Santa Clara Superior Court Document Filing Requirements

CRITICAL

Applies to

Duties of conservator

All proposed conservators must file the Duties of Conservator form before Letters are issued.

all proposed conservators must file with the Court, before Letters of Conservatorship are issued, the Judicial Council form entitled "Duties of Conservator." The form may be signed and submitted prior to the date set for hearing. It is not necessary for proposed conservators to check boxes on page 4 of the form relating to acquisition of the handbook.

CRITICAL

Applies to

Ex parte application

Requests for orders shortening time must be filed as ex parte applications on Form FL-300 with a declaration of good cause and will only be granted upon a showing of 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.

CRITICAL

Applies to

Declaration for juvenile court records

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 Rule, the Court's Declaration for Juvenile Court Records (Juvenile Justice) (Local Form JV-2002 ) must be submitted and filed, and must be dated and contain the name and state bar number of the attorney filing the request. No further dissemination of these Juvenile Court records may be made by any such attorney without further express permission from

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 Rule, the Court's Declaration for Juvenile Court Records (Juvenile Justice) (Local Form JV-2002 ) must be submitted and filed, and must be dated and ===== PAGE 66 ===== 56 Santa Clara County Court Rules contain the name and state bar number of the attorney filing the request. No further dissemination of these Juvenile Court records may be made by any such attorney without further express permission from

CRITICAL

Applies to

Stipulation

Stipulations must be signed by both parties and by any attorney of record if a party is represented.

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

CRITICAL

Applies to

Petition for probate

The original will or codicil must be lodged with the court before or at the time the petition for probate is filed.

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.

CRITICAL

Applies to

Account

Accounts with separate principal and income beneficiaries must allocate receipts and disbursements between them.

All accounts for entities that have separate principal and income beneficiaries must allocate receipts and disbursements between principal and income.

CRITICAL

Applies to

Request for appointment of official reporter pro tempore

Every reporter must complete and sign sections 1, 2, and 3 of the Request for Appointment of Official Reporter Pro Tempore.

Every reporter must complete and sign sections 1, 2, and 3 of the Request for Appointment of Official Reporter Pro Tempore (CV-5100).

CRITICAL

Civil harassment, elder abuse, and related restraining order applications must include Declaration form CV-5014.

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.

CRITICAL

Applies to

Settlement conference statement

The Settlement Conference Statement must contain detailed positions on each issue, describe any previously resolved issues, and refer to supporting documents.

The Settlement Conference Statement must contain detailed statements of the party’s position on each issue to be decided at the long cause hearing or trial. If some issues were previously resolved, the Settlement Conference Statement must describe that resolution and refer to any filed supporting documents.

CRITICAL

Applies to

Complaint

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

Proposed order

In civil cases, proposed orders must not be submitted before a hearing on a regularly-noticed motion unless ordered or required by law; after-hearing orders are lodged via EFS-020 PDF, with no attachments, an editable word version by email, and meet-and-confer descriptions in a separate declaration.

Unless ordered by the Court or otherwise 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.), proposed orders must not be submitted before a hearing on a regularly- noticed motion. If instructed to prepare an order after a hearing, proposed orders after hearing must be lodged with the court electronically in PDF format attached to Judicial Council Form EFS-020. The proposed order must not include attachments. Any description of the meet and confer process required by Rules of Court, Rule 3.1312 must be submitted by way of separate declaration. 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) must be submitted to the Court by electronic mail using an address identified on the Court’s website. (See Civil Local Rule 16.B.)

CRITICAL

Applies to

Accounting

All accountings must provide all information required by Probate Code §§ 1060-1064.

All accountings must provide all information required in Probate Code §§ 1060 – 1064.

CRITICAL

Applies to

Petition for distribution

Petitions for distribution must include all information required by CRC Rule 7.403, including allegations about disposition of all claims.

It is not sufficient in any petition for distribution to allege merely that all claims have been paid. Petitioners must provide all information required under CRC Rule 7.403. The allegations regarding disposition of all claims must appear in the petition for final distribution even though they may have appeared in whole or in part in prior petitions.

CRITICAL

Applies to

Pleadings

Computer support printout must be attached to pleadings or submitted at hearing when child support or temporary spousal support is at issue.

A computer support printout shall be attached to the pleadings or submitted to the Court at the hearing by both moving and responding parties when child support or temporary spousal or partner support is at issue (but not permanent spousal or partner support).

CRITICAL

Applies to

Capacity declaration

The capacity declaration must be filed separately and must not be attached to the petition for appointment of conservator.

This form must not be attached to the Petition for Appointment of Conservator but must be filed separately and served by mail or personally, at the option of petitioner, upon the proposed conservatee.

CRITICAL

Applies to

Account

When an accounting period exceeds one year or a source/payee has more than twelve entries, receipt and disbursement schedules must include subschedules.

Whenever an accounting period exceeds one year, or whenever income is received from any particular source more than twelve times in an accounting period, or whenever payments are disbursed to a particular payee more than twelve times in an accounting period, it is required that the schedules for receipts and for disbursements be categorized into subschedules reflecting the particular income sources or payees for whom there are more than twelve entries per accounting period.

CRITICAL

Applies to

Emancipation petition

If a minor is unrepresented, the petition must be reviewed by an attorney and written verification of that meeting must be filed with the petition.

Where the minor is unrepresented, he/she must have the petition and accompanying documents reviewed by an attorney. Written verification that the minor has met with an attorney must be submitted to the Court when the petition is filed.

CRITICAL

Applies to

Report

Fiduciaries must include in reports accompanying accountings an allegation of bond sufficiency and steps to comply 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.

CRITICAL

Applies to

Petition

A proposed guardian must complete and sign under penalty of perjury a 'Referral for Court Investigator & Questionnaire - Guardianship' form (PB-4005) and a signed Authorization for Release of Information form (PB-4014) at filing of the guardianship petition; the referral form is confidential.

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.

CRITICAL

Applies to

Ex parte material

Must include

ai disclosure

Ex parte filings containing AI-generated content must disclose that fact in the filing or submission.

Any person who files, submits, or lodges ex parte material with the court that includes text, recordings, or images produced via Machine Learning or Artificial Intelligence tools, must disclose this fact in the filing or submission.

CRITICAL

Applies to

Restraining order

DVPA and Family Law Act restraining orders must be submitted on CLETS or Judicial Council approved forms.

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.

CRITICAL

Applies to

Restraining order

Personal conduct and stay-away orders must be on a separate CLETS form with 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.

CRITICAL

Applies to

Capacity declaration

Petitioner not using a medical/psychological professional must use a lay declarant to complete PB-4016.

If the petitioner who is not relying upon a medical or psychological professional to complete the Capacity Declaration wishes to seek appointment of a conservator of the estate, the petitioner must have a lay declarant complete the "Layperson's Declaration re Legal Capacity" shown as attached form PB-4016 to these Local Rules.

CRITICAL

Applies to

Ex parte application

The moving party must submit a Declaration in Support of Ex Parte Application (Form FM-1013) and give notice before submitting the request, except in documented circumstances.

The moving attorney or self-represented party must submit a Declaration in Support of Ex Parte Application For Orders (attached form FM-1013) and must give notice of all ex parte applications to the opposing attorney or self-represented party before submitting the request, except under the following circumstances, which must be documented in detail in the application:

CRITICAL

Applies to

Exhibits

The moving party must lodge all exhibits relevant to any claim.

The moving party must lodge all exhibits relevant to any claim.

CRITICAL

Applies to

Petition to compromise minors claim

Where the minor's settlement is part of a larger settlement, the petition must detail the factual basis for the proposed allocation.

Where the minor's settlement is part of a larger settlement, the petition must state in detail the factual basis for the proposed allocation to the minor or the person with a disability.

CRITICAL

Applies to

Ex parte application

Ex parte CLETS restraining order requests must include the FM-1013 declaration.

All ex parte requests for CLETS restraining orders must include a completed Declaration in Support of Ex Parte Application for Orders (form FM-1013).

CRITICAL

Applies to

Document requiring signature

When e-filing an affidavit, declaration, or any document requiring a signature, filers must comply with CRC 2.257.

When electronically filing an affidavit, declaration, or any document requiring a signature, filers must comply with CRC 2.257.

CRITICAL

Applies to

Accounting

Guardianship and conservatorship accountings must follow CRC 7.575 content and format.

All accountings in guardianships and conservatorships filed on or after January 1, 2008, must follow the content and format required in CRC 7.575.

CRITICAL

Applies to

Account

If a financial institution only provides online statements, the fiduciary may submit printed copies together with a declaration under penalty of perjury that they are exact replicas.

If a financial institution makes only online statements available to the fiduciary, the fiduciary may submit exact printed copies of the online statements in place of the original statements required by Probate Code § 2620 (c) and shall attach to the printed copies of the statements submitted for each account a declaration under penalty of perjury that the printed copies are exact replicas of the online statements provided by the financial institution.

CRITICAL

Applies to

Declaration of conservatorship establishment

If the conservatee is not returned to California, the conservator must file a declaration showing establishment of conservatorship in the new jurisdiction.

If a conservatee is not returned to California, the conservator must file a declaration showing proof of the establishment of the conservatorship (or its equivalent) in the new jurisdiction.

CRITICAL

Applies to

Petition to redesignate

Must include

certificate of service

Attorney must file the Petition to Redesignate on Attachment CR-6086 with proof of service.

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

CRITICAL

Applies to

Fee declaration

Fee and cost requests over $1,000 must include a separate written fee declaration signed by the attorney covering specified facts.

Any fee and cost request over $1,000 shall include a separate written fee declaration signed by the attorney and addressing the following facts:

CRITICAL

Applies to

Declaration of filing juvenile 827 petition

Parties seeking juvenile records in a criminal case must concurrently file a Declaration of Filing of Juvenile Court 827 Petition (Attachment CR-6082) along with the W&I Code section 827 Petition.

Attorneys or defendants who are involved in a criminal proceeding in the Superior Court of California, County of Santa Clara, and who seek juvenile records for use in the pending criminal action shall, in addition to filing a W&I Code § 827 Petition in the Juvenile Court, concurrently file a Declaration of Filing of Juvenile Court 827 Petition in the criminal case (Attachment CR-6082).

CRITICAL

Applies to

Confidential supplemental information

Confidential supplemental information must be filed on form GC-312 separately, with a cover sheet, and verified.

The supplemental information required of conservators by Probate Code §1821(a) at appointment must be filed on Judicial Council form GC-312 (“Confidential Supplemental Information”) separately from the petition and must have one completed Confidential Document Cover Sheets (see attached form PB-4003) attached. This Confidential Supplemental Information form must be verified (Probate Code § 1021).

CRITICAL

Applies to

Petition for temporary conservatorship

The temporary conservatorship petition must state facts establishing urgency.

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

CRITICAL

Applies to

Gun violence restraining order

Must file FM-1199 and submit redacted and unredacted versions of the GV-100 or EPO-002 and any attachments.

The person or entity submitting the request must complete and file confidential form Request to Keep Minor’s Information Confidential – GVRO (attached form FM-1199) and must submit redacted and unredacted versions of the Petition for Gun Violence Restraining Order (form GV-100) or Gun Violence Emergency Protective Order (EPO-002) and any attachments.

CRITICAL

Applies to

Motion to augment record

A motion to augment the record must include a copy of the matters sought, and if oral proceedings lack a transcript, must include hearing date, time, location, and court reporter contact information.

A motion to augment the record must include a copy of the matters sought to be included in the record, if available. If those matters include oral proceedings as to which no transcript has yet been prepared, the motion must include information as to the date, time, and location of the hearing, and, if applicable, the name and contact information of the court reporter.

CRITICAL

Must include

proposed order

All ex parte applications must include notice details, opposition status, hearing request, email addresses of counsel, and a separate form of order attached to EFS-020.

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

Adr stipulation order

All parties must complete and file the Probate ADR Stipulation and Order form (PB-4063) with the Clerk’s Office.

All parties must complete and file the Probate ADR Stipulation and Order form (attached form PB-4063) and must file the form in the Clerk’s Office.

CRITICAL

Applies to

Petition for change of residence

A Referral for Court Investigator form must be submitted with the notice and petition for review.

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.

CRITICAL

Applies to

Petition to release funds

When no court record of a minor's date of birth exists, a petition to release blocked funds must include a copy of the minor's birth certificate.

Where there is no prior Court record of the minor's date of birth, a petition to release funds from the blocked account upon the minor's majority must be accompanied with a copy of the minor’s birth certificate.

CRITICAL

Applies to

Motion

Except as authorized by statute or rule, any application for relief or opposition must be supported by a memorandum of points and authorities.

Except as otherwise authorized by statute or Rule of Court, application for any relief, or any opposition to relief sought, must be supported by a memorandum of points and authorities.

CRITICAL

Applies to

Proposed trust

The proposed trust must comply with CRC 7.903, including bond and periodic accountings.

the proposed trust must comply with all provisions required in CRC 7.903, including but not limited to requiring a bond for the trustee and periodic accountings to the Court.

CRITICAL

Applies to

Account

Accounts must contain a summary of account in a specified format.

Accounts must contain a summary or recapitulation in substantially the following format:

CRITICAL

Applies to

Petition for case files

Must include

proposed order

The Petition must include a Proposed Order After Judicial Review (Form JV-574) containing specified language restricting use, dissemination, and copying of released 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

Report and form

Supervisors must lodge written reports with the Clerk and file updated FL-324(P) simultaneously.

Professional visitation and professional exchange supervisors must lodge with the Clerk of Court any written report generated pursuant to Section (j)(3) of the California Standards of Judicial Administration, and must file an updated Judicial Council Form FL-324(P), Declaration of Supervised Visitation Provider (Professional), at the same time the report is lodged.

CRITICAL

Applies to

Petition to terminate guardianship

A Referral for Court Investigator form must accompany a petition to terminate a guardianship.

At the time of filing of a petition to terminate a guardianship a “Referral for Court Investigator & Questionnaire – Guardianship” form (Attachment PB-4005) must be submitted with the notice of hearing and the original petition for review by the Court Investigator.

CRITICAL

Applies to

Ex parte application

Ex parte applications must disclose whether the order changes the status quo, existing orders on the issue, and all previous applications on the same issue.

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

Accounting report

Fiduciaries must allege in every report accompanying an accounting whether the bond is sufficient and, if not, what steps are being taken.

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 those requirements.