Santa Clara Superior Court Document Filing Requirements

WARNINGCivil cases

Applies to

Confidential supplemental information

The Confidential Supplemental Information must be filed on form GC-312 separately from the petition, with a Confidential Document Cover Sheet attached, and must be 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).

WARNINGCivil cases

Applies to

Accounting

The Referral For Court Investigator form must be submitted with the notice of hearing and original accounting at the time of filing the 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.

WARNINGCivil cases

Applies to

Ex parte petition

Ex parte submissions must include a declaration stating when and to whom notice was given, or why notice should be waived.

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.

WARNINGCivil cases

Applies to

Petition

Where the estate owns only a fractional interest, the petition must state whether the sale is conditioned on closing of the sale of the unowned fraction.

Where the estate owns only a fractional interest in the real property, the petition must state whether the sale by the estate is conditioned upon closing of a sale of the unowned fraction.

WARNINGCivil cases

Applies to

Account

Accounts must contain a summary or recapitulation in the specified format.

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

WARNINGCivil cases

Applies to

Petition

The terms of sale shown in the petition must match 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.

WARNING

Applies to

Application

Parties may request that remote appearances not be allowed by filing an application with the Appellate Division within 10 days of the notice of oral argument, including a showing as to why not.

Any party may request that remote appearances not be allowed in a particular case (with a showing as to why not) on application filed with the Appellate Division and served within 10 days after the court sends notice of oral argument under CRC 8.885(c).

WARNINGCivil cases

Applies to

Objection

Must include

caption, case number

Written objections, supporting papers, and notices of intent to appear must identify the case name and number, be submitted to the Court by mail or in person, be mailed to identified law firms, and be filed or postmarked by the deadline.

All written objections, supporting papers and/or notices of intent to appear at the Final Approval Hearing must (a) clearly identify the case name and number ([*** v. ***], Case Number [1-**-CV-******]), (b) be submitted to the Court either by mailing the objection to: Clerk of the Court, Superior Court of California, County of Santa Clara, 191 N. 1st Street, San Jose, California 95113, or by filing in person at the same location; (c) also be mailed to the law firms identified [**********] and (d) be filed or postmarked on or before , 20**.

WARNINGCriminal cases

Applies to

Ancillary expense travel

No funds may be spent on overnight travel without prior court approval, and pre-approved hourly investigation expenses cannot be applied to overnight or airline travel unless the court expressly designates them for travel.

No funds may be expended for overnight travel by investigators, experts, or others without prior court approval. Pre-approved hourly investigation expenses may not be applied to overnight or airline travel costs unless expressly designated by the court for travel after an appropriate request.

WARNINGCivil cases

Applies to

Declaration

If a conservatee is not returned to California, the conservator must file a declaration showing proof of establishment of the 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.

WARNINGCivil cases

Applies to

Petition for confirmation

The petitioner must file a copy of the contract of sale when 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.

WARNINGCriminal cases

Applies to

Ancillary expense travel

Applications seeking travel expenses to interview witnesses must include a declaration addressing witness testimony relevance, why non-face-to-face methods or local investigators are insufficient, feasibility of same-day witness travel, and efforts to obtain the lowest airfare.

interview witnesses must contain, in addition to the requirements above, a declaration setting forth: a. The relevance and materiality of the witness’s proposed testimony; a. The relevance and materiality of the witness’s proposed testimony; b. An explanation why a telephone interview or an interview conducted through the Internet or other forms of electronic communication would not suffice instead of a face to face interview. An explanation why it would not be practical to utilize the services of an investigator in the area where the witness lives to conduct the interview; d. Whether it would be feasible to fly the witness to the San Jose airport for an interview, with a return flight the same day, to avoid the expense of overnight travel for the investigator; and e. A representation that the applicant has endeavored to secure the lowest possible airfare.

WARNING

Applies to

Dej suitability report

The Probation Department must prepare a DEJ suitability report using the CRC 5.800(d)(3)(A) factors after the District Attorney files the Determination of Eligibility form (JV-750).

In order to assist in determining suitability of youth for the Deferred Entry of Judgment (“DEJ”) Program and to comply with CRC 5.800, the Probation Department must prepare a report with a recommendation on the suitability of the youth for DEJ utilizing the factors in CRC 5.800(d)(3)(A) once the District Attorney has determined DEJ eligibility, stamped the Petition, and filed the Determination of Eligibility – Deferred Entry of Judgment – Juvenile (Judicial Council Form JV-750) case with the Clerk's Office.

WARNINGCivil cases

Applies to

Order appointing conservator

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.

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.

WARNINGCivil cases

Applies to

Class notice

All class notices should include the Court's website information, and settlement class notices should also provide the Court's mailing address for objections and notices to appear.

All Notices to Class Members should include information regarding the Superior Court of California, County of Santa Clara’s website(s): www.scscourt.org and www.scefiling.org. Settlement class notices should also provide the Court’s mailing address for sending objections and notices to appear: Superior Court of California, County of Santa Clara, 191 N. 1st Street, San Jose, California 95113.

WARNINGCivil cases

Applies to

Witness list

Witness lists should not be exaggerated. Only witnesses that a party expects to actually call should be listed, with a brief synopsis of the proposed testimony. In addition to the list contained in the statements, each list should also be prepared in the form attached as follows.

Witness lists should not be exaggerated. Only witnesses that a party expects to actually call should be listed, with a brief synopsis of the proposed testimony. In addition to the list contained in the statements, each list should also be prepared in the form attached as follows.

WARNING

Applies to

Ex parte application

Appointed counsel may apply via an ex parte application and order to be relieved as the counsel for minor child. The attorney for the minor(s) will serve the parties or attorneys for the parties the Ex Parte Application and Order to be Relieved as Counsel for Minor Child (attached form FM-1187) along with a blank Response to Application to be Relieved as Counsel for Minor Child (attached form FM-1188).

Appointed counsel may apply via an ex parte application and order to be relieved as the counsel for minor child. The attorney for the minor(s) will serve the parties or attorneys for the parties the Ex Parte Application and Order to be Relieved as Counsel for Minor Child (attached form FM-1187) along with a blank Response to Application to be Relieved as Counsel for Minor Child (attached form FM-1188).

WARNINGCivil cases

Applies to

Joint proposed jury instructions and verdict forms

Parties must prepare joint proposed jury instructions limited to CACI and verdict forms.

Prepare joint proposed jury instructions (CACI only) and verdict forms, and exchange disputed instructions.

WARNINGCivil cases

Applies to

Witness list

As noted above, counsel should include in their witness list the amount of time they expect to spend on direct examination of each witness. The amount of time should be stated in minutes (not days or hours).

As noted above, counsel should include in their witness list the amount of time they expect to spend on direct examination of each witness. The amount of time should be stated in minutes (not days or hours).

WARNING

Applies to

New pleading

Parties should not attach copies of pleadings already contained in the Court file to any new pleading.

Parties should not attach copies of pleadings already contained in the Court file to any new pleading.

WARNINGCivil cases

Applies to

Voir dire questions

Parties must prepare voir dire questions for the Court to use when examining the jury panel.

Prepare voir dire questions for the Court to include when examining the panel.

WARNINGCivil cases

Applies to

Deposition transcript

Original deposition transcripts to be used at trial must be provided as part of the trial exhibit submissions (list item continuing from the prior page).

(9) the original of all deposition transcripts to be used during the course of the trial.

WARNING

Applies to

Restraining order

Mutual restraining orders issued after a hearing must be stated on two separate sets of CLETS or Judicial Council approved forms, one for each party.

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.

WARNINGCivil cases

Applies to

Settlement position statement

Counsel and self-represented parties must submit written settlement position statements to the ADR judge at least five calendar days before the ADR session, and the statements must not be filed.

Counsel and self-represented parties must submit written statements of their position regarding settlement to the ADR judge no later than five calendar days before the ADR session. These statements must not be filed.

WARNING

Parties must provide reasonable and accurate time estimates at the hearing; exceeding the estimate allows the Court to take various actions including ruling without further hearing or continuing the matter.

At the hearing, parties shall provide the Court with reasonable and accurate time estimates. If either party’s time estimate is exceeded, the Court may, in its discretion, rule without further hearing, defer the matter to the end of the calendar if time permits, continue the matter, declare a mistrial for the hearing, or order the matter off calendar.

WARNINGCivil cases

Applies to

Mandatory settlement conference statement

Mandatory Settlement Conference Statements must comply with CRC 3.1380.

The Statement must comply with CRC 3.1380.

WARNING

Applies to

Order

Must include

judge name

An order prepared after a hearing before a temporary judge must include that judge's name and be submitted to the temporary judge or APJ for signature.

When a case has been heard by assignment to a temporary judge, the order prepared must contain the name of that judge and must be submitted to the temporary judge or the APJ for signature.

WARNINGCivil cases

Applies to

Case management conference statement

Case management conference statements must be filed in a combined format.

Case management conference statements are to be in a combined format; see VII. 3 below.

WARNINGCivil cases

Applies to

Witness list

Format for Witness Lists Plaintiffs’ List Party Direct Cross Redirect Witness (P or Total Subject

Format for Witness Lists Plaintiffs’ List Party Direct Cross Redirect Witness (P or Total Subject

WARNING

Applies to

Contempt order

After a contempt hearing, the moving party must prepare an order using the Judicial Council form, submit it directly to the Court if the citee is self-represented, and provide a copy to the other party.

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

WARNINGCivil cases

Applies to

Application for order authorizing payment for transcript

Applications for transcript payment must be supported by an affidavit showing the work was done, charges were supplied, ten days elapsed, and no dispute exists.

An application for an order authorizing payment for preparation of a transcript out of funds deposited by an attorney or a party in propria persona, must be supported by an affidavit demonstrating 1) that the work has been done; 2) a statement of the charges therefore has been supplied to the person who deposited the funds; 3) ten days have elapsed; and 4) there is no dispute concerning the charges.

WARNING

Applies to

Application for payment

Appointed counsel's application for payment must be made ex parte using local form FM-1067 and follow the procedures set out in that form.

Application for payment must be consistent with any court determinations under CRC 5.241 and will be made ex parte, using local form Application for Payment of Fees and Costs of Children's Counsel (attached form FM-1067), and following the procedures set out in that form.

WARNING

Applies to

Response

A party's response to appointed counsel's payment application must use form FM-1068 and follow the procedures set out in that form.

Any response by a party to appointed counsel's application for payment must use the Response to Application for Payment of Fees and Costs by Children's Counsel (attached form FM-1068), following the procedures set out in that form.

WARNING

Applies to

Protective order modification

The defendant signs an appropriate waiver of rights forms or enters a waiver of rights on the record.

The defendant signs an appropriate waiver of rights forms or enters a waiver of rights on the record.

WARNING

Applies to

Objection

Written objections must include the specific paragraphs and language objected to, the reasons for the objections, and the proposed modified language.

Objections shall be in writing and shall include the following: i. the specific paragraphs and language to which the party objects; (Effective 1/1/2008) ii. the reasons for the objections; and iii. the proposed modified

WARNINGCivil cases

Applies to

Application for order for payment of money

Applications for orders for payment of money must be supported by an affidavit stating the claimant's right to the amount and that it is on deposit.

An application for an order for payment of money must be supported by an affidavit clearly setting forth the claimant's right to the specific amount shown, and a statement that the amount in question is presently on deposit in the Treasurer's Office.

WARNINGCriminal cases

Applies to

Consent form

Consent forms for community youth must notify of possible press requests, state there is no obligation to meet the press, and contain express consent to press contact obtained before any press contact.

The consent forms provided to the community youth pursuant to the Standing Order of October 11, 2012, shall include a provision notifying the youth of possible press requests. The form shall contain an explicit notice that they are under no obligation to meet with the press. The form shall contain an express consent to press contact by the youth and his/her parents or guardians. The consent shall be obtained prior to any press contact.

WARNING

Applies to

Tax returns

Parties must bring at least three legible copies of recent tax returns and related income documents to support hearings; failure may delay the hearing or result in sanctions.

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

WARNING

Applies to

Pleadings

Both parties must attach a computer support printout to the pleadings or submit it at the hearing when child support or temporary spousal/partner 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).

WARNING

Applies to

Complaint

A complaint about appointed counsel's performance must be in writing, filed, served on all counsel and self-represented parties, and a copy delivered to the courtroom clerk for the APJ.

complaint must be in writing, filed and served on all counsel and self- represented parties, and a copy must be delivered to the courtroom clerk for the APJ.

WARNINGCivil cases

Applies to

Stipulation return of exhibits

Before trial, counsel must sign a stipulation for the return and maintenance of exhibits after trial, with the plaintiff maintaining joint exhibits unless otherwise stipulated.

Before trial commences, counsel will be asked to sign a stipulation for the return and maintenance of exhibits when the trial is completed. Plaintiff will maintain joint exhibits, unless otherwise stipulated.

WARNING

Applies to

Hearing exhibit

Except for documents that impeach the truthfulness of a party or witness, a party shall provide a copy of each document to be offered to the Court before any hearing to all counsel and self-represented parties. Parties shall bring to court three copies of any document to be offered at the hearing. Parties shall also be prepared to provide to the Court at the hearing copies of all pleadings, proofs of service, and earlier orders.

Except for documents that impeach the truthfulness of a party or witness, a party shall provide a copy of each document to be offered to the Court before any hearing to all counsel and self-represented parties. Parties shall bring to court three copies of any document to be offered at the hearing. Parties shall also be prepared to provide to the Court at the hearing copies of all pleadings, proofs of service, and earlier orders.

WARNINGCivil cases

Applies to

Consent to e filing form

The Consent to E-Filing Form must be used as part of the mandatory e-filing program.

adopt for mandatory use the Consent to E-Filing Form as approved by the Executive Committee

WARNING

Applies to

Motion custody visitation

In motions or requests for order where custody or visitation is at issue, the moving party must include the required order and serve a notice form describing Parent Orientation.

(1) Except as provided in subdivision (a) of this rule, in all motions or requests for order in which custody or visitation is an issue, the moving party must include the order described in subdivision (b) of this rule and must serve a notice form describing Parent

WARNING

Applies to

Billing statements

Parties must not attach billing statements to fee requests but must exchange them before the hearing, and the attorney must bring copies of the bills to the hearing.

The parties shall not attach billing statements to the attorney's fee request, but shall exchange billing statements before the hearing. The attorney shall also bring copies of the bills to the hearing.

WARNINGCivil cases

Applies to

Application for waiver of msc personal appearance

Waivers of the personal appearance requirement at the MSC must be requested by written application to the Court.

Any request for a waiver of the requirement to personally appear at the MSC, whether conducted by the Court or not, must be made by written application to the Court.

WARNING

Applies to

Settlement conference statement

The Settlement Conference Statement must state the party's position on each issue for trial and describe any previously resolved issues by reference 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.

WARNINGCivil cases

Counsel should NOT use a Form CIV-110 in a case involving class or PAGA claims, as resolution of such claims requires court approval.

Counsel should NOT use a Form CIV-110 in a case involving class or PAGA claims, as resolution of such claims requires court approval.

WARNING

Applies to

Referral

When forwarding a referral to the Traffic Court, PEI must attach a cover note containing the specified language.

When forwarding a referral to the Traffic Court, PEI shall attach a cover note stating: "This matter is being referred by Juvenile Probation to Santa Clara County Traffic Court for adjudication."

WARNING

Applies to

Panel application

Attorneys must submit FL-322 and initial application FM-1081 to join the panel, and must renew each year by December 31 with FL-322 and renewal declaration FM-1082.

Attorneys wishing to be included on the Court's panel must submit Judicial Council form FL-322 and an Initial Application (attached form FM-1081) to the Supervising Judge. Attorneys selected for the panel who are serving as counsel for minors or who wish to remain on the panel for future appointments must submit to the Supervising Judge an updated Judicial Council form FL-322 and a Renewal Application/Eligibility Declaration (attached form FM-1082) each year no later than December 31.