Santa Clara Superior Court Document Filing Requirements

CRITICAL

Applies to

All documents

Parties must redact or omit personal data identifiers (e.g., SSNs, financial account numbers) from all documents and exhibits.

Unless the document is confidential and/or will be filed under seal, to protect personal privacy, parties must not include, or must redact where inclusion is necessary, the personal data identifiers from all documents, including any exhibits, filed with the court under this rule, such as social security numbers, and financial account numbers.

CRITICAL

Applies to

Application for review

The application must attach any prior W&I Code 329 application.

The application must include a copy of any application made pursuant to W & I Code Section 329 if one was made.

CRITICAL

Applies to

All filed documents

Must include

judge name

All filed documents must contain 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

Trust accounting

Trust accountings with trustee/attorney fees must include supporting evidence, including explanation of reasonable fee calculations.

When a trust accounting submitted for approval by the Court contains disbursements for trustee or attorney fees, the trustee or attorney must furnish evidence to support the disbursements for fees in a manner consistent with the requirements of the trust instrument. If the trust permits “reasonable fees” without court approval, for instance, the trustee shall furnish an explanation of how the “reasonable fee” was calculated

CRITICAL

Applies to

Request for appointment of official reporter pro tempore

The Judicial Officer must sign the order appointing the reporter as official reporter pro tempore before the reporter may report the proceeding.

The Judicial Officer must sign the order appointing the reporter as an official reporter pro tempore, using the Request for Appointment of Official Reporter Pro Tempore (CV-5100), before the reporter may report the proceeding.

CRITICAL

Applies to

Petition

The terms of sale shown in the petition cannot vary from those in the published notice.

There cannot be a variance in the terms of sale between those shown in the petition and those in the published notice.

CRITICAL

Applies to

Request to file late motion

Requests to file a motion after the last day must include an affidavit of good cause.

Any request to file a motion beyond a previously declared last day to file must be accompanied by an affidavit stating good cause for the motion to be filed past the deadline.

CRITICAL

Applies to

Conservatorship petition

A petition for medical-treatment authority must be supported by a Judicial Council declaration (form GC-335) furnishing § 813 evidence, signed by a medical practitioner or licensed psychologist, and filed with the Court before the hearing.

A petition seeking authorization to give informed consent for medical treatment of a conservatee must be supported by an appropriate declaration on the Judicial Council form as described below, furnishing evidence required by Probate Code § 813, stating that there is no form of medical treatment for which the conservatee has the capacity to give consent and the reasons therefore and signed by a medical practitioner or licensed psychologist, which must be filed with the Court prior to the hearing.

CRITICAL

Applies to

Judicial custody conference statement

Each party must serve and file a Judicial Custody Conference Statement at least 10 calendar days before the scheduled JCC.

Each party must serve and file a Judicial Custody Conference Statement at least 10 calendar days before the scheduled JCC. (See attached form FM-1016.)

CRITICAL

Applies to

Petition for letters

A new petition for letters must be filed before letters are issued whenever there is a vacancy or no letters have been granted.

Where the will has been admitted to probate and either there is a vacancy in the office of the personal representative or no letters testamentary have been granted, a new petition for letters testamentary or for letters of administration with will annexed, whichever is applicable, must be filed prior to the issuance of letters.

CRITICAL

Applies to

Accounting

All accountings must use Judicial Council Form GC-400 (SUM)/GC-408(SUM) for the Summary of Account.

All accountings must use Judicial Council Form GC-400 (SUM)/GC-408(SUM) for the Summary of Account.

CRITICAL

Applies to

Referral for investigators report

Proposed conservator must complete and sign PB-4002 under penalty of perjury, submit at filing, include a color photograph, and the form is confidential.

A local form entitled "Referral for Investigator's Report-Conservatorship" (attached form PB-4002) must be completed and signed under penalty of perjury by the proposed conservator and submitted at the time the petition is filed. This form shall be confidential. The proposed conservator shall submit with the referral a color photograph of the proposed conservatee.

CRITICAL

Applies to

Petition to redesignate

If a hearing is requested on a petition to redesignate, the appropriate box must be checked on the form.

If the attorney or self-represented person does, however, request a hearing, or requests a hearing only if the Petition is opposed, the appropriate box must be checked on Attachment CR-6086 or Attachment CR-6087.

CRITICAL

Applies to

Request for order

Requests for temporary orders without notice must include a sworn statement of good cause not to give notice, on Attachment FM-1013 or sworn 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.

CRITICAL

Applies to

Petition

A 'Referral for Court Investigator - Conservatorship' form (PB-4002) must be submitted with the notice of hearing and original petition when filing a substituted judgment petition.

At the time of filing of a petition for substituted judgment, "Referral for Court Investigator - Conservatorship" (attached form PB-4002) must be submitted with the notice of hearing and the original petition for review by the Court Investigator.

CRITICAL

Applies to

Petition for letters

Petitions for letters must specifically name all known heirs and all living beneficiaries (whether vested or contingent) entitled to share in the estate.

In a petition for letters testamentary, letters of administration, letters of administration with will annexed, or letters of special administration, all heirs under Probate Code Sections 6402 and 6402.5 known to the petitioner, and all beneficiaries living at the time of the decedent's death, whether vested or contingent, who at the time of the decedent's death might be entitled to share in the distribution of the estate, whether it consists of separate or community property, must be specifically named.

CRITICAL

Applies to

Declaration for juvenile court records

Staff/party/counsel/investigator must fill out and present a Declaration (JV-2002 or JV-2002a) and a copy will be filed.

The staff, party, counsel, or investigator must fill out and present a Declaration regarding the request for records. (Local Form JV-2002 or JV-2002a.) A copy of Local Form JV-2002 or JV-2002a will be filed in the Court file.

CRITICAL

Applies to

Petition for writ of mandate

Must include

caption

Petitions for writ of mandate qualifying as priority election matters must include specific caption language, citation to authority, and the statutory deadline.

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

Petition to compromise minors claim

For personal injury claims, the petition must attach a current medical report (within 4 weeks) with diagnosis and prognosis unless waived; 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.

CRITICAL

Applies to

Petition for probate

A typewritten copy of any handwritten will portion must accompany the petition.

If the will or any part thereof is handwritten, a typewritten copy of the handwritten portion must also accompany the petition.

CRITICAL

Applies to

Conservatorship prerequisites

Before letters are issued, conservators (except corporate/institutional) must obtain the handbook and view the film, with proof required.

Before letters of conservatorship are issued, all conservators (except corporate or institutional conservators) must obtain a copy of the handbook for Conservators published by the Judicial Council of California and view a film on the duties and responsibilities of a conservator. Proper proof of download or purchase of the handbook and viewing of the film will be required.

CRITICAL

Applies to

Accounting

Guardians and conservators presenting simplified accounts must use the GC-405 Judicial Council forms.

Guardians and conservators presenting simplified accounts must use the Judicial Council forms designated as GC-405.

CRITICAL

Applies to

Ex parte application

Must include

proposed order

The petition and proposed order must be presented to the Probate Examiner's office with a declaration (PB-4075) regarding notice or why notice was not given.

The petition and a proposed order must be presented to the Probate Examiner’s office with a declaration (attached form PB‐4075) regarding notice or why notice has not been given.

CRITICAL

Applies to

Accounting

A 'Referral for Court Investigator - Conservatorship' form (PB-4002) must be submitted with the notice of hearing and proposed trust when filing the trustee's accounting.

At the time of filing of the trustee's accounting, a "Referral for Court Investigator - Conservatorship" form (attached form PB-4002) must be submitted with the notice of hearing and the proposed trust for review by the Court Investigator.

CRITICAL

Applies to

Proposed order

In probate cases, proposed orders must be lodged electronically as PDFs attached to Form EFS-020, with an editable word-processing version sent by email to the Court.

Subject to any applicable exemptions, proposed orders submitted with moving papers before a hearing on a regularly-noticed motion or orders after hearing shall be lodged with the court electronically in PDF format attached to Judicial Council Form EFS- 020. At the same time as the EFS-020 and the PDF proposed order are lodged with the court electronically, a version of the proposed order in an fully editable word processing format (preferably in MS Word format, and not PDF or PDF converted to a word format) shall be submitted to the Court by electronic mail using an address identified on the Court’s

CRITICAL

Applies to

Declaration for juvenile court records

Sixth District Appellate Program must file Local Form JV-2002 or JV-2002a in the court file.

The Declaration for Juvenile Court Records (Juvenile Justice) (Local Form JV-2002) or Declaration for Juvenile Court Records (Dependency) (Local Form JV-2002a) must be filed in the Court file.

CRITICAL

Applies to

Accounting referral

When filing an accounting, a Referral For Court Investigator form (PB-4002) must be submitted with the notice of hearing and original accounting.

At the time of filing of the conservator's accounting, a "Referral For Court Investigator" form (attached form 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 confirmation

The petitioner must file a copy of the contract of sale at the time of filing the petition for confirmation.

At the time of filing the petition for confirmation, the petitioner must file a copy of the contract of sale.

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 scheduled PMH.

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)

CRITICAL

Applies to

Request for exemption

Must include

proposed order

Attorneys seeking an exemption from mandatory e-filing must file a Request for Exemption (EFS-007) with a Proposed Order (EFS-008) with the Clerk and serve all parties.

An attorney requesting to be excused from mandatory electronic filing and service must file with the Clerk of the Court and serve on all parties a Request for Exemption from Mandatory Electronic Filing and Service [Judicial Council Form EFS-007] with a Proposed Order [Judicial Council Form EFS-008].

CRITICAL

Applies to

Brief

Wende briefs in misdemeanor appeals must be labeled 'Filed Under People v. Wende' on the cover and include a declaration of counsel regarding advising the client of no arguable issues and the right to 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

Dvro modification

DVRO modifications must use forms DV-110 or DV-130 and be filed under both family and juvenile case numbers.

Any modifications to a DVRO must be made on a Temporary Restraining Order form (Judicial Council Form DV-110) or Restraining Order After Hearing form (Judicial Council Form DV-130) and filed both under the Family Court case number and the Juvenile Court case number.

CRITICAL

A memorandum of points and authorities must contain a statement of facts, statement of law, discussion of evidence, arguments, and authorities, and must cite transcript page numbers when relying on a transcript.

A memorandum of points and authorities must contain a concise statement of facts, a concise statement of the law, a discussion of the evidence and arguments relied upon, and a discussion of the statutes, cases, and other authorities cited in support of the position advanced. When a party intends to rely on a transcript, the page number of the transcript must be cited.

CRITICAL

Applies to

Ex parte petition

The petition, a proposed order (attached to Judicial Council Form EFS-020, if submitted by electronic filing), and supporting documents should be submitted with form PB-4078 or PB-4080, as specified in sections 1 and 2 above.

The petition, a proposed order (attached to Judicial Council Form EFS-020, if submitted by electronic filing), and supporting documents should be submitted with form PB-4078 or PB-4080, as specified in sections 1 and 2 above.

CRITICAL

Applies to

Request for calendar setting

A party who wishes to add a case to a calendar must file a Request for Calendar Setting (form CR-6008) signed by the judicial officer presiding over that calendar, or in their absence another judicial officer, with the Clerk’s Office at least 48 hours before the requested court date.

A party who wishes to add a case to a calendar must file a Request for Calendar Setting (form CR-6008) signed by the judicial officer presiding over that calendar, or in their absence another judicial officer, with the Clerk’s Office at least 48 hours before the requested court date.

CRITICAL

Applies to

Notice of death

Conservator must file a notice of death with a photocopy of the death certificate.

the conservator must file a notice of death of conservatee with a photocopy of the conservatee's death certificate attached.

CRITICAL

Applies to

Proposed order

Proposed orders must be lodged electronically as PDFs attached to Form EFS-020, with an editable word-processing version submitted by email to the Court.

Subject to any applicable exemptions, proposed orders submitted with moving papers before a hearing on a regularly-noticed motion or orders after hearing shall be lodged with the court electronically in PDF format attached to Judicial Council Form EFS-020. At the same time as the EFS-020 and the PDF proposed order are lodged with the court electronically, a version of the proposed order in an fully

CRITICAL

Applies to

Ex parte petition

Must include

proposed order

Ex parte submissions must include a proposed order and a declaration of notice or a request to waive notice.

The petition, a proposed order, and any supporting documents must be submitted along with a declaration stating when and to whom notice was given; or if there is a request to waive notice, why notice should not be given.

CRITICAL

Applies to

Order

Orders permitting contact between a restrained person and children must include specific language about the transfer of the children per Family Code Section 3100.

Any order of the Family, Juvenile, or Probate Court that permits contact between a defendant/restrained person subject to either CLETS Civil Restraining Orders or Criminal Protective Orders and his or her children, must contain specific language setting forth the time, day, place, and manner of the transfer of the children, including the safe exchange of the children, in accordance with Family Code Section 3100.

CRITICAL

Applies to

Petition for case files

Must include

proposed order

When submitting a W&I Code § 827 Petition, the District Attorney must include additional language, beyond the Proposed Order, restricting dissemination of the released documents.

i. When submitting a Petition under W & I Code Section 827, the District Attorney must, in addition to the Proposed Order After Judicial Review (Judicial Council Form JV-574), include the following language: “The release of the attached documents pursuant to Welfare and Institutions Code section 827 is subject to the conditions set forth below. Welfare and Institutions Code section 827, subdivision (a)(4), provides in part that: “A juvenile case file, any portion thereof, and information relating to the content of the juvenile case file, may not be disseminated by the receiving agencies to any persons or agencies, other than those persons or agencies authorized to receive documents pursuant to this section. Further, a juvenile case file, any portion thereof, and information relating to the content of the juvenile case file, may not be made as an attachment to any other documents without the prior approval of the presiding judge of the juvenile court.” While this provision prohibiting dissemination speaks only of dissemination by receiving agencies, it has been held to prohibit the dissemination of juvenile court records by individuals as well as agencies. The released documents are to be used only in the above captioned Santa Clara County Superior Court Case. Experts are permitted to use the documents for purposes of the pending proceeding, but shall return them to counsel in a timely manner. The District Attorney is also authorized to give to defense counsel properly redacted copies of any portions of these documents that are exculpatory in nature and as required by the Brady Rule or as required to be discovered

CRITICAL

Applies to

Mutual restraining order

Mutual restraining orders must be on two separate sets of CLETS forms.

If the Court issues mutual restraining orders after a hearing, such orders must be stated on two separate sets of CLETS forms or other Judicial Council approved forms, one for each party.

CRITICAL

Applies to

Declaration

A declaration showing proof of establishment of guardianship in the new jurisdiction must be filed if the ward is not returned to California.

If a ward is not returned to California, a declaration must be filed showing proof of the establishment of the guardianship (or its equivalent) in the new jurisdiction.

CRITICAL

Applies to

Status or case resolution conference questionnaire

Parties requesting a trial or long cause hearing must file and serve a Status or Case Resolution Conference Questionnaire (Form FM-1010) at least 10 calendar days before any Status Conference or CRC; the questionnaire is optional otherwise; if filed, two copies must be brought to the conference.

CASE RESOLUTION CONFERENCE QUESTIONNAIRE If a 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 no trial or long cause hearing has been requested, the Questionnaire (Local Form FM-1010) is optional. If a Questionnaire is filed by a party, that party must bring two (2) copies of his or her Questionnaire to

CRITICAL

Applies to

Petition for withdrawal of funds

A petition for withdrawal of funds must contain the Local Probate Rule 12J allegations when the minor has a living parent or other support source.

However, where the minor has a living parent or the minor receives or is entitled to support from another source, the petition must contain the allegations referred to in Local Probate Rule 12J above.

CRITICAL

Applies to

Settlement statement

Counsel must submit a written statement of their settlement position to the Settlement Judge and serve it on all parties (without filing) at least five calendar days before the settlement session.

Counsel must submit to the Settlement Judge and serve on all parties, but not file, a written statements of their position regarding settlement no later than five calendar days before the settlement session.

CRITICAL

Applies to

Order appointing conservator

Order Appointing Probate Conservator form requires leaving paragraphs 8 and 22 blank and inserting Court Investigations Unit information in paragraph 11.

On the Judicial Council form entitled "Order Appointing Probate Conservator," paragraphs 8 and 22 concerning ability to vote should be left blank. The Court will make its own determination at the hearing based upon the Court Investigator's report. Paragraphs 10 and 21 concerning fees refer only to Court-appointed counsel for the conservatee. These paragraphs do not apply to the attorney for the conservator. In all cases, the following information should be inserted at paragraph 11: Court Investigations Unit, 191 North First Street, San Jose, California 95113, telephone (408) 882-2761.

CRITICAL

Applies to

Motion to quash traverse

Motions to quash or traverse a search warrant must include and attach a copy of the search warrant affidavit.

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.

CRITICAL

Applies to

Ex parte application

All ex parte and emergency applications must be submitted on Form FL-300; they are decided on the papers with no hearings scheduled to argue them.

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

Property bond affidavit

Any person pledging real property as security for a property bond must complete Attachment CR-6014.

Any person(s) pledging real property as security for a property bond shall complete Attachment CR-6014 (Affidavit/Undertaking for Justification of Bail and Acknowledgement).

CRITICAL

Applies to

Motion to reinstate

Motions to reinstate a complaint require the prosecuting attorney to 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.