Santa Clara Superior Court Document Filing Requirements

WARNINGCriminal cases

Applies to

Readiness brief

Readiness briefs must include specified prosecution content (facts, aggravating/mitigating factors, criminal history, settlement history, collateral consequences, treatment, diversion) and defense content (information the accused consents to be considered or defers providing without prejudice).

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; considerations of substance abuse/mental health and treatment, if pertinent; and consideration of the merits of diversion. b. Defense: any information about the accused 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 pursuant to Penal Code section 1204.5, or a statement that the accused chooses to defer providing such information without prejudice.

WARNINGCivil cases

In employment cases, if the settlement payments are divided between taxable and non-taxable amounts, a rationale should be provided consistent with counsel’s Kullar analysis. The agreement and notice should clearly indicate whether there will be withholdings from the distribution checks, and who is paying the employers’ share of any payroll tax.

In employment cases, if the settlement payments are divided between taxable and non-taxable amounts, a rationale should be provided consistent with counsel’s Kullar analysis. The agreement and notice should clearly indicate whether there will be withholdings from the distribution checks, and who is paying the employers’ share of any payroll tax.

WARNINGCriminal cases

Applies to

Motion

In a motion under Penal Code section 1538.5(i) presented de novo, notice of that fact must appear on the first page of the moving and responding papers.

In any motion brought under Penal Code section 1538.5, subdivision (i) that is presented de novo, notice of this fact must also be set out on the first page of the moving and responding papers.

WARNINGCivil cases

Applies to

Petition

The petitioner must submit the Referral for Court Investigator-Conservatorship form with the notice of hearing and original petition to terminate a conservatorship.

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.

WARNING

Applies to

Application for extension

Must include

proposed order

Applications to extend time must include a proposed order.

Applications to extend time must include a proposed order.

WARNING

Applies to

Order modifying juvenile jurisdiction

An order modifying the Juvenile Court's jurisdiction must include an Order for Restitution and Abstract of Judgment (JV-790), the child's Individualized Educational Plans, and unsealed psychological evaluations from within the prior 12 months.

Restitution and Abstract of Judgment (Judicial Council Form JV-790); d. Individualized Educational Plans for the child; and e. Unsealed psychological evaluations of the child conducted within twelve (12) months prior to the Court’s order modifying the Juvenile Court’s jurisdiction.

WARNINGCivil cases

Applies to

Proof of service form

Must include

page count

Whichever form is used, the number of submitted pages shall be stated.

Whichever form is used, the number of submitted pages shall be stated.

WARNINGCivil cases

Applies to

Attorney fee application

Attorneys' fees will not be approved until the final approval hearing, where sufficient evidence for a lodestar analysis generally must be presented even if the fee is a percentage of recovery or agreed by the parties.

The Court will not approve the amount of attorneys’ fees until final approval hearing, at which time sufficient evidence generally must be presented for a lodestar analysis, even if the fee is based on a percentage of recovery and even if the parties have agreed to the fees.

WARNINGCivil cases

Applies to

Account

Each figure on the account summary must be supported by separate schedules of receipts, disbursements, gains/losses, and assets on hand, with estimated market value schedules.

Each figure on the summary of the account must be supported by separate schedules. These must include schedules of receipts and disbursements showing the date, amount, payor, payee, and nature or purpose of each item. Whenever possible, disbursements must show check numbers. The gain and loss schedules must reflect the sales price, the inventory or carrying value, and resultant gain or loss. The schedule of assets on hand must be itemized showing the inventory or acquisition value. For all accounts, there must be an additional schedule showing estimated market value of assets on hand as of the end of the accounting period, and a schedule of the estimated market value of the assets on hand as of the beginning of all accounting periods subsequent to the initial account.

WARNINGCriminal cases

Applies to

Ancillary expense declaration

Every ancillary expense application must be supported by a declaration covering the circumstances of the offense, case status, specific purpose and necessity of the services, and details of each proposed service provider including rates and expenses.

All applications for ancillary defense expenses shall be supported by a declaration setting forth: (1) A summary of the circumstances of the charged offense or facts that demonstrates why the funding of ancillary defense expenses is necessary in the interests of justice; (2) The status of the case; (3) The specific purpose for the funds, including the nature of the services to be rendered and an explanation why those services are reasonably necessary for the defense of the case; and (4) The name and title of each appointed service provider (investigator, expert, or other) for whom funds are being sought, the hourly rate and maximum amount expected to be charged for the service, travel-related expenses other than mileage, and any other special expenses.

WARNINGCivil cases

Applies to

Class notice

Class notices should always include contact information for class counsel, a URL to a website containing links to the notice and key documents, and URLs to the Court's electronic filing and service website.

Notices should always provide: (1) contact information for class counsel to answer questions; (2) a URL to a web site, maintained by the claims administrator or plaintiffs' counsel, that has links to the notice and the most important documents in the case; (3) for persons who wish to review the Court's docket in this case, the URL for the Court's electronic filing and service website at www.scefiling.org and www.scscourt.org.

WARNINGCivil cases

Applies to

Motion

Make sure to include a summary of class counsel’s experience and a listing of all prior cases on which class counsel has acted as lead or co-counsel.

Make sure to include a summary of class counsel’s experience and a listing of all prior cases on which class counsel has acted as lead or co-counsel.

WARNINGCivil cases

Applies to

All filed documents

Must include

judge name

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

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

WARNINGCivil cases

Applies to

Motion

If a claims-made procedure is proposed, the settling parties must be prepared to explain why it is superior to a checks-mailed approach.

If a claims-made procedure is proposed to be used, the settling parties must be prepared to explain why that form is superior to a checks-mailed approach.

WARNINGCivil cases

Applies to

Order and judgment

All final approvals must result in entry of judgment, and the words "dismissal" and "dismissed" should be avoided in proposed orders, judgments, and settlement agreements.

In light of the requirements of CRC 3.769(h), all final approvals must result in the entry of judgment, and the words “dismissal” and “dismissed” should be avoided not only in proposed orders and judgments but also in any settlement agreements.

WARNINGCriminal cases

Applies to

Motion

All moving, responding, and joining papers must include an accurate time estimate on the first page.

All moving, responding, and joining papers must set out an accurate time estimate on the first page.

WARNING

Parties must comply with CRC 8.254 to bring new authorities to the Appellate Division's attention after briefing or oral argument concludes.

Parties wishing to bring new authorities to the attention of the Appellate Division after briefing or oral argument has concluded must comply with CRC 8.254, as applicable in the Courts of Appeal.

WARNINGCriminal cases

Applies to

Motion

A party seeking to join a motion must set out the relevant facts and law as they relate to that party, and all motions to join must be 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.

WARNINGCivil cases

Applies to

Account

Trustees or attorneys must furnish evidence supporting fee disbursements in trust accountings, including an explanation of how any 'reasonable fee' was calculated.

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

WARNINGCivil cases

Applies to

Notice

The Notification of Change of Address of Conservator/Guardian (PB-4047) must be filed with the Court when the conservator's address changes.

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

WARNING

Applies to

Ex parte application

The ex parte applicant must complete the Declaration Re Notice of Ex Parte Application (Local Form JV-2000) to inform the judicial officer that notice was given.

The party requesting ex parte orders must inform the judicial officer that notice has been given by completing Declaration Re Notice of Ex Parte Application (Local Form JV-2000).

WARNING

Applies to

Brief

Parties must respect privacy concerns when naming third parties in briefs filed publicly in the Appellate Division.

To the extent reasonably and practically possible, and as applicable, the Appellate Division voluntarily complies with CRC 8.90, which applies in the Courts of Appeal, concerning privacy and the use of names in written opinions or decisions (See e.g., CRC 8.90(b)(4) [victims in criminal proceedings] & (b)(10) [persons in other circumstances in which personal privacy interests support not using the person’s name].) Parties must likewise respect privacy concerns in the manner in which third parties are named in briefs publicly filed in the Appellate Division.

WARNINGCivil cases

Applies to

Notice of proposed action

A copy of any Notice of Proposed Action must be filed with the Court along with proof of service.

A copy of any Notice of Proposed Action must be filed with the Court together with the proof of service.

WARNINGCriminal cases

Applies to

Motion

Oral testimony is not permitted at motion hearings unless ordered by the court (except Penal Code 1538.5 hearings), and notice of intent to call witnesses must appear on the first page of moving and/or responding papers.

Oral testimony will not be permitted in a motion hearing unless the court orders otherwise, except for properly noticed hearings brought under Penal Code section 1538.5. The court retains complete discretion as to the necessity for, and nature and extent of oral argument. Notice of intent to call witnesses must be specifically set out on the first page of the moving and/or responding papers.

WARNINGCivil cases

Applies to

Affidavit

If the minor's father is alleged unknown, a photocopy of the minor's birth certificate should be attached to the affidavit or declaration supporting an order dispensing with notice.

If it is alleged that the minor's father is unknown, a photocopy of the minor's birth certificate should be attached to the affidavit or declaration in support of an order dispensing with notice.

WARNING

Applies to

Waiver of oral argument

Oral argument may be waived by filing a notice or stipulation of waiver of oral argument within seven days after the notice of oral argument is sent under CRC 8.885(d).

Oral argument may be waived by filing a notice or stipulation of waiver of oral argument within seven days after the notice of oral argument is sent under CRC 8.885(d).

WARNINGCriminal cases

Applies to

Ancillary defense expense

All ancillary defense expenses require prior Court approval by order, and funds approved for a specific purpose may not be used for another purpose without prior approval.

All funds expended for ancillary defense expenses must have prior approval by Court order. Funds approved for a specific purpose, moreover, may not be expended for another use without prior Court approval.

WARNINGCivil cases

Applies to

Order and judgment

The Court prefers a combined "order and judgment" that incorporates "judgment is hereby entered" language, complies with CRC 3.769(h), includes the attorneys' fees holdback and compliance hearing provisions, and is submitted only after review by senior class counsel and settling defendants' counsel.

To assure appropriate handling by the Court clerk, the Court prefers the use of a combined “order and judgment,” clearly captioned as such (e.g., “Order of Final Approval and Judgment” or “Order and Judgment of Final Approval”). The body of the proposed order and judgment must also incorporate the appropriate “judgment is hereby entered” language and otherwise fully comply with CRC 3.769(h), including express reference to that rule as the authority for the Court’s continuing jurisdiction. The proposed order and judgment should also include the attorneys’ fees holdback provision and compliance hearing provision (with date and time to be filled in by the Court) discussed, above. No proposed order and judgment should be submitted until after review by senior class counsel and counsel for all settling defendants.

WARNINGCivil cases

Applies to

Final account

Upon the death of the conservatee, the conservator must turn over the assets to the personal representative or entitled persons, less a reasonable reserve.

Upon the death of the conservatee, the conservator shall turn over the conservatee's assets to the appointed personal representative or, if none, to the person or persons entitled thereto, less a reasonable reserve for closing expenses and attorney and conservator fees.

WARNINGCivil cases

Applies to

Incentive award motion

Requests for approval of incentive payments to class representatives must include evidentiary support consistent with Clark v. American Residential Services, and the Court will not approve such payments until that support is received.

Requests for approval of enhancement/incentive payments to class representatives must include evidentiary support consistent with the parameters outlined in Clark v. American Residential Services LLC (2009) 175 Cal.App.4th 785, 804-807. The Court will not approve incentive payments until it receives such evidentiary support (e.g., a declaration from a class representative).

WARNINGCivil cases

Applies to

Petition

The petition must set forth facts pertinent to an assumption agreement when the purchaser assumes or takes subject to an existing encumbrance.

The petition must set forth the facts pertinent to such assumption agreement.

WARNING

Applies to

Declaration

The Declaration for Juvenile Court Records (Local Form JV-2002) must be filed, dated, and contain the requesting attorney's name and state bar number.

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.

WARNINGCivil cases

Applies to

Petition for distribution

Petitions for preliminary or final distribution must report all IAEA actions per CRC Rule 7.250 and any 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.

WARNINGCivil cases

Applies to

Order and judgment

For settlements in Judicial Council Coordinated Proceedings, proposed orders and judgments must reflect CRC 3.545(b) & (c), include language that class counsel will undertake compliance with CRC 3.545(b)(1 & 2), and provide for filing a declaration confirming compliance.

If the actions that are being settled are included in a Judicial Council Coordinated Proceedings (“JCCP”), termination of each included action by entry of judgment is also subject to CRC 3.545(b) & (c), and proposed orders and judgments must so reflect. Language must also be included to the effect that compliance with CRC 3.545(b) (1 & 2) shall be undertaken by class counsel and that a declaration shall be filed confirming such compliance.

WARNINGCivil cases

Applies to

Account

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

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

WARNINGCriminal cases

Applies to

Notice of termination of protective order

If a criminal protective order is not addressed at the dismissal or probation-termination hearing, the clerk must prepare and submit a Notice of Termination (CR-165) within thirty days of case resolution.

If the criminal protective order is not addressed at the hearing dismissing the action or terminating probation under Penal Code section 1203.097, the clerk of court will, within thirty days of case resolution, prepare and submit to a judicial officer for signature a Notice of Termination of Protective Order in Criminal Proceeding (CR-165).

WARNINGCivil cases

Applies to

Final account

The final account must include the period ending on the date of death, show property on hand, incorporate a supplemental accounting of post-death transactions, and set forth the probate case number if a personal representative was appointed.

The conservator's final account shall include an account for the period ending on the date of death of the conservatee, and shall show all property on hand as of the date of death of the conservatee. Additionally, pursuant to Probate Code § 2620 (b), a supplemental accounting, to be incorporated in the final account and report, shall reflect all post-death transactions and showing property on hand as of the filing of the accounting. If a personal representative has been appointed in a probate proceeding following the death of the conservatee, then the probate case number must be set forth in the final report and account.

WARNINGCivil cases

Applies to

Cost request

The Court will review cost requests and any further supporting information requested must be submitted before final approval is granted.

In addition, the Court will review the cost request and may ask for further information supporting the cost request. That additional information will need to be submitted before final approval is granted.

WARNING

Applies to

Proposed order

Proposed orders must have a footer with the order title on every page, and the signature/date lines must not appear alone on a page.

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.

WARNINGCriminal cases

Applies to

Request for hearing on criminal protective order modification

The Request for Hearing on Criminal Protective Order Modification must include CLETS orders, relevant criminal and Family/Juvenile/Dependency/Probate case numbers, and records of safety planning or counseling.

Where applicable, the party requesting modification must include the following information with the Request for Hearing on Criminal Protective Order Modification ("Request"): (1) any applicable CLETS Civil Restraining Orders and Custody and Visitation Orders; (2) the case numbers of both the criminal court case and any Family, Juvenile, Dependency, or Probate cases involving the accused defendant and the alleged victim; and (3) a copy of attendance or other record reflecting any safety planning, therapy sessions, or other counseling course attended by the accused and/or the alleged victim after the alleged incident date for the most recent Family Violence matter.

WARNINGCivil cases

Applies to

Statement of issues

The Statement of Issues must set forth remaining issues and proposed alternative language, state the time estimated for trial, and list witnesses anticipated at trial.

The Statement of Issues shall clearly set forth any remaining issues and any proposed alternative language. Previously filed objections may be attached and incorporated by reference. In addition, the Statement of Issues shall state the time estimated for trial and provide a list of witnesses anticipated to be called at trial.

WARNINGCivil cases

Applies to

Proposed order

All proposed orders should include the requisite “recital,” “finding,” and “order” language, including adequate information to provide clear instruction to the settlement administrator. The proposed order should also attach the proposed notice and any associated forms as exhibits. The proposed order also should contain proposed dates for class notice, objections, opt-outs, claim submission, filing papers for final approval, hearing on motion for final approval and attorney fees, incentive payments.

All proposed orders should include the requisite “recital,” “finding,” and “order” language, including adequate information to provide clear instruction to the settlement administrator. The proposed order should also attach the proposed notice and any associated forms as exhibits. The proposed order also should contain proposed dates for class notice, objections, opt-outs, claim submission, filing papers for final approval, hearing on motion for final approval and attorney fees, incentive payments.

WARNINGCivil cases

Applies to

Petition to release funds

A petition to release blocked-account funds upon the minor's majority must include a copy of the minor's birth certificate when there is no prior Court record of the date of birth.

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.

WARNINGCivil cases

Applies to

Account

All accounts filed 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:

WARNINGCivil cases

Applies to

Petition

The petition for a temporary conservator must state facts establishing urgency, with a situation requiring immediate action being sufficient and ordinarily constituting good cause.

The petition must state facts establishing the urgency requiring the appointment of a temporary conservator. A situation requiring immediate action to protect the health, welfare, or the estate of the proposed conservatee will be sufficient. Ordinarily, a situation requiring immediate action constitutes good cause.

WARNINGCivil cases

Applies to

Attorney fees motion

All attorneys' fees award requests, whether in a final approval motion or a separate motion, must include detailed lodestar information even if the amount is based on a percentage of the settlement fund.

All requests for approval of attorneys’ fees awards, whether included in a Motion for Final Approval or made by way of a separate motion, must include detailed lodestar information, even if the requested amount is based on a percentage of the settlement fund.

WARNINGCivil cases

Applies to

Motion

The proposed Settlement Administrator must be identified with its level of experience, and a dispute resolution process should be specified where individual award calculations may be disputed.

The proposed Settlement Administrator must be identified, including basic information regarding its level of experience. Where calculation of an individual’s award is subject to possible dispute, a dispute resolution process should be specified.

WARNINGCivil cases

Applies to

Final approval motion

Papers in support of final approval should be captioned "Motion for Final Approval" and a hearing date obtained from the Complex Litigation Clerk before filing.

Nevertheless, settling parties should caption their papers submitted in support of final approval as a “Motion for Final Approval” and should obtain a motion hearing date from the Complex Litigation Clerk before filing.

WARNINGCivil cases

Applies to

Notice

If no account is due upon the death of the conservatee, the conservator must file a notice of death with a photocopy of the death certificate attached.

Upon the death of the conservatee, if no account is due, the conservator must file a notice of death of conservatee with a photocopy of the conservatee's death certificate attached.

WARNING

Applies to

Dependency mediation outcome form

The County Counsel attorney must complete the Dependency Mediation Outcome Form (Local Form JV-2029) and return it to the Mediator.

The attorney representing the Office of the County Counsel will be responsible for preparing any orders made by the Court related to the mediated agreement. The attorney from the Office of the County Counsel must complete the Dependency Mediation Outcome Form (Local Form JV-2029) and return the form to the Mediator.