintiff must state in the caption of the complaint, directly below the title of the complaint: ACTION BASED ON CALIFORNIA ENVIRONMENTAL QUALITY ACT.

CRITICAL

Applies to

Restraining order

All personal conduct and stay-away restraining orders in a judgment must be set forth separately on a CLETS or Judicial Council form and include the expiration date.

All personal conduct and stay-away restraining orders in a judgment must be set forth separately on a CLETS or Judicial Council form and must include the expiration date.

CRITICALCivil cases

Applies to

Exhibit list

Each counsel must provide the Court with an exhibit list describing each exhibit and indicating whether it is to be admitted into evidence by stipulation.

Each counsel must provide the Court with an EXHIBIT LIST describing each exhibit, indicating whether the exhibit is to be admitted into evidence by stipulation.

CRITICAL

Applies to

Referral to pmh

After private mediation without a full agreement and no return mediation, one party must complete and file a Referral to Post-Mediation Hearing describing the remaining disputed issues.

If the parties do not reach a full agreement at private mediation and no return mediation is scheduled, one party must complete and file a Referral to Post-Mediation Hearing (PMH). (See attached form FM-1191) The Referral must describe generally the remaining disputed issues.

CRITICAL

Applies to

Declaration

Default will not be entered when the Respondent's address on FL-165 matches the Petitioner's address unless the Petitioner also files an under-oath declaration that they live at the same address.

Default will not be entered if Respondent's address as stated on Petitioner's Request to Enter Default (Form No. FL-165) is the same as Petitioner's address, unless Petitioner also files a declaration stating under oath that Petitioner and Respondent live at the same address.

CRITICALCivil cases

Applies to

Mini trial

For mini-trials, briefs and factual stipulations must be submitted in advance.

Briefs and factual stipulations must be submitted in advance.

CRITICAL

Applies to

Restraining order application

Restraining order applications and orders after hearing must include the Confidential CLETS Information Form CLETS-001, and the Request for Sheriff to Serve (FM-1041) when applicant requests Sheriff service.

All restraining order applications and orders after hearing must be accompanied by the Confidential CLETS Information Form CLETS-001 and where applicant requests that the Sheriff serve the orders, by the Request for Sheriff to Serve and Sheriff's Fee Statement (form FM-1041), which will not become part of the court file.

CRITICALCivil cases

Applies to

Pretrial conference documents

Counsel must meet and confer (in person, by telephone, or by videoconference) and execute the required documents at least 10 days before the pretrial conference.

At least 10 days before the pretrial conference, counsel shall meet and confer and execute necessary documents listed below. Counsel shall meet in person (or by telephone or videoconference) at a mutually agreeable time and location.

CRITICALCivil cases

Applies to

Adr stipulation and order form

All parties must complete form CV-5008, check the Early Settlement Conference box, include the neutral's signature, and e-file the form.

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, and e-file the ADR Stipulation and Order Form.

CRITICALCivil cases

Applies to

Joint statement of the case

At the pretrial conference meet and confer, the parties must prepare a Joint Statement of the Case.

At the meet and confer, the parties shall: 1. Prepare a Joint Statement of the Case.

CRITICALCivil cases

Applies to

Opposition

When an amended pleading is filed after a sustained demurrer or granted motion to strike with leave to amend, the plaintiff or cross-complainant must file with its opposition to any successive demurrer or motion to strike a redline comparing the amended pleading to the previous version.

When the Court sustains a demurrer or grants a motion to strike with leave to amend and an amended pleading is filed, the plaintiff or cross-complainant shall file with its opposition to any successive demurrer or motion to strike a redline comparing the amended pleading to the previous version of the pleading.

CRITICAL

Applies to

Fee declaration

Fee and cost requests over $1,000 must include a signed attorney fee declaration addressing services performed, future estimates, financial circumstances, prior fee awards, and attorney experience.

and cost request over $1,000 shall include a separate written fee declaration signed by the attorney and addressing the following facts: (Effective 1/1/2011) (1) the services performed and by whom and costs incurred to date, the time expended, and the hourly rate(s) charged, if applicable; (Effective 1/1/2011) (2) the best estimate of the future services to be performed and costs to be incurred; the specific amounts of fees and costs requested, the reasons for the request, and why the fees and costs are necessary; (Effective 1/1/2011) (3) each party’s financial circumstances and access to assets, including a copy of any computer printout for any current support order; (Effective 1/1/2011) (4) all fees paid by or on behalf of the party requesting fees and costs, and the history of prior fee awards; and (Effective 1/1/2011) (5) a brief description of the attorney’s experience in practicing family law, including whether

CRITICAL

Applies to

Application for permission to attach additional documents

A party may apply ex parte with written notice to the other parties for permission to attach additional documents, and the application must state reasons why the additional attachments are relevant and necessary.

However, a party may apply to the court ex parte with written notice of the application to the other parties for permission to attach additional documents. The application must state reasons why the additional attachments are relevant and necessary.

CRITICAL

Applies to

Request for order

A Request for Order seeking temporary orders without prior notice must include a sworn statement of good cause not to give notice, which may be on Attachment FM-1013 or a sworn declaration, and the moving party cannot rely solely on its support declaration.

Any Request for Order seeking temporary orders without prior notice to all parties, including orders shortening time (except for requests for domestic violence restraining orders, gun violence restraining orders or matters described in Cal. Rules, Rule 5.170), 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 Request for Order to establish good cause not to give notice. The statement of good cause not to give notice may be provided on Attachment FM-1013, with attached pages if necessary, or may be provided through a sworn declaration submitted with Attachment FM-1013.

CRITICALCivil cases

Applies to

Joint list of controverted issues

Parties must prepare a Joint List of Controverted Issues in both jury and non-jury trials, and any issue the parties fail to agree on is deemed controverted.

Prepare a Joint List of Controverted Issues. If all the parties fail to agree to an issue as controverted or uncontroverted, then the issue is controverted. (Required for both jury and non-jury trials).

CRITICALCivil cases

Applies to

Deposition transcripts

Deposition transcripts expected to be used at trial must be lodged with the Court on the first day of trial.

Deposition transcripts that are expected to be used at trial must be lodged with the Court on the first day of trial.

CRITICALCivil cases

Applies to

Discovery responses

Responses to interrogatories and requests for admission expected to be used at trial must be extracted, lodged with the Court, and a copy given to counsel.

Responses to interrogatories and requests for admission that are expected to be used at trial must be extracted and lodged with the Court, and a copy given to counsel, at the appropriate time.

CRITICALCivil cases

Applies to

Witness list

Counsel must be prepared to state at the conference the time they will need to cross-examine each witness listed by the opposing party.

Counsel must also be prepared to state at the conference how much time they will require for cross-examination of each witness identified on the other party's list.

CRITICAL

Applies to

Default judgment

Default and uncontested family law judgments must be obtained by declaration through the Default Clerk, except nullity of marriage cases require a default hearing.

All uncontested and default family law judgments must be obtained by declaration through the Default Clerk except that a default hearing is required for nullity of marriage cases.

CRITICAL

Applies to

Order after status conference

At the conclusion of a Status Conference, parties must prepare the Order After Status Conference on Local Form FM-1123 and present it to the Court for signature, unless otherwise ordered; self-represented parties may get help from the Family Court Clinic.

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.

CRITICALCivil cases

Applies to

Settlement disposition documents

Upon settlement before a hearing or trial, parties must file a Notice of Settlement, Request for Dismissal, Stipulation for Entry of Judgment, or Judgment on Stipulation ready for the Court's signature, or appear at the scheduled hearing and recite the settlement on the record.

In the event a case settles before a court hearing or trial date, parties must telephonically notify the Court as soon as the disposition is agreed upon and must file with the Complex Litigation Department either a Notice of Settlement, Request for Dismissal, a Stipulation for Entry of Judgment or a Judgment on Stipulation that is ready for the Court’s signature. If the applicable document is not ready, counsel must appear at the time scheduled for hearing and recite the settlement for the record.

CRITICALCivil cases

Applies to

Trial documents

Unless the case settled at the MSC, was dismissed in full, or the Court orders otherwise, parties must deliver in limine motions (with a list), exhibit lists/indices (except impeachment exhibits), witness lists, jury instruction requests, proposed special verdicts, stipulations, a concise non-argumentative statement of the case, and trial briefs to the department on the morning of the first day of trial.

Unless the case was settled at the Mandatory Settlement Conference or dismissed in full prior thereto, or unless otherwise ordered by the Court, the following items must be delivered to the department on the morning of the first day of trial: a. all in limine motions and a list of the in limine motions; (2) exhibit lists/indices, except impeachment exhibits; (3) witness lists, except impeachment witnesses, and unusual scheduling problems; each witness listed shall include a succinct (no more than one or two sentences) statement of the general subject matter of the witness' testimony and an estimate of the time that will be required for the direct examination of each such witness; (4) jury instruction requests, except for instructions that cannot reasonably be anticipated prior to trial; (5) proposed special verdicts; (6) any stipulations on factual or legal issues; (7) a concise, non-argumentative statement of the case to be read to the jury in jury trials; (8) trial briefs;

CRITICAL

Applies to

Declaration

When none of the qualifying conditions apply, the Petitioner must file and serve a declaration in support of the proposed custody and visitation orders at least 15 calendar days before the Judgment is submitted.

If none of these conditions apply, Petitioner shall file and serve, by personal delivery, a declaration in support of the proposed orders at least 15 calendar days before the Judgment is submitted.

CRITICAL

Applies to

Fee declaration

Fee requests over $1,000 must be accompanied by the fee declaration described in Rule 4 B, in addition to the Income and Expense Declaration.

Any fee request above $1,000 shall be accompanied by the declaration described in Section B below, in addition to the Income and Expense Declaration.

CRITICAL

Applies to

Order after crc

Parties must prepare an Order After CRC on Form FM-1123 and present it to the Court for signature at the conclusion of the CRC hearing.

To document the orders made at the CRC, the parties must prepare the Order After Case Resolution 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.

CRITICAL

Applies to

Stipulation to allow jcc

All parties and attorneys must sign the Stipulation to Allow Trial Judge/Commissioner to Conduct Judicial Custody Conference (JCC) before a JCC can be scheduled before the APJ.

All parties and attorneys must sign the Stipulation to Allow Trial Judge/Commissioner to Conduct Judicial Custody Conference (JCC) before a JCC can be scheduled before the APJ.

CRITICAL

Applies to

Stipulation

All stipulations must be signed by both parties and, if represented, by any attorney of record.

All stipulations must be signed by both parties and if represented, any attorney of record.

CRITICALCivil cases

Applies to

Remote appearance request

A request for approval to appear remotely by video must include RA-010, MC-025, and a blank FM-1201; telephone appearances are not permitted.

If you wish to ask for court approval to appear remotely using video-conferencing (telephone appearances are not permitted) you must submit the following forms: RA-010 [Notice of Remote Appearance], MC-025 [Attachment] (to supplement your request), and a blank FM-1201 [Order Regarding Remote Appearance].

CRITICALCivil cases

Applies to

Complaint

For Rule 3.740 collections cases, the filing party must submit a blank Civil Lawsuit Notice – Rule 3.740 Collections Cases (CV-5052) to the clerk.

The filing party must submit a blank Civil Lawsuit Notice – Rule 3.740 Collections Cases (CV-5052) to the clerk for issuance of Judicial Assignment and Department with the filing of the new complaint.

CRITICALCivil cases

Applies to

Ex parte application

Ex parte applications for provisional remedies must state the relief sought on the first page.

Ex parte applications seeking a provisional remedy or interim relief (temporary restraining orders, orders to show cause re: preliminary injunction, writs of attachment, writs of possession, and receiverships) must clearly state the preliminary relief sought on the first page of the application.

CRITICALCivil cases

Applies to

Stipulation to continue

Must include

proposed order

Stipulations to continue a hearing or trial date must include a proposed order with a blank line for the Court to fill in the new hearing or trial date.

Stipulations to continue a hearing or trial date must include a suggested future hearing date or a suggested timeframe for a future hearing date and must include a proposed order with a blank line for the Court to fill in a new hearing or trial date.

CRITICALCivil cases

Applies to

Joint pretrial statement

Detailed joint pre-trial statements containing concrete suggestions for efficient trial management must be submitted in advance of the pre-trial conference.

The Court requires detailed JOINT pre-trial statements in advance of a pre-trial conference where counsel are expected to make concrete suggestions as to efficient trial management; see XI below.

CRITICALCivil cases

Applies to

Joint case management statement

Parties must file a joint case management statement (instead of Form CM-110) before each conference, addressing the case summary, prior orders and compliance, anticipated problems, management suggestions with a proposed timeline, and any special considerations.

Judicial Council Form CM-110, Civil Case Management Statement (required by CRC 3.725(c)), is not well-suited for complex cases. Instead, the parties shall file a joint case management statement no later than five calendar days before the hearing for each conference addressing the following subjects: (a) a brief objective summary of the case, (b) a summary of any orders from prior case management conferences and the progress of the parties' compliance with said orders, (c) significant procedural and practical problems that may likely be encountered, (d) suggestions for efficient management, including a proposed timeline of key events, and (e) any other special consideration to assist the Court in determining an effective case management plan.

CRITICAL

Applies to

Order shortening time request

Requests for orders shortening time must be submitted as ex parte applications on Form FL-300 with a declaration of evidentiary facts, and are granted only upon good cause.

A request for an order shortening time must be submitted to the Court Specialist as an ex parte application on Form FL-300 and must include all of the information and documentation required by Cal. Rules, Rule 5.151, including a declaration setting forth evidentiary facts which explain why a shorter notice period is necessary. An Order shortening time will only be granted upon a showing of good cause.

CRITICALCivil cases

Applies to

Initial pleading

Except in non-CEQA petition for writ of mandate cases, when the complaint or other initial pleading is filed, the filing party must submit a blank Civil Lawsuit Notice (CV-5012) to the clerk of the court for issuance of Judicial Assignment, Initial Court Hearing Date, Time, and Department with the filing of the new complaint.

Except in non-CEQA petition for writ of mandate cases, when the complaint or other initial pleading is filed, the filing party must submit a blank Civil Lawsuit Notice (CV-5012) to the clerk of the court for issuance of Judicial Assignment, Initial Court Hearing Date, Time, and Department with the filing of the new complaint.

CRITICALCivil cases

Applies to

Civil restraining order application

Civil restraining order applications must include Declaration form CV-5014 and may be e-filed or filed in clerk's office.

Applications for civil harassment, elder abuse, private post-secondary school violence, transitional housing misconduct, or workplace violence restraining order must include a Declaration in Support of Ex Parte Application for Civil Restraining Orders (form CV-5014) and may be e-filed or filed in the clerk’s office at any time during the clerk’s office hours.

CRITICALCivil cases

Applies to

Petition for writ of mandate

Petitions for writ of mandate that qualify as priority election matters must include 'PRIORITY ELECTION MATTER' on the right side of the caption, a citation to the applicable legal authority, and the statutory/agency deadline for final action.

All petitions for writ of mandate that qualify as a priority election matter (Elections Code § 13314, Government Code § 83121, or Code of Civil Procedure § 460.7) must include the language “PRIORITY ELECTION MATTER” on the right side of the caption on the petition and any amended petitions, and must include a citation to the applicable legal authority qualifying the particular petition as a priority election matter. Beneath the designation of “PRIORITY ELECTION MATTER” the caption of any petition that qualifies as a priority election matter must also contain the deadline imposed by the applicable statute or agency (such as Secretary of State, Santa Clara County Office of the Registrar of Voters, etc.) by which the court must take final action on the merits of the petition, including for disposition by the Court of Appeal.

CRITICAL

Applies to

Documents submitted to evaluator

For submissions over 15 pages, the party must provide an index, number pages sequentially, and assign a priority to all documents submitted.

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.

CRITICALCivil cases

Applies to

Judges adr program 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.

CRITICALCivil cases

Applies to

Joint witness list

At the pretrial conference meet and confer, the parties must prepare a Joint Witness List excluding impeachment or rebuttal witnesses, with accurate time estimates.

Prepare a Joint Witness List, excluding impeachment or rebuttal witnesses, with accurate time estimates.

CRITICAL

Applies to

Settlement conference statement

Each party must file and serve a Settlement Conference Statement at least 10 days before MSC (15 if service by mail).

At least ten (10) calendar days before the MSC, or fifteen (15) calendar days if service is by mail, each party must file and serve on the other party a Settlement Conference Statement.

CRITICAL

Applies to

Restraining order

DVPA and Family Law Act restraining orders must be submitted on CLETS or Judicial Council approved forms; ex parte CLETS requests must include completed FM-1013, and a firearm declaration (CV-5103/FM-1200) may be filed if the other party has guns.

Any restraining orders under the Domestic Violence Prevention Act or Family Law Act must be submitted to the Court on the CLETS forms or other Judicial Council approved forms. All ex parte requests for CLETS restraining orders must include a completed Declaration in Support of Ex Parte Application for Orders (form FM-1013). If a party requesting a restraining order believes the other party has access to or possesses guns, firearms, or ammunition, the requesting party may file a Declaration Regarding Restrained Party's Firearms (form CV-5103/FM-1200) with their restraining order request, at any time before the hearing, or as directed by the Court.

CRITICAL

Applies to

Income and expense declaration

When attorney's fees are requested, both parties must file and serve a current Income and Expense Declaration with attached pay stubs and complete the attorney's fees and asset sections.

When a party has requested attorney's fees (either pendente lite or after judgment), both parties shall file a current Income and Expense Declaration with attached pay stubs, which shall be served along with the Application, Request for Order, or Responsive Declaration requesting fees. The requirements of Rule 3 B above concerning the definition of "current," the attachment of a previously-filed statement, and the completion of all blanks apply. Both sides must also complete the attorney's fees section, and provide complete information in the asset section (Section 11).

CRITICAL

Applies to

All filed documents

Must include

judge name

All filed documents must include the name of the assigned All-Purpose Judge (APJ) and department.

All filed documents must contain the name of the assigned APJ and department.

CRITICAL

Applies to

Ex parte application

Every ex parte application must disclose potential status quo changes, existing orders on the same issue, and all previous applications on the same issue and any orders made.

All ex parte applications must disclose: (1) whether a requested ex parte order will result in a change of status quo, and (2) whether orders are already in effect regarding the same issue; and (3) all previous applications on the same issue by any party and whether any orders were made, even if an application was previously made upon a different state of facts. Previous applications include an order to shorten time for service of notice or an order shortening time for hearing.

CRITICAL

Applies to

Status case resolution conference questionnaire

If a trial is requested, each party must file and serve a completed Status/Case Resolution Conference Questionnaire (FM-1010) at least 10 calendar days before the conference.

party requests a trial or long cause hearing, each self-represented party or attorney must file and serve on the other self- represented party or attorney a completed Status or Case Resolution Conference Questionnaire (Local Form FM-1010) at least ten (10) calendar days before any scheduled Status Conference or CRC. If

CRITICALCivil cases

Applies to

Discovery response extracts

In jury trials, interrogatory and RFA questions and answers must be read into the record subject to objections, while extracts may be submitted as exhibits in court trials.

In jury trials, questions and answers must be read into the record, subject to proper objections. The extracts may be submitted as exhibits in a Court trial.

CRITICALCivil cases

Applies to

Deposition transcript extracts

In jury trials, pertinent deposition provisions must be read into the record subject to objections, while in court trials extracts may be submitted and marked as exhibits.

Pertinent provisions must be read into the record in jury trials, subject to proper objections. In Court trials, extracts may be submitted and marked as exhibits.