Santa Clara Superior Court Document Filing Requirements

CRITICAL

Applies to

Petition to terminate conservatorship

Petitioner must submit the referral form, notice of hearing, and original petition to terminate a conservatorship for review.

Petitioner must submit with the local form entitled “Referral for Court Investigator-Conservatorship” (attached form PB-4002) the notice of hearing and the original petition to terminate a conservatorship, for review by the Court Investigator.

CRITICAL

Applies to

Writ petition

A request for a stay in a writ petition must appear prominently on the cover and identify the date of any impending action and the trial judge.

Any request for a stay must appear prominently on the cover of the writ petition and must identify the date of any impending action or proceeding that will occur absent a stay and the trial judge before whom the case is pending.

CRITICAL

Applies to

Capacity declaration

Capacity Declaration must be filed separately, not attached to the petition.

The Capacity Declaration must not be attached to the Petition for Appointment of Conservator but must be filed separately

CRITICAL

Applies to

Petition for appointment of conservator

Petitioner must attach the private professional's fee schedule to the petition for appointment.

At the time a private professional conservator is nominated to serve as conservator, the petitioner must attach the private professional’s fee schedule to the petition for appointment of conservator

CRITICAL

Applies to

Fee schedule

The fee schedule must not contain certain types of charges, such as additional compensation for overhead, billing explanation charges, increased litigation support rates, or percentage of real property sale price.

fee schedule shall not contain: (a) Additional compensation, either in terms of a percentage or a standard monthly charge, for undesignated miscellaneous overhead or administrative expenses, or “start-up fees;” (Effective 1/1/2014) (b) Charges made to the conservatee’s estate for time spent in clarifying or explaining billing entries to the Court, for which minimal or incomplete information, in the judgment of the Court, was initially provided; or, (c) Increased hourly rates for conservatorship-related “litigation support.” (Effective 1/1/2013) (d) Compensation in the form of a percentage of the sale price of a conservatee’s real property, either in lieu of, or in addition to, hourly charges for services performed in connection with

CRITICAL

Applies to

Account

All accounts in decedents' estates and trusts must follow the format described in Probate Code § 1061.

All accounts filed in decedents' estates and in trusts, must follow the format described in Probate Code § 1061

CRITICAL

Applies to

Petition for probate

A foreign-language will requires an expert translation and an affidavit/declaration of the translator's expertise at filing.

If the will is in a foreign language, a translation by an expert must be submitted at the time of filing the petition for probate. An affidavit or declaration as to the expertise of the translator must accompany the translation.

CRITICAL

Applies to

Temporary guardianship petition

All temporary guardianship petitions must be reviewed by the Probate Examiner before presentation to the Court.

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

CRITICAL

Applies to

Request for independent powers

Requests for independent guardianship powers must specify each power requested and the specific reason for the need for each power.

A request for independent powers under Probate Code §§ 2590 and 2591 will not be granted without specifying each power requested and the specific reason for the need for each power requested.

CRITICAL

Applies to

Declaration

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.

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.

CRITICAL

Applies to

Petition to redesignate

Self-represented person must file the Petition to Redesignate on Attachment CR-6087.

A self-represented person shall file the Petition to Redesignate Felony Conviction as Misdemeanor on Attachment CR-6087.

CRITICAL

Applies to

Petition for resentencing

Must include

certificate of service

Attorney must file the Petition for Resentencing on Attachment CR-6086 with proof of service.

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

CRITICAL

Applies to

Change of address notices

Change of conservatee's address requires filing GC-079 and GC-080; change of conservator's address requires filing PB-4047.

When the address of the conservatee will be changed, the Pre-move Notice of Proposed Change of Personal Residence of Conservatee or Ward (Judicial Council form GC-079), and also the Post-Move Notice of Change of Residence of Conservatee or Ward (Judicial Council form GC-080) must be filed with the Court. This is in addition to the Notice requirements of Probate Code § 2352 and CRC 7.1063. When the address of the conservator will be changed, the Notification of Change of Address of Conservator/Guardian (attached form PB-4047) must be filed with the Court

CRITICAL

Applies to

Account

Accounts must specify the period they cover.

All accounts must set forth specifically the period covered by the account.

CRITICAL

Applies to

Pleading

Professional fiduciary pleadings must include the fiduciary's license number.

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

CRITICAL

Applies to

Jssc application

Must include

proposed order

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

Application 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.

CRITICAL

Applies to

Exhibits

Voice recordings submitted to the court must include the transcript required by CRC rule 2.1040 unless the magistrate waived it under CRC rule 2.1010(b)(3).

If voice recordings are submitted for review by the court, the transcript required by California Rules of Court, rule 2.1040 must be included unless the magistrate waived the requirement under California Rules of Court, rule 2.1010(b)(3).

CRITICAL

Applies to

Civil lawsuit notice

The filing party must submit a blank Civil Lawsuit Notice (CV-5012) with the complaint or other initial pleading so the clerk can issue the judicial assignment and initial hearing details.

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.

CRITICAL

Applies to

Admission waiver form

Youth and their attorney must use and present Waiver Form (Local Form JV-2032) to the Court whenever entering an admission or no contest plea in Juvenile Justice Court.

At every hearing in Juvenile Justice Court when the youth wishes to enter an admission or no contest plea to one (1) or more counts in a Petition, the youth and youth's attorney must use and present to the Court a Waiver Form (Local Form JV-2032) at the time of entering the admission.

WARNINGCivil cases

The Court will not approve the Settlement Administrator's costs award until the final approval hearing, when admissible evidence supporting the request must be provided.

The Court will not approve the amount of the costs award to the Settlement Administrator until the final approval hearing, at which time admissible evidence to support the request must be provided.

WARNING

Applies to

Motion

A person seeking de facto parent status must file a noticed motion setting out the reasons in support, unless the Court permits an oral motion for good cause.

The person seeking de facto parent status must file a noticed motion before the Court setting out the reasons in support of the motion, unless the Court, for good cause, permits an oral motion to be made.

WARNINGCriminal cases

Case citations must include the official report volume, page number, and year; unpublished California Court of Appeal decisions may not be cited except as provided in CRC rule 8.1115.

All case citations must include the official report volume, page number, and year of decision. Parties must not cite to unpublished decisions of the California Court of Appeal except as provided in California Rules of Court, rule 8.1115.

WARNINGCivil cases

Applies to

Ex parte petition

Ex parte petitions must contain sufficient facts to justify the requested orders.

An ex parte petition or application must contain sufficient facts to justify the orders requested.

WARNINGCivil cases

Applies to

Account

All accounts must specifically state the period covered by the account.

All accounts must set forth specifically the period covered by the account.

WARNINGCivil cases

Applies to

Petition

The petitioner must submit the Referral for Court Investigator form with the notice of hearing and original petition to move a conservatee from California.

Petitioner must submit with the local form entitled "Referral for Court Investigator" (attached PB-4002), the notice of hearing and the original petition to move a Conservatee from California, for review by the Court Investigator.

WARNING

Applies to

Declaration

Sixth District Appellate Program attorneys and legal assistants must identify themselves to the Clerk's office and present a Declaration using Local Form JV-2002 or JV-2002a.

The attorneys and legal assistants must identify themselves to the staff in the Court Clerk's office, and must present a Declaration regarding their request using Local Form JV-2002 or JV-2002a.

WARNINGCivil cases

Applies to

Objections

Written objections must identify the specific paragraphs and language objected to, state the reasons, and provide proposed modified language.

(2) Objections shall be in writing and shall include the following: (a). the specific paragraphs and language to which the party objects; (b). the reasons for the objections; and (c). the proposed modified language.

WARNINGCivil cases

Applies to

Account

Receipt and disbursement schedules must be categorized into subschedules when the accounting period exceeds one year or when a source or payee has more than twelve entries per period.

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.

WARNINGCivil cases

Applies to

Will or codicil

Wills and codicils must be filed with the PB-4079 Will Coversheet.

Any will or codicil submitted for filing must be submitted with PB-4079, “Will Coversheet,” to preserve the originality of the document.

WARNINGCriminal cases

Applies to

Motion

In a motion under Penal Code section 1538.5(i) where additional live testimony is anticipated, notice of that fact must appear on the first page of the moving or responding papers.

In any motion brought under Penal Code section 1538.5, subdivision (i) where additional live testimony is anticipated, notice of this fact must be set out on the first page of the moving or responding papers.

WARNINGCivil cases

Applies to

Petition

A petition seeking appointment of a successor trustee or cotrustee should include a description of the procedure required by the trust instrument for such appointment, detailed information demonstrating that the proposed trustee is qualified to be appointed as a trustee of the trust, whether some or all of the beneficiaries of the trust have been consulted about the appointment of the proposed trustee, and a recommendation for the amount of the bond of the proposed trustee or a showing of good cause why a bond should not be required.

A petition seeking appointment of a successor trustee or cotrustee should include a description of the procedure required by the trust instrument for such appointment, detailed information demonstrating that the proposed trustee is qualified to be appointed as a trustee of the trust, whether some or all of the beneficiaries of the trust have been consulted about the appointment of the proposed trustee, and a recommendation for the amount of the bond of the proposed trustee or a showing of good cause why a bond should not be required.

WARNINGCivil cases

Applies to

Order

If a matter is taken off calendar, any submitted order is returned and a new order must be submitted for the re-noticed hearing date.

If a matter is taken off calendar, any order submitted will be returned to the party and a new order must be submitted for the re-noticed hearing date.

WARNINGCivil cases

Applies to

Petition for compensation

Compensation petitions may not include charges for time spent clarifying billing entries or correcting procedurally deficient papers.

The petition shall not include charges made for time spent in clarifying or explaining billing entries to the Court for which minimal or incomplete information, in the judgment of the Court, was initially provided, or for correcting or supplementing pleadings or other papers which, in the judgment of the Court, were procedurally deficient when initially submitted.

WARNING

Applies to

Declaration

The Declaration for Juvenile Court Records (Local Form JV-2002 or JV-2002a) must be filed 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.

WARNING

Applies to

Objection

Objections to out-of-county placement must be filed on Judicial Council Form JV-556.

Those objecting to the out-of-county placement must file an Objection to Out-of-County Placement and Notice of Hearing (Judicial Council Form JV-556).

WARNINGCivil cases

Applies to

Level of care evaluation

The level of care evaluation must be filed on the 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)."

WARNINGCivil cases

Applies to

Petition

Petitioners must use the local form PB-4052 for the petition.

Whenever a Petition for Ex Parte Writ of Habeas Corpus Re: Quarantine Detention is brought, the Petitioner shall use the local form entitled “Petition for Writ of Habeas Corpus Re: Quarantine Detention ” (attached form PB-4052).

WARNINGCriminal cases

Applies to

Readiness brief

Must include

statement of facts

Readiness briefs must include specified content for prosecution and defense, including facts, criminal history, settlement history, and sentencing considerations.

Readiness briefs must include, but need not be limited to: a. Prosecution: a statement of facts expected to be shown by the evidence; perceived factors in aggravation; factors in mitigation; criminal history information, including prior performance on probation and/or parole; other pending cases and their status; the history of prosecution settlement offers; the history of defense settlement proposals; any indicated sentences previously given by the court; whether collateral consequences have been considered; three strikes review, if pertinent; and consideration of substance abuse/mental health issues and treatment, if pertinent. b. Defense: any information about the accused or the case that the accused consents to a trial judge considering, and/or that the accused desires a judge who is not the trial judge to consider under Penal Code section 1204.5, or a statement that the accused chooses to defer providing such information without prejudice

WARNING

Applies to

Declaration

Staff, parties, counsel, or investigators requesting records must fill out and present a Declaration using Local Form JV-2002 or JV-2002a, and a copy will be filed in the Court file.

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.

WARNING

Applies to

Discovery motion

A noticed discovery motion must state the relevancy and materiality of the information sought and why informal discovery was inadequate.

Any noticed motion must state the relevancy and materiality of the information sought and the reasons why informal discovery was not adequate to secure that information.

WARNINGCivil cases

Applies to

Probate order

Probate orders must be complete and must show the noticed hearing date and department.

All orders in probate matters must be complete and bear the noticed hearing date and department.

WARNINGCivil cases

Applies to

Declaration

If a survivorship-conditioned petition is filed before the period expires, a separate declaration executed after expiration must be filed with the Court.

If the right of a spouse or registered domestic partner to take under a will is conditioned on survival for a specified period of time, no property will be set aside or confirmed to the spouse or registered domestic partner until the expiration of the time period. If the petition is filed before the expiration of the survivorship period, a separate declaration executed by the petitioner after the survivorship period has expired must be filed with the Court.

WARNINGCivil cases

Applies to

Notice

The Pre-move Notice (GC-079) and Post-Move Notice (GC-080) must be filed with the Court when the conservatee's address changes.

When the address of the conservatee will be changed, the Pre-move Notice of Proposed Change of Personal Residence of Conservatee or Ward (Judicial Council form GC-079), and also the Post-Move Notice of Change of Residence of Conservatee or Ward (Judicial Council form GC-080) must be filed with the Court.

WARNINGCriminal cases

A memorandum of points and authorities must contain a concise statement of facts and law, a discussion of evidence and arguments, and a discussion of authorities; transcript page numbers must be cited 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.

WARNINGCriminal cases

Applies to

Property removal order

Where a one-time property removal is allowed, Attachment CR-6072 (Property Removal Order) must be completed and filed by the court, and the restrained and protected persons must each receive one certified copy.

In cases where the court allows the restrained person to remove "necessary personal property" from the protected person's residence as a one-time exception to the criminal protective order, Attachment CR-6072 (Property Removal Order) must be completed by and filed by the court, and the restrained person and protected person must be provided with one certified copy of the same.

WARNINGCriminal cases

Applies to

Motion

If the original trial judge is retired or unavailable, the case will be assigned for hearing by the Supervising Judge – Criminal.

If the original trial judge is retired or no longer available, the case will be assigned out for hearing by the Supervising Judge – Criminal.

WARNINGCivil cases

Applies to

Cy pres application

Parties must explain the need for and appropriateness of a cy pres recipient, disclose counsel or party interests in the recipient, and discuss handling of uncashed checks.

The parties must explain why a cy pres recipient is needed (i.e. why the funds cannot be re-distributed to class members) and why the cy pres . distribution meets the purposes of the suit or is otherwise appropriate. (C.C.P. § 384). The parties also must disclose interests or involvement by any counsel or party in the governance or work of the cy pres recipient, and discuss how the parties will handle uncashed checks.

WARNINGCivil cases

Applies to

Class certification brief

Class certification briefing must address the enumerated class certification factors: ascertainability, numerosity, typicality, adequacy, and substantial benefits/superiority.

3 ===== 2. Ascertainability a. The manner in which and the time when the individual class members will be identified if such identification is contemplated 3. Numerosity a. The approximate number of persons in the class, and if there are subclasses, the approximate number of persons in each subclass b. The basis for the above approximations c. The general geographic location[s] of the class members. If the class is not confined to the state of California, the description should include those locations outside California where class members are located d. Whether, and if so why, joinder is impracticable 4. Typicality a. Why the claims and status of each of the proposed class representative[s] are typical of those of the proposed class or of the proposed subclass b. Factual and/or legal differences, if any, in the representative’s status as a class member and those of any other persons within the class. If there are subclasses, a factual statement of the subclass of which the representative is a member c. Unique legal and/or factual issues, if any, pertaining to the representative[s] which must be litigated d. Conflicts, if any, between the class representative[s] and the class members 5. Adequacy a. The adequacy of class counsel, including the ability of class counsel to represent class members with conflicting claims or interest b. The adequacy of the class representative[s], including the ability of the class representative[s] to serve as fiduciaries for class members with conflicting or inconsistent claims or interests c. The issues of law and/or fact which must be litigated between class members 6. Substantial Benefits/Superiority a. Procedures alternative to a class action which might be used to adjudicate the issues involved in the action 3 ===== PAGE 4 ===== b. Why a class action is, or is not, procedurally superior to each alternative procedure, unless superiority is not an element of certifying that cause of action, including a discussion of the ability of the Court to manage the alternative proceedings in relation to its ability to manage the conduct of the class action c. Whether there are substantial benefits to the Court, the parties, and/or the public to proceeding