Santa Clara Superior Court Document Filing Requirements

CRITICAL

Applies to

Documents submitted to evaluator

Must include

certificate of service

Documents provided to an evaluator or screener must be accompanied by a proof of service or FCS declaration of mailing/personal service form stating the number of submitted pages.

Any documents provided to an evaluator or screener must be accompanied by either a Judicial Council Proof of Service (FL‐330 or FL‐335) or the FCS Declaration of Mailing or Personal Service form (See attached form FM‐1061). The number of submitted pages must be stated on the form.

CRITICALCivil cases

Applies to

Witness list

Each witness on the trial witness list must include a succinct (no more than one or two sentences) statement of the general subject matter of testimony and an estimate of the time needed for direct examination.

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;

CRITICALCriminal cases

Applies to

Declaration for juvenile court records

When delinquency records are inspected or copied, the Court's Declaration for Juvenile Court Records must be submitted and filed, dated, and include the attorney's name and state bar number.

When any such Delinquency records in the Juvenile Court file are inspected or copied by defense counsel, the District Attorney or their designated agency pursuant to a conflict, pursuant to the provisions of this Order, the Court's Declaration for Juvenile Court Records shall be submitted and filed, and shall be dated and contain the name and state bar number of the attorney filing the request.

CRITICAL

Applies to

Statement of issues

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

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

CRITICAL

Applies to

Jssc application

The JSSC application must use Local Form FM-1119, be submitted to the Supervising Judge, and be signed by all counsel and parties.

must be made on the Judicially Supervised Settlement Conference Application and Order form (Local Form FM- 1119) and submitted to the Supervising Judge. The application must be signed by all counsel and parties.

CRITICALCivil cases

Applies to

Mini trial stipulation

To schedule a mini-trial, a party must contact the Complex Litigation Clerk and submit a stipulation signed by all counsel.

Contact the Complex Litigation Clerk to schedule a date and submit a stipulation signed by all counsel.

CRITICAL

Applies to

Proposed order

Proposed orders must carry a footer with the order title on every page and the signature page must contain text of the order (Judicial Council forms excepted).

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.

CRITICAL

Applies to

Mediation objections

Written objections to a mediated agreement must identify the specific paragraphs and language objected to, state the reasons, and propose 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.

CRITICAL

Applies to

Settlement agreement

Any full or partial settlement reached in the JSSC 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.

CRITICALCivil cases

Applies to

Exhibits

Counsel must provide the Court with trial exhibits plus one copy.

Counsel must provide the Court with the exhibits, plus one copy.

CRITICAL

Applies to

Settlement conference statement

Each party must file a Settlement Conference Statement at least 10 calendar days before the MSC, or 15 calendar days if service is 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

Temporary guardianship petition

The temporary guardianship petition must state facts establishing urgency.

The petition must state facts establishing the urgency requiring the appointment of a temporary guardian.

CRITICAL

Applies to

Order after case resolution conference

Must include

proposed order

Parties must prepare an Order After Case Resolution Conference 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. Self-represented parties may seek the assistance of the Family Court Clinic to prepare the Order.

CRITICAL

Applies to

Petition for distribution

Persons filing preliminary or final distribution petitions must report all IAEA actions taken and the amounts paid or received.

In a petition for preliminary distribution or final distribution, all actions taken under the IAEA must be reported as set forth in CRC Rule 7.250. Additionally petitioner must report the amount paid or received, if applicable.

CRITICAL

Applies to

Petition to withdraw funds

Must include

proposed order

A petition to withdraw funds from a blocked account must include a proposed order on Judicial Council form MC 358 for the Court's signature.

the petitioner must submit for the Court’s signature the Judicial Council form “Order For Withdrawal of Funds From Blocked Account” (form number MC 358).

CRITICAL

Applies to

Tax returns

Parties must bring at least three legible copies of most recent tax returns to the hearing.

The parties shall bring to the hearing at least three legible copies of their most recent state and federal income tax returns including all Attachments, specifically including all schedules, W-2 forms, 1099 forms, and amendments. If a self-employed party operates as a corporation, that party shall also bring copies of the most recent corporate tax return. If the most recent tax returns are not for the prior year, (1) self-employed parties shall bring their most recent profit and loss statements, balance sheets, quarterly sales tax reports, or similar documentation evidencing income from all sources; and (2) employees shall bring paystubs for the prior year-end showing all income for the prior year. The Court may request additional tax returns and related documents. Failure to bring tax returns to the hearing may result in a delay of the hearing on a request for support or other sanctions.

CRITICAL

Applies to

Motion to join

A party joining a motion must set out the relevant facts and law as to that party, and motions to join must be made in writing.

Any party seeking to join in any motion must set out the relevant facts and law as it relates to the joining party. All motions to join must be made in writing.

CRITICAL

Applies to

Emancipation petition

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

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.

CRITICAL

Applies to

Level of care evaluation

Level of care evaluation must be filed on Judicial Council form 'Determination of Conservatee’s Appropriate Level of Care'.

The evaluation shall be filed on the Judicial Council form entitled "Determination of Conservatee’s Appropriate Level of Care (P.C. § 2352.5)."

CRITICAL

Applies to

Income expense declaration

Parties must file and serve a current Income and Expense Declaration or Financial Statement when support is at issue, with all blanks answered.

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.

CRITICAL

Applies to

Declaration in support of ost

OST declarations must state good cause and facts about notice and positions of counsel.

Orders Shortening Time must be signed only by the judge hearing the motion or a designee. The declaration in support of the request for an Order Shortening Time must set forth good cause and must state the facts concerning notice to, and the position of, opposing counsel, co-counsel, and counsel for co-defendants.

CRITICAL

Applies to

Accounting

Guardians/conservators presenting standard accounts who do not use optional forms must use the content and format of those forms but may use conventional accounting programs.

Those guardians and conservators presenting standard accountings who do not use the optional Judicial Council forms are required to use the content and format called for in those forms, but may submit accountings prepared on conventional accounting programs.

CRITICAL

Applies to

Ex parte application

Must include

proposed order

Attorneys and self-represented parties must submit a proposed order reflecting the orders requested in the 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.

CRITICAL

Applies to

Trustee accounting

If the trust beneficiary is conserved, a Referral for Court Investigator form must be submitted with the trustee's accounting and notice of hearing.

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

CRITICAL

Applies to

Petition for final distribution

Petitions for final distribution on waiver of account must include CRC 7.550 information and fair market value of assets.

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

CRITICAL

Applies to

Petition

Court approval and petition allegations of the parents' financial inability are required before using guardianship assets for a ward's support.

If a ward has a living parent or receives or is entitled to support from another source, prior Court approval must be obtained before using guardianship assets for the ward's support, maintenance, or education. (See Probate Code section 2422.) The petition must set forth the financial inability of the parent or parents or other circumstances that would justify

CRITICAL

Applies to

Declaration

Attorneys representing youth in Juvenile Justice proceedings must complete the Declaration of Eligibility form (JV-700).

represent youth in Juvenile Justice proceedings to complete Declaration of Eligibility for Appointment to Represent Youth in Delinquency Court (Judicial Council Form JV-700).

CRITICAL

Applies to

Referral to pmh

After private mediation without a full agreement, one party must complete and file a Referral to Post-Mediation Hearing.

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)

CRITICAL

Applies to

Contempt order

Must include

proposed order

After a contempt hearing, the moving party must prepare an order on the Judicial Council form and provide a copy to the other party at the same time it is sent to the Court; if the citee is self-represented, it must be submitted without the citee's approval.

After the contempt hearing, the moving party shall prepare an order for the Court’s signature, using the Judicial Council form, setting forth the Court’s findings and orders. If the citee is self-represented, the moving party shall submit the order directly to the Court, without the citee’s approval as to form and content. A copy of the proposed order shall be provided to the other party at the same time it is sent to the Court.

CRITICAL

Applies to

Petition to compromise minors 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.

CRITICAL

Ex parte applications for a provisional remedy or interim relief must clearly state the preliminary relief sought on the first page of the application.

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.

CRITICAL

Applies to

Motion

Motions requesting a hearing date on or after the Master Trial Calendar date require the approval initials of the Supervising Judge – Criminal or designee.

Any motion to be filed with a requested hearing date on or after the Master Trial Calendar date must have the approval initials of the Supervising Judge – Criminal or their designee.

CRITICAL

Applies to

Fcs document submission

Must include

page count, certificate of service

Documents provided to an evaluator/screener must be accompanied by proof of service with page count stated.

Any documents provided to an evaluator or screener must be accompanied by either a Judicial Council Proof of Service (FL‐330 or FL‐335) or the FCS Declaration of Mailing or Personal Service form (See attached form FM‐1061). The number of submitted pages must be stated on the form.

CRITICAL

Applies to

Civil lawsuit notice rule 3 740

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

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.

CRITICAL

Applies to

Sale of residence documents

Sale of conservatee's residence requires a Court Investigator's report on file and the conservator must file a PC §2540(b) declaration and submit referral form with the notice and declaration.

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

CRITICAL

Applies to

Motion

Must include

certificate of service

Motions must be accompanied by a proof of service to be accepted by the Court Clerk.

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

CRITICAL

Applies to

Supervisor application

Professional visitation supervisors must submit FL-324(P) and FM-1179 to Family Court Services to be listed.

visitation and professional exchange supervisors must complete and submit Judicial Council Form FL- 324(P), Declaration of Supervised Visitation Provider (Professional), and the Initial and Annual Renewal Application and Change Request Form (see attached form FM-1179) to Family Court Services to be included on the Supervised Visitation and Supervised Exchange Provider List.

CRITICAL

Applies to

Application to file new litigation

Must include

proposed order

A vexatious litigant applying to file new litigation must include a copy of the proposed litigation and a declaration with reasons and a proposed order with blanks for decision and security amount.

The application for such leave must include: A. A copy of the proposed new litigation. B. A declaration setting forth: (1) The reason(s) the proposed new litigation has merit; and (2) The applicant's reason(s) why leave to file the proposed new litigation is not requested for the purposes of harassment or delay; and (3) A proposed order with a blank to be completed by the Presiding Judge indicating that the application is granted or denied, and a second blank indicating the amount of security, if any, that must be furnished for the benefit of the defendant(s) as a condition of filing the proposed new litigation, pursuant to CCP § 391.7 (b).

CRITICAL

Applies to

Stipulation jcc

All parties and attorneys must sign the Stipulation 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. (See attached form FM-1192)

CRITICAL

Applies to

Ex parte petition

Ex parte petitions must include the Probate Ex Parte Relief Checklist (PB-4078) to be considered for initial review.

Certain uncontested petitions may be submitted ex parte and will receive initial review by the Probate Attorney prior to submission to a Probate judge for review. To be considered for this review, the petition must be accompanied by the Probate Ex Parte Relief Checklist (form PB-4078).

CRITICAL

Applies to

Request for sentence modification

Must include

certificate of service

Sentence modification requests require notice to the DA and probation department, with proof of notice attached, or they won't be considered.

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

CRITICAL

Applies to

Accounting

A Referral for Court Investigator form must accompany the guardian's accounting for review by the Court Investigator.

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

CRITICAL

Applies to

Petition for resentencing

Self-represented person must file the Petition for Resentencing on Attachment CR-6087.

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

CRITICAL

Applies to

Accounting

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

Notice of motion

Notices of motions to suppress under Penal Code section 1538.5 must describe the evidence with particularity 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.

CRITICAL

Applies to

Capacity declaration

Petitioner using a medical or psychological professional must submit GC-335 with attached PB-4015.

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

CRITICAL

Applies to

Account

Each figure in the account summary must be supported by separate schedules.

Each figure on the summary of the account must be supported by separate schedules.

CRITICAL

Applies to

Request for order

Parties requesting attorney's fees must file a current Income and Expense Declaration with attached pay stubs served with the fee request.

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.

CRITICAL

Applies to

Restraining order

Restraining order applications and orders after hearing must be accompanied by CLETS-001 and, if Sheriff service is requested, FM-1041.

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),

CRITICAL

Applies to

Criminal case declaration

Attorneys/defendants seeking juvenile records must concurrently file a Declaration of Filing of Juvenile Court 827 Petition (Local Form CR-6082) in the criminal case.

i. Attorneys or defendants who are involved in a criminal proceeding in Superior Court, Santa Clara County, who seek Juvenile Court documents or records for use in the pending criminal action must, in addition to filing a W & I Code Section 827 Petition in the Juvenile Court, concurrently file a Declaration of Filing of Juvenile Court 827 Petition (Local Form CR- 6082) in the