Santa Cruz Superior Court Document Filing Requirements

Applies to

Evidence

Self-represented litigants' evidence submissions must include a cover sheet and a statement confirming provision of a copy to the other party and explaining the method used.

Self-Represented Litigants: Evidence may be efiled or submitted over the counter and must include a cover sheet and a statement that a copy of the evidence was provided to the other party including how it was provided.

Applies to

Elisor appointment application

Must include

proposed order

A civil or probate elisor appointment application must be filed with a supporting declaration and proposed order.

An application for appointment of an elisor shall be made by filing an application, declaration in support and proposed order.

Applies to

Waiver of defendant personal presence

A criminal defendant waiving personal presence must execute form SUPCR 321 and file it in open court before the proceeding or with the court at least five court days before it.

A defendant deciding not to exercise the right to be physically present shall use local court form SUPCR 321, Waiver of Defendant’s Personal Presence, to execute a written waiver of that right to appear remotely. Form SUPCR 321 shall be filed in open court prior to the proceeding or no less than five (5) court days prior to the proceeding when filing with the court.

Applies to

Declaration in support

The declaration supporting an elisor appointment application must state specific facts establishing why the appointment is necessary.

The declaration supporting the application must include specific facts establishing the necessity for the appointment of an elisor.

Applies to

Request for order

An elisor appointment requires a request for order supported by a declaration.

A court order for the appointment of an elisor must be made by a request for order and a supporting declaration.

Applies to

Request for order

At least one supporting declaration must be filed with the request for appointment of an elisor.

At least one supporting declaration needs to be filed with the request.

Applies to

Supporting declaration

The supporting declaration must list the exact documents the elisor is asked to sign.

Include a list of the exact documents the elisor is being asked to sign.

Applies to

Supporting declaration

The supporting declaration must describe good-faith efforts to meet and confer to resolve the issue.

Include a description of the good faith efforts to meet and confer to resolve the issue.

Applies to

Supporting declaration

The supporting declaration must state facts establishing the necessity of appointing an elisor.

Specify facts establishing the necessity or the appointment of an elisor.

Applies to

Trial brief

Trial briefs are required for all civil court trials and jury trials.

Trial briefs are required for all civil court trials and jury trials.

Applies to

Continuance request

For a defendant-requested continuance of a time-not-waived trial, the request must state the words “time is waived.”

If requested by the defendant and it is a time not waived trial, the request must state “time is waived.”

Applies to

Continuance request

An arresting-agency continuance request must indicate that a copy was mailed to the defendant, and a defendant request must include the agency name and address.

If the request for a continuance is by the arresting agency, the request must indicate that a copy has been mailed to the defendant. If the continuance request is by the defendant, the request must include the agency name and address

Applies to

Continuance application

Must include

proposed order

A stipulated trial continuance requires the SUPCV 1013 written application, a good-cause declaration, and a proposed order for the court's signature.

Parties requesting a stipulated continuance of a trial must submit a written application on local form SUPCV 1013, Application and Stipulation for Order to Continue Trial, supported by a declaration showing good cause and a proposed order for the Court's signature.

Applies to

Joint statement

Counsel must prepare and lodge a joint statement concerning pending discovery issues at least five court days before an informal discovery conference, and noncompliance may result in monetary sanctions, termination of the conference, or both.

Counsel shall prepare and lodge a Joint Statement as to pending discovery issues at least five (5) court days prior to the informal discovery conference date. The statement shall not exceed five pages. Failure to comply with this requirement may result in monetary sanctions, termination of the informal discovery conference, or both.

Applies to

Ex parte application or opposition

A request to appear at the ex parte hearing must be stated on the face page of the application or opposition.

If either party requests to appear on the application or opposition, the application or opposition must state this request on the face page of the ex parte application and/or opposition.

Applies to

Order

The prevailing party must prepare a formal order, repeating an uncontested or fully adopted ruling verbatim, and other proposed orders must be sent to counsel for review before submission.

When a tentative ruling is uncontested or is adopted in full by the Court as the final ruling after argument, without modification, the prevailing party is required to prepare a formal order repeating verbatim the substantive portion of the ruling. Copy the text from the proposed tentative ruling and paste it into a pleading template. The order may be immediately submitted to the Court for execution in the courtroom or submitted for e-filing without obtaining approval of other parties. In all other cases, the prevailing party shall prepare an order consistent with the announced ruling in accordance with California Rule of Court 3.1312 and shall forward the proposed order to counsel for review before submitting it to the Court for execution and filing.

Applies to

Initial pleading

For the listed family-law initial pleadings, the Clerk must append a Notice of Status Conference stating the conference date, time, and place; the conference is set approximately 180 days after filing, the filing party must serve the notice on all other parties, and the date is automatically vacated upon judgment or dismissal.

At the time a Petition for Dissolution, Petition for Nullity, Petition for Legal Separation, Petition for Dissolution/Nullity/Legal Separation of Domestic Partnership, Petition for Custody and Support of Minor Children or a Petition to Determine Parental Relationship (other than filed by the Department of Child Support Services) is filed, the Clerk shall append to the initial pleading a document entitled Notice of Status Conference stating the DATE, TIME and PLACE of the status conference. The conference date shall be set approximately 180 days from the date of filing of the initial pleading. It is the responsibility of the filing party to serve all other parties with Notice of the Status Conference date. The conference date will automatically be vacated when a judgment is entered, or a dismissal filed.

Applies to

Status conference statement

The parties must complete the Status Conference Statement – Family Law, local form SUPFL 1034, and file it no later than 10 days before the court date; the form may be filed jointly.

The parties must complete the Status Conference Statement – Family Law, local form SUPFL 1034, to inform the court of the progress they have made in their case. The form may be filed jointly. This must be filed no later than 10 days before the court date.

Applies to

Settlement conference statement

For support issues, the settlement conference statement must include Judicial Council form FL-150 and, if applicable, the last two months of pay stubs or a profit-and-loss statement.

An Income and Expense Declaration, Judicial Council form FL-150, including the last two months of pay stubs or profit and loss statement if applicable.

Applies to

Ex parte motion

Must include

certificate of service

A request for ex parte orders must include Judicial Council form FL-303, the Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders.

The attorney or self-represented party requesting ex parte orders must submit Judicial Council form Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders, FL-303 along with other moving papers.

Applies to

Ex parte request

An electronically filing party must include three availability dates with an ex parte request, covering both an order shortening time (no more than 21 days) and a denied order shortening time (no less than 30 days).

If you electronically file your ex parte request, you must include availability dates with your ex parte request. Include three dates both to cover an order shortening time (no more than 21 days) and a denied order shortening time (no less than 30 days).

Applies to

Application for publication or posting

Must include

certificate of service

A request for publication or posting service requires the specified Judicial Council forms, including FL-980, FL-982, and, when applicable, FL-985.

To request service by publication or posting, the petitioner must follow the instructions, complete and submit to the Court the following Judicial Council forms; Application for Order for Publication or Posting (FL-980), Order for Publication or Posting (FL-982), and when needed Proof of Service by Posting (FL-985).

Applies to

Proposed order

Must include

proposed order

A party requesting a continuance must submit a proposed FL-309 Order on Request to Reschedule Hearing.

The requesting party must complete and submit a proposed FL-309 Order on Request to Reschedule Hearing.

Applies to

Declaration of supervised visitation provider

Professional supervised visitation providers must submit a signed Judicial Council Form FL-324(P) stating that all training and qualification requirements have been met.

All professional supervised visitation providers must sign a Declaration of Supervised Visitation Provider (Professional) Judicial Council Form (FL-324(P)) stating that all training and qualification requirements to be a professional provider have been met.

Applies to

Declaration of supervised visitation provider

Must include

local rule certificate

New professional providers must submit Form FL-324(P) to the Family Court Services Director before their first supervised visit.

The Declaration (FL-324(P)) must be submitted to the Family Court Services Director before the first supervised visit for new providers.

Applies to

Declaration of supervised visitation provider

Must include

local rule certificate

Professional providers already on the list must submit Form FL-324(P) during the first week of January each year.

The FL-324(P) must be submitted the first week of January each year for professional providers already included on the list.

Applies to

Supervised visitation report

Each required provider report must include a separate report copy, and the report may be filed in person or electronically at the provider’s discretion or when requested.

Every time the professional visitation provider submits a report to the court required by Standard 5.20(j)(3), a separate copy of the report must be submitted with the report. The reports should be filed in-person or e- filed at their discretion or when requested by parties, i.e., parents, attorney, the judge.

Applies to

Supervised visitation provider declaration

Nonprofessional supervised visitation providers must file the FL-324(NP) declaration before serving as a visitation provider.

All nonprofessional supervised visitation providers are required to file a Declaration of Supervised Visitation Provider (Nonprofessional) Judicial Council Form (FL-324(NP)) stating that all requirements to be a nonprofessional provider have been met before serving as a visitation provider.

Applies to

Co parenting course

Parties with children in dissolution, legal separation, paternity, nullity, custody, or support cases must complete the educational online course before judgment, while the court may order parties in other case types to complete it.

After filing for dissolution, legal separation, paternity, nullity, or petition for custody and support, those parties with children will be required to complete an educational online course designed to inform parents of the needs of children when their parents do not live together. This is mandatory. It must be completed before judgment may be entered. Parties filing other case types may be ordered by the court to complete the online course.

Applies to

Co parenting course

The required online course is the Judicial Council’s Parenting after Separation Course or PAS, and substitutions require prior judicial approval.

The parties must complete the Judicial Council’s online Parenting after Separation Course or PAS (Families Change: http://parenting.familieschange.ca.gov/). There are no substitutions without prior judicial approval.

Applies to

Co parenting course

Both parties must complete the online course.

Both parties must complete the online course.

Applies to

Certificate

After completing the online course, a party must print and file a copy of the certificate with the Court for the case to be completed.

After completing the online course, the party will be required to print out and file a copy of the certificate with the Court. A certificate is required to be on file to complete the court case as stated in Local Rule 3.4.01(a).

Applies to

Declaration of counsel for a child regarding qualifications

Must include

local rule certificate

Appointed minor-child counsel must file the FL-322 declaration showing compliance with all requirements within 10 days of appointment and before beginning work on the case.

If the family court appoints counsel for a minor child, the appointed attorney must file the Judicial Council form Declaration of Counsel for a Child Regarding Qualifications (FL-322) with the court indicating compliance with all requirements, including education requirements, no later than 10 days after being appointed and before beginning work on the case.

Applies to

Trial brief

Trial briefs must include a concise factual statement, contested issues, relevant points and authorities, witness details and examination estimates, an exhibit list, and a reasonable trial-time estimate.

The trial brief must contain the following: A complete and concise factual statement of the case; A complete and concise statement of the contested issues; Any points and authorities relevant to a particular contested issue; A list of witnesses that shall include the witness’ name and business address, a brief statement of the substance of the witness’ testimony, and a time estimate for direct and cross-examination; A list of exhibits to be offered at trial; and A reasonable and accurate time estimate for trial.

Applies to

Petition

A Notice of Hearing on the mandatory Judicial Council form must accompany the petition or status report when filed.

A Notice of Hearing on the mandatory Judicial Council form must be submitted at the time of filing of the petition or status report.

Applies to

Order

Orders must be complete and independently state their substance without requiring reference to the underlying petition.

All orders must be complete. The order shall be drawn so that its substance may be determined without having to refer to the petition on which it is based.

Applies to

Ex parte application

Ex parte applications must state the justification for urgent action under California Rules of Court Rule 3.1202.

Ex parte applications must set forth the justification for such urgent action as required under California Rules of Court Rule 3.1202.

Applies to

Ex parte application

Ex parte paperwork must include a declaration regarding notice; Local Form SUPCV 420 may be used.

A declaration regarding notice must be submitted with the ex parte paperwork. Optional Local Form SUPCV 420 may be used.

Applies to

Petition and order for blocked account

A blocked-account petition and order must state that no withdrawals may be made without a prior court order.

A petition and order to place assets in a blocked account shall state that "no withdrawals shall be made without prior Court order".

Applies to

Petition for withdrawal of funds from a blocked account

A withdrawal-of-funds petition may be submitted ex parte but must use Judicial Council form MC-357.

A petition for withdrawal of funds may be submitted ex parte. The mandatory Judicial Council form Petition for Withdrawal of Funds From a Blocked Account (MC-357) must be used.

Applies to

Petition for probate of will

If any part of the will is handwritten, an exact typewritten copy of that portion must accompany the petition for probate.

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

Applies to

Petition for probate of will

A foreign-language will requires an expert translation submitted with the petition and an affidavit describing the translator's expertise.

If the will is in a foreign language, a translation by an expert shall be submitted at the time of filing the Petition for Probate, Judicial Council form DE-111. An affidavit as to the expertise of the translator shall accompany the translation.

Applies to

Petition for probate of lost will

A petition to probate a lost will must state on its face that the will is lost, and both published and mailed notices must state the same fact.

Petitions for Probate of Lost Wills, Judicial Council form DE-111, must clearly state on their face that the will is lost and both the published and mailed notice must so state.

Applies to

Petition for probate of lost will

Evidence is required to overcome the statutory presumption of revocation in a lost-will proceeding.

Evidence will be required to overcome the presumption of revocation under Probate Code

Applies to

Petition for probate

When no copy of the will exists, the Petition for Probate must include a written statement of the testamentary words or their substance.

In those cases where there is no copy of the will, the Petition for Probate, shall include a written statement of the testamentary words or their substance.

Applies to

Attachment 8

Attachment 8 must clearly identify the relationship of lineal descendants to predeceased heirs and beneficiaries.

Attachment 8 must clearly identify the relationship of lineal descendants to predeceased heirs and beneficiaries.

Applies to

Executor declination

A nominated executor who declines to act must file a signed declination before the hearing.

If a nominated executor declines to act, a signed declination must be filed prior to the hearing date.

Applies to

Duties and liabilities of personal representative de 147

The Judicial Council DE-147 Duties and Liabilities of Personal Representative form must be filed before the Petition for Probate hearing.

Duties and Liabilities of Personal Representative, Judicial Council from DE-147, must be filed with the Court before the hearing of the Petition for Probate.

Applies to

Consent to serve as personal representative

When the petition seeks appointment of a personal representative other than the petitioner, consent to serve must be filed for each proposed personal representative.

Where a petition seeks the appointment as personal representative of one or more persons other than the petitioner, consent to serve as personal representative must be filed for each proposed personal representative.

Applies to

Notice of petition to administer estate de 121

The Notice of Petition to Administer Estate, Judicial Council form DE-121, must be filed with the Petition for Probate, form DE-111.

The Notice of Petition to Administer Estate, Judicial Council form DE-121, must be filed with the Petition for Probate, Judicial Council form DE-111.

Applies to

Petition for probate of will

All persons and organizations named in a will or codicils must be listed in the appropriate attachment and noticed in a Petition for Probate of a Will.

In a Petition for Probate of a Will, all persons and organizations named in the will or codicils shall be listed in the appropriate attachment and noticed.

Applies to

Declaration of no known heirs

If the decedent had no known heirs or qualifying heirs of a predeceased spouse, a declaration stating the basis and heir-location efforts must be filed.

If the decedent had no known heirs, or heirs of a predeceased spouse pursuant to Probate Code § 6402.5, a declaration to that effect shall be filed setting forth the basis for the declaration and the efforts made to locate any heirs.

Applies to

Inventory and appraisal de 160

The general personal representative must file Judicial Council form DE-160 within four months after Letters are issued.

An Inventory and Appraisal, Judicial Council form DE-160, must be filed within four months from when Letters are issued to the general Personal Representative.

Applies to

Petition for confirmation of sale

A copy of the contract of sale must be attached to the petition for confirmation of sale.

A copy of the contract of sale shall be attached to the petition for confirmation of sale.

Applies to

Petition for confirmation of sale

A petition confirming the sale of real property must state the bond amount in force and the estate property amount that should be covered by the bond.

Petitions for confirmation of sales of real property, Judicial Council form DE-260/GC- 060 Report of Sale and Petition for Order Confirming Sale of Real Property, shall set forth the amount of bond in force at the time of the sale and the amount of property in the estate which should be covered by a bond.

Applies to

Petition for confirmation of sale

A petition involving the estate's fractional interest in real property must state whether the sale depends on closing the sale of the unowned fractional interest.

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

Applies to

Petition for confirmation of sale

When the whole parcel is sold, the petition and overbid calculation must list only the fractional interest and its value.

If the whole parcel is being sold, only the fractional interest and its value shall be listed on the petition and used to calculate the overbid.

Applies to

Overbid

All open-court overbids must be submitted in writing before the court will accept the offer and grant the sale.

All overbids in open court must be in writing before the Court will accept the offer and grant the sale.

Applies to

Reappraisal for sale

Sale reappraisals must be made by the probate referee unless the court waives appointment of the referee.

Reappraisals must be made by the probate referee unless the Court has waived appointment of the referee.

Applies to

Ex petite preliminary distribution petition

An ex parte distribution petition must state the justification for urgent action under California Rule of Court 3.1201.

Ex parte petitions for distribution must set forth the justification for such urgent action as required under California Rule of Court 3.1201.

Applies to

Distribution petition

Property subject to distribution must be listed and described in detail; reference to the will or inventory alone is insufficient.

Property to be distributed shall be listed and described in detail; description by reference to the will or inventory is not acceptable.

Applies to

Distribution petition

A distribution involving real property must include its legal description and assessor's parcel number in the decree body or an incorporated attachment.

If the distribution includes any interest in real property, the legal description, including the assessor’s parcel number, must be included in the body of the decree or in an attachment incorporated by reference.

Applies to

Final distribution petition

A final distribution petition must fully explain when specifically bequeathed property is no longer in existence.

If specifically bequeathed property is not in existence at the time of final distribution, the petition shall set forth a full explanation concerning that fact.

Applies to

Final distribution petition

The final distribution petition must include the names and present addresses of all persons entitled to receive estate property.

The names and present addresses of all persons entitled to receive property of the estate must appear in the petition for final distribution.

Applies to

Petition for distribution

The petition for distribution must sufficiently describe intestate heirs’ relationships to permit review of interstate succession law.

The relationship of heirs who take by intestacy should be sufficiently described in the petition for distribution to permit the Court to determine whether the laws of interstate succession have been properly applied.

Applies to

Petition for distribution

When an heir takes by representation, the petition must state the heir’s parentage and the approximate date of the parent’s death.

If an heir takes by right of representation, the petition must indicate parentage and the approximate date of the parent’s death.

Applies to

Petition for final distribution

The petition for final distribution must identify the source of payment for any federal estate tax.

The petition for final distribution must address the question of the source of the payment of the federal estate tax if any.

Applies to

Final report

If estate-tax payment is prorated, the final report must show the computation, and the final-distribution order must include the proration.

If prorated, the final report must show the computation and the order for final distribution must include the proration.

Applies to

Petition for distribution

The petition for distribution must allege whether the property is separate or community property.

The petition for distribution must contain an allegation as to the separate or community character of the property.

Applies to

Petition for distribution

When closing expenses are requested, the petition must state how any unused portion will be distributed.

When closing expenses are requested, the petition and order must set forth the distribution of any unused portion thereof.

Applies to

Petition for distribution

If the estate lacks sufficient cash for statutory attorney’s fees, the petition must explain how the fees will be paid.

When there is insufficient cash in the estate to pay the statutory attorney's fees, the petition shall address the method of payment of the fees (e.g., via a lien on real property, or pursuant to outside agreement between the attorney and all residual beneficiaries, etc.).

Applies to

Petition for distribution

Sufficient evidence must establish that every affected beneficiary knows of the statutory attorney’s-fee payment arrangement.

There shall be sufficient evidence to indicate that all beneficiaries affected are aware of the arrangement.

Applies to

Order

The order portion of Judicial Council form DE-295 must be completed in full, leaving only the date and judge’s name blank.

The "order" portion of the Judicial Council form DE-295, Ex Parte Petition for Final Discharge and Order shall be completed in full except for the date and name of the judge.

Applies to

Petition for removal

Must include

proposed order

A petition for removal must include a proposed order directing the clerk to issue a citation.

With the petition for removal, the petitioner shall submit a proposed order directing the clerk to issue a citation.

Applies to

Petition for removal

The petition for removal must be accompanied by a citation directing the personal representative to appear personally and show cause why removal should not be granted and letters revoked.

The petitioner shall also submit the citation requiring the representative to appear personally and to show cause why the petition for removal should not be granted and letters revoked.

Applies to

Extraordinary compensation request

When statutory compensation exceeds $20,000 and the requested extraordinary compensation exceeds the referenced subsection amounts, a declaration outlining all ordinary and extraordinary services provided must accompany the request.

Whenever statutory compensation exceeds $20,000 and the attorney or personal representative requests extraordinary compensation that exceeds the amounts of Local Rule 4.2.15 subsection (e) or (f) above, the request must be supported with a declaration that outlines all the ordinary and extraordinary services that were provided.

Applies to

Account and report

An account and report must state its beginning and ending dates and detail all fiduciary receipts and disbursements.

The account and report must contain the following material: The beginning and ending dates of the account. A detailed description of all receipts and all disbursements of the fiduciary.

Applies to

Proposed limited conservatorship

Appointment of counsel is mandatory for a proposed limited conservatee.

Appointment of counsel for a proposed limited conservatee is mandatory.

Applies to

Application requesting appointment of a Public Defender

An application requesting a Public Defender must state facts establishing the proposed conservatee's inability to obtain private representation.

If a Public Defender is requested, facts in the application must assert the proposed conservatee's financial inability to obtain private representation.

Applies to

Initial petition for appointment in a conservatorship

Every conservatorship initial petition for appointment must include local form SUPPR 1085 and its applicable attachments.

In every conservatorship, local form SUPPR 1085 Referral to Court Investigator CONFIDENTIAL and applicable attachments must be filed with the initial petition for appointment.

Applies to

Guardianship of the person petition for appointment

In a guardianship of the person, UCCJA Declaration form GC-120 must be filed with the appointment petition and whenever the minor's address changes.

In any guardianship of the person a Declaration under the Uniform Child Custody Jurisdictional and Enforcement Act, Judicial Council form GC-120, shall be filed with the petition for appointment and at any time there is a change of address of the minor.

Applies to

Conservatorship appointment proceeding

A proposed conservatee who makes a nomination or waives bond must prove capacity to understand the nature and significance of the action.

A proposed conservatee, who has made a nomination and/or waived the requirement of a bond, must prove to the Court that they have the capacity to understand the nature and significance of such actions.

Applies to

Petition for authority to expend guardianship funds

A request to use guardianship funds for a minor's ordinary support must be made in a separate petition with a detailed explanation and financial statements showing the parents' inability to support the child.

A petition for authority to expend such funds must be presented in a separate petition, containing a detailed explanation, including financial statements, of the parents’ inability to support the child.

Applies to

Inventory and Appraisal

An Inventory and Appraisal, Judicial Council form GC-040, must be filed in every conservatorship or guardianship of the estate, even when accounting relief may be sought.

An Inventory and Appraisal, Judicial Council form GC-040, shall be filed in all cases where there is a conservatorship or guardianship of the estate, even in a case where relief from the requirement of filing accountings may be sought under Probate Code § 2628.

Applies to

Inventory and Appraisal

If the fiduciary holds no assets, the inventory must state that fact and identify who possesses any assets.

When there are no assets in the hands of the fiduciary, the inventory shall so indicate and state who has possession of any assets.

Applies to

Inventory and separate accounting schedules for multiple minors

For an estate guardianship involving multiple minors, the inventory and accounting schedules must separately state each minor's interests, receipts, disbursements, and assets.

When a guardianship of the estate has been instituted for more than one minor, the interests of each minor must be separately stated in the inventory and separate accounting schedules must be presented so that the receipts, disbursements and assets pertaining to each minor's estate are readily ascertainable.

Applies to

Petition for successor conservator or guardian

A petition for a successor conservator or guardian must use the applicable Judicial Council form approved for initial petitions: GC-210, GC-210(P), or GC-310.

The petition for a successor conservator/guardian shall be submitted on the same form approved by the Judicial Council for initial petitions; GC-210, GC-210(P), GC-310.

Applies to

Guardianship account report

The report accompanying a guardianship account must state the ward's age, health, and present address.

A statement of the age, health, and the present address of the ward.

Applies to

Guardianship account report

A guardianship account report must explain when inventoried income-producing property does not produce reported income.

If income producing property is inventoried in the guardianship and the account fails to indicate that income is being produced by the property, an explanation must appear in the report;

Applies to

Guardianship account report

A guardianship account report must state whether real property has been rented or leased to specified court employees or their relatives.

Whether any real property has been rented or leased to any court employee, or any person related by blood or marriage to a court employee, who has duties or responsibilities related to the appointment of a guardian or the processing of any documents related to a guardian;

Applies to

Guardianship account report

A guardianship account report must state whether specified personal property was privately sold, rented, or leased to a qualifying court employee.

Whether any personal property has been sold at a private sale, rented or leased to any court employee, who has duties or responsibilities related to the appointment of a guardian or any processing of any documents related to a guardian;

Applies to

Guardianship account report

A guardianship account report must disclose any qualifying business the guardian referred to an entity in which the guardian had a financial interest.

Whether the guardian, in exercising their duties, has hired or referred any business to an entity in which they have a financial interest as defined in Probate Code § 2351, subdivision (d) or Probate Code § 2401, subdivision (c); and

Applies to

Guardianship account report

A guardianship account report must disclose any qualifying transaction involving property and a person related to the guardian by a family or affiliate relationship.

Whether the guardian has sold, leased, or rented any real or personal property to any person with whom the guardian has a family or affiliate relationship as defined in Probate Code § 2403, subdivision (c)(2).

Applies to

Accounting waiver petition

An accounting-waiver petition should address prior independent powers and must allege whether a conservatee or minor over 12 is aware of and agrees to the request.

Any prior grant of independent powers will be reconsidered at that time and should be addressed by the petition. The petition must allege whether the conservatee or minor (over the age of 12) is aware of the request and agrees to the waiver.

Applies to

Accounting waiver order

An order dispensing with an accounting must expressly state that no further account filings are required until the statutory waiver conditions cease to apply.

This must be explicitly set forth in the order.

Applies to

Conservatorship account report

A conservatorship account report must state the conservatee's present address.

The present address of the conservatee;

Applies to

Conservatorship account report

A conservatorship account report must explain when inventoried income-producing property does not produce reported income.

If income producing property is inventoried in the conservatorship and the account fails to indicate that income is being produced by the property, an explanation must appear in the report;

Applies to

Conservatorship account report

A conservatorship account report must state whether real property has been rented or leased to specified court employees or their relatives.

Whether any real property has been rented or leased to any court employee, or any person related by blood or marriage to a court employee, who has duties or responsibilities related to the appointment of a conservator or the processing of any documents related to a conservator;

Applies to

Attorney fee invoice or declaration

Copies of invoices or declarations complying with Business and Professions Code § 6148(b) must be submitted when the court approves or reviews reasonable attorney fees in guardianships, conservatorships, or trusts.

When the court is to approve or review reasonable attorney fees to be granted in guardianships, conservatorships and trusts within the jurisdiction of the Court copies of invoices or declarations shall be submitted to the court which comply with the requirements of Business and Professions Code § 6148(b).

Applies to

Conservator appointment petition

Must include

caption, case number

A conservator appointment petition filed by a private professional conservator must include the conservator's California registration number and registration date.

Registration information required: Any petition to appoint a conservator filed by a private professional conservator must include State of California registration numbers and the date of registration.

Applies to

Conservator appointment petition

Must include

caption

The petitioner must submit a separate declaration disclosing pending or concluded proceedings in any jurisdiction that affect the ward or conservatee.

Disclosure of other proceedings required: The petitioner must disclose, by separate declaration, any proceedings, pending or concluded in Santa Cruz County or any other jurisdiction, where orders have been issued or are sought to be issued which in any way affect the ward or conservatee that is the subject of the proceedings in Santa Cruz County.

Applies to

Consent to serve as conservator

A separate consent to serve must be filed for each proposed conservator when the petition seeks appointment of another person.

Where a petition seeks the appointment as conservator of one or more persons other than the petitioner, a consent to serve as conservator must be filed for each proposed conservator.

Applies to

Petition for confirmation of trust assets

Copies of all testamentary instruments must be attached to the petition for confirmation of trust assets.

Copies of all testamentary instruments shall be attached to the petition.

Applies to

Petition for confirmation of trust assets

Copies of pertinent and current title documents for the assets in question must be attached to the petition.

Copies of pertinent and current documents of title to the assets in question shall be attached to the petition.

Applies to

Petition for confirmation of trust assets

The petitioner must obliterate confidential information, including social security numbers, from documents before attaching them to the petition.

Petitioner shall obliterate confidential information such as social security numbers before attaching the document to the petition.

Applies to

Petition under probate code section 850

A petition under Probate Code section 850 must state the names and last known addresses of all parties entitled to notice under section 851.

Any Petition under Probate Code section 850 must state the names and last known addresses of all parties entitled to notice pursuant to Probate Code section 851.

Applies to

Petition under probate code section 850

For a section 850 petition concerning a Bureau of Indian Affairs land lease, notice must include the Bureau of Indian Affairs.

For any Petition under Probate Code section 850 that concerns a lease of land held by the Bureau of Indian Affairs, the parties entitled to notice pursuant to Probate Code section 851(a)(2) shall include the Bureau of Indian Affairs.

Applies to

Petition under probate code section 850

For a section 850 petition concerning an ERISA asset held by a specified institution or financial institution, notice must include the financial institution.

For any Petition under Probate Code section 850 that concerns an asset which is subject to the Employee Retirement Income Security Act (ERISA--29 USC sections 1001 et seq.) and which is held by an institution defined in Probate Code section 2890(c) or by a financial institution defined in Probate Code section 2892(b), the parties entitled to notice pursuant to Probate Code section 851(a)(2) shall include the financial institution.

Applies to

Trustee fee request

Trustee fee requests must be supported by the petition or a separate verified declaration stating the specified service and compensation information.

Requests for trustee fees must be supported in the petition or in a separate verified declaration stating the nature, necessity, success, cost in time, detail of services performed, the value of the services believed to warrant additional fees, and the amount requested.

Applies to

Attorney fee invoice or declaration

Copies of invoices or declarations complying with Business and Professions Code section 6148(b) must be submitted to the court.

Copies of invoices or declarations shall be submitted to the court which comply with the requirements of Business and Professions Code § 6148(b).

Applies to

Consent to serve as trustee

A petition seeking to appoint another person as trustee must be accompanied by a consent-to-serve filing for each proposed trustee.

Where a petition seeks the appointment as trustee of one or more persons other than the petitioner, consent to serve as trustee must be filed for each proposed trustee.

Applies to

Special needs trust approval petition

A petition to approve a special needs trust's terms must be filed in the probate or civil action.

A petition to approve the terms of the special needs trust shall be filed in the probate or civil action.

Applies to

Special needs trust approval petition

The special needs trust approval petition must include the trust's complete proposed terms.

The petition shall include the complete terms of the proposed trust.

Applies to

Fully executed special needs trust instrument and approving order

After approval and signature, copies of the fully executed special needs trust instrument and approving order must be filed in the county where the trust will be administered.

Once so approved and signed, a copy of the fully executed special needs trust instrument and a copy of the order approving the trust shall be filed in the county in which the trust is to be administered pursuant to that county’s procedures.

Applies to

Special needs trust instrument

In Santa Cruz County, a special needs trust must be placed in a separate file with a probate case number assigned.

In Santa Cruz County, the trust shall be filed in a separate file and assigned a probate case number.

Applies to

Special needs trust administration notice

The party filing the special needs trust instrument must file a notice in the civil action or minor's compromise file identifying the administration county and the probate case number assigned to the trust.

The party filing the special needs trust instrument per subsection (2) shall file a notice in the civil action file or the minor’s compromise file indicating the county in which the trust is being administered and the case number assigned to the probate file containing the special needs trust.

Applies to

Memorandum of points and authorities

Every written motion must be supported by points and authorities containing specific facts and a concise statement of law.

All written motions shall be supported by memorandum of points and authorities containing a specific statement of facts and a concise statement of law.

Applies to

In limine motion

Every in limine motion must be in writing.

Motions in Limine: All in limine motions must be in writing.

Applies to

Real property bond motion

A real property bond motion must be accompanied by the application and owner declaration, signed note, recorded deed of trust, current title report, certified appraisal, and lien statements showing present obligations.

The following documents must be submitted with the motion: Application for Real Property Equity Bond and Declaration of Property Owner Signed Promissory Note Certified Copy of the Recorded Deed of Trust Current Lot Book Guarantee (preliminary title report) concerning the property prepared by a recognized California title company. Appraisal of the property by a certified appraiser Statements from any and all mortgage companies having liens against the property, showing the amount of present obligations owed on the property.

Applies to

Expert witness fee application

An expert-witness fee application must include a counsel declaration explaining why the expert is reasonably necessary, with supporting facts rather than conclusory assertions.

A declaration from counsel showing that an expert is reasonably necessary (conclusory statements without supporting facts are insufficient);

Applies to

Expert witness fee application

An expert-witness fee application must include a breakdown of proposed costs, including the hourly fee and number of hours necessary.

A breakdown of the proposed costs, including fee per hour, number of hours necessary, etc.

Applies to

Expert witness fee application

An expert-witness fee application must include local form SUPCR 1127 showing the defendant's inability to pay for the expert.

A financial declaration, using local form SUPCR 1127 Defendant Financial Eligibility Statement for Appointment of Counsel and Reimbursement, of the defendant showing the defendant’s inability to pay for the expert must be completed.

Applies to

Expert witness fee application

The expert-fee declaration must provide sufficient information to permit the County Criminal Defense Conflict Administrator to determine that the proposed fees are reasonable.

The declaration must contain information from which the County Criminal Defense Conflict Administrator may conclude that the proposed fees are reasonable.

Applies to

Expert witness fee application

A conclusory assertion that the proposed hourly rate is reasonable and average is insufficient.

A conclusory statement such as “the proposed fee per hour is reasonable and the average” is not sufficient.

Applies to

Expert witness fee application

An application for an expert located more than 200 miles from the county must state the efforts made to retain a local expert and why an out-of-area expert is necessary.

If an application is for an expert not located within a 200 mile radius of the county, the application must state the efforts made to retain a local expert and why an out-of-area expert is necessary.

Applies to

Expert witness fee application

An application for expert or additional defense fees must attach all prior case applications, regardless of outcome, or include that information in the declaration.

Each application must attach copies of all prior applications in that case, whether granted or denied, or include in the declaration a statement containing this information.

Applies to

Expert witness fee application

An expert- or defense-fee application lacking the required items may be summarily denied.

An application submitted without these required items may be summarily denied.

Applies to

Juvenile court document

Must include

case number

All juvenile court letters, documents, and pleadings must include an identifying case number and name.

All letters, documents and pleadings shall have an identifying case number and name.

Applies to

Juvenile court document

Juvenile court documents generally must display the specified confidentiality warning on their face, except documents filed under Welfare and Institutions Code sections 903.4 and 730.7.

All juvenile court documents and pleadings except documents filed under Welfare & Institutions Code §§ 903.4 and 730.7 must include the following warning on the face of the document: Confidential Document! By Court order, these documents are confidential. If you copy, distribute, or disclose these records, you may be subject to contempt of Court.

Applies to

Juvenile court document

Documents filed or recorded under Welfare and Institutions Code section 903.4 must not name the minor.

Documents filed and/or recorded under Welfare & Institutions Code § 903.4 shall not name the minor in the document.

Applies to

Objection or input

An objection or input must be submitted on Judicial Council form JV-236.

Any objection or input must be made using Judicial Council form Input on Placement in Short-Term Residential Therapeutic Program (JV-236).

Applies to

Declaration of eligibility

Retained counsel without dependency-law practice must complete initial education within sixty days and submit the court-provided Declaration of Eligibility to the dependency court judge.

Retained counsel who has not practiced in dependency law must complete the required initial education within sixty days of their first appearance in a case and complete a Declaration of Eligibility for Representation in Dependency Court form provided by the Santa Cruz Superior Court and submit it to the dependency court judge.

Applies to

Declaration of eligibility

Attorneys must submit the court-provided Declaration of Eligibility to the dependency court judge upon initial appearance and every three years thereafter.

Attorneys must submit proof of compliance by completing a Declaration of Eligibility for Representation in a Dependency Court form provided by the Santa Cruz Superior Court and submit it to the dependency court judge upon initial appearance, and then, every three years.

Applies to

Application and stipulation for order to continue trial and separate declaration

A request for continuance must include local form SUPCV 1013 and a separate declaration.

Local form SUPCV 1013, Application and Stipulation for Order to Continue Trial, and a separate declaration will be required for consideration of a request for continuance.

Applies to

Case management conference statement

After successful mediation, each party must file Judicial Council form CM-110 by the return conference date unless Judicial Council form CIV-110 has already been filed, in which case no appearance is necessary.

At the conclusion of a successful mediation, a return case management conference will be set. No appearance will be necessary if a Request for Dismissal, Judicial Council form CIV-110, has been filed by the return date. Otherwise, each party must file a Case Management Conference Statement, Judicial Council form CM-110, explaining what has transpired since the successful mediation.

Applies to

Mediation brief

The mediation brief's face page must state whether counsel and the person with settlement authority will participate in person or remotely.

Counsel shall specify on the face page of the mediation brief whether counsel and the person with authority to settle the matter will participate in the mediation in person or remotely.

Applies to

Elisor appointment application

Must include

proposed order

A civil or probate application for appointment of an elisor must be filed with a supporting declaration and proposed order.

An application for appointment of an elisor shall be made by filing an application, declaration in support and proposed order.

Applies to

Request for order

An elisor appointment requires a request for order and a supporting declaration.

A court order for the appointment of an elisor must be made by a request for order and a supporting declaration.

Applies to

Supporting declaration

At least one supporting declaration must accompany the request for an elisor appointment.

At least one supporting declaration needs to be filed with the request.

Applies to

Supporting declaration

The supporting declaration must list the exact documents for the elisor to sign, identify the type of any deed, and list escrow documents separately.

Include a list of the exact documents the elisor is being asked to sign. A deed must state the type of deed (i.e. grant deed, interspousal transfer deed, etc.) Escrow documents must be listed separately (i.e. Escrow Instruction Dated…, Disclosure Regarding Real Estate Agency Relationship, Hazards Report, etc.).

Applies to

Supporting declaration

The supporting declaration must describe the good-faith efforts to meet and confer to resolve the issue.

Include a description of the good faith efforts to meet and confer to resolve the issue.

Applies to

Supporting declaration

The supporting declaration must specify facts establishing the necessity of appointing an elisor.

Specify facts establishing the necessity or the appointment of an elisor.

Applies to

Electronically filed document

Signatures on electronically filed documents must comply with California Rule of Court 2.257.

Signatures: California Rule of Court 2.257 should be followed regarding signatures on electronically filed documents.

Applies to

In limine motion

Each in limine motion must address a single subject, and the motions must be numbered consecutively.

Rule 5.1.06 directs that each in limine motion shall be limited to a single subject and the motions shall be numbered consecutively.

Applies to

In limine motion

Each in limine motion must be written, address one subject, and be consecutively numbered.

All in limine motions must be in writing. Each motion shall be limited to a single subject and the motions shall be numbered consecutively.

Applies to

In limine response

Each response must address only the corresponding motion's subject and use the same motion number.

Responses shall address only the subject of the motion and shall be numbered the same as the motions.

Applies to

Trial brief

Trial briefs are mandatory in all civil court and jury trials and must summarize the expected facts and issues to be tried.

Trial briefs are required for all civil court trials and jury trials. Trial briefs shall summarize the facts expected to be presented and the issues to be tried.

Applies to

Compromise claim order

Counsel must prepare the order approving compromise of a minor's claim and fully state the approved payment, attorney's fees and costs, and medical expenses and payees.

The order approving the compromise of the minor's claim shall be prepared by counsel and shall set forth fully the following: The total amount of the payment approved in compromise of the claim. The amount of all attorney's fees and costs to be allowed. The amount of all medical expenses to be paid or reimbursed together with names of the payees.

Applies to

Joint statement

In civil cases, counsel must prepare and lodge a joint statement of pending discovery issues at least five court days before an informal discovery conference.

Rule 2.4.04 Informal Discovery Conference: Civil Cases The Court may conduct informal discovery conferences. The scope and content of the conference is the discretion of the judicial officer or subordinate judicial officer facilitating the conference. The conference will be facilitative in nature. Counsel shall prepare and lodge a Joint Statement as to pending discovery issues at least five (5) court days prior to the informal discovery conference date.

Applies to

Ex parte paperwork

Must include

local rule certificate

A declaration regarding notice must accompany the ex parte paperwork, and Local Form SUPCV 420 is an optional form for that purpose.

A declaration regarding notice must be submitted with the ex parte paperwork. Optional Local Form SUPCV 420 may be used.

Applies to

Order

When an uncontested tentative ruling is adopted in full without modification, the prevailing party must prepare a formal order repeating the ruling's substantive portion verbatim.

When a tentative ruling is uncontested or is adopted in full by the Court as the final ruling after argument, without modification, the prevailing party is required to prepare a formal order repeating verbatim the substantive portion of the ruling.

Applies to

Trial notebook

The required trial notebook consists of the petition, all answers, briefs, motions to be heard at trial, the statement of issues, and any other documents agreed upon by the parties.

The trial notebook must consist of the petition, all answers, the briefs, any motions set to be heard at trial, the statement of issues, and any other documents agreed upon by the parties.

Applies to

Administrative record excerpts

Petitioner, in cooperation with the responding parties, must prepare a collection of key Administrative Record pages for the trial judge.

Petitioner, in cooperation with the responding parties, must prepare a collection of the key Administrative Record for the use of the trial judge.

Applies to

Administrative record excerpts

The Administrative Record collection must include every cited record page and the page immediately before and after each cited page.

The collection shall contain each page of the Administrative Record cited in any of the parties’ briefs, including the page before and the page following the cited page in the Administrative Record.

Applies to

Judicial council forms

Every blank on a Judicial Council form must be answered, using a notation such as “Unk.,” “Est.,” “N/A,” or “None” when applicable rather than leaving the item blank.

All blanks on the forms must be answered. Notations such as "Unk." for Unknown, "Est." for Estimate, "N/A" for Not Applicable, and "None" should be used to avoid leaving any item blank.

Applies to

Initial pleading

Must include

notice of status conference

For specified family-law initial petitions other than those filed by the Department of Child Support Services, the Clerk must append a Notice of Status Conference stating the conference date, time, and place to the initial pleading.

At the time a Petition for Dissolution, Petition for Nullity, Petition for Legal Separation, Petition for Dissolution/Nullity/Legal Separation of Domestic Partnership, Petition for Custody and Support of Minor Children or a Petition to Determine Parental Relationship (other than filed by the Department of Child Support Services) is filed, the Clerk shall append to the initial pleading a document entitled Notice of Status Conference stating the DATE, TIME and PLACE of the status conference.

Applies to

Status conference statement

The parties must complete the SUPFL 1034 Status Conference Statement, which may be filed jointly, and file it no later than 10 days before the status conference date.

The parties must complete the Status Conference Statement – Family Law, local form SUPFL 1034, to inform the court of the progress they have made in their case. The form may be filed jointly. This must be filed no later than 10 days before the court date.

Applies to

Status conference statement

When only one party seeks a status-conference continuance, both parties must complete the SUPFL 1034 Status Conference Statement and file it no later than 10 days before the court date.

If one party wants to continue the status conference date and the other party does not, then both parties must complete the Status Conference Statement – Family Law, local form SUPFL 1034 to inform the Court of the progress they have made in their case. This must be filed no later than 10 days before the court date.

Applies to

Settlement conference statement

The quote identifies information relevant to deciding questions of income but does not specify who must provide it or when.

Any and all information to assist in deciding questions of income.

Applies to

Settlement conference statement

The settlement conference statement must include an XSpouse calculation run within the preceding 30 days, but the court may excuse self-represented litigants from this requirement.

A proposed XSpouse calculation run in the last 30 days. The court may exercise its discretion in not enforcing this requirement for self-represented litigants.

Applies to

Confidential mediation brief

Counsel must prepare and lodge a confidential mediation brief at least seven court days before mediation.

Counsel shall prepare and lodge a confidential mediation brief at least seven (7) court days prior to the mediation date.

Applies to

Trial brief

Unless the court states otherwise, a trial brief is required for an evidentiary hearing longer than one and one-half hours.

Unless the Court states otherwise, trial briefs are required for any evidentiary hearing greater than 1 and ½ hours in length.

Applies to

Ex parte motion

Must include

local rule certificate

A request for temporary emergency ex parte orders must include Judicial Council form FL-303.

The attorney or self-represented party requesting ex parte orders must submit Judicial Council form Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders, FL-303 along with other moving papers.

Applies to

Ex parte motion

Ex parte moving papers must disclose any change in the status quo resulting from the requested order and whether orders regarding the same issue are already in effect.

THERE IS AN ABSOLUTE DUTY TO DISCLOSE IN YOUR MOVING PAPERS BOTH (1) THE FACT THAT A REQUESTED EX PARTE ORDER WILL RESULT IN A CHANGE OF STATUS QUO AND/OR (2) WHETHER ORDERS ARE ALREADY IN EFFECT REGARDING THE SAME ISSUE.

Applies to

Electronically filed ex parte request

An electronically filed ex parte request must include three availability dates covering a possible order-shortening period of no more than 21 days and a denied-order period of no less than 30 days.

If you electronically file your ex parte request, you must include availability dates with your ex parte request. Include three dates both to cover an order shortening time (no more than 21 days) and a denied order shortening time (no less than 30 days).

Applies to

Service by publication or posting request

A request for publication or posting service requires the specified Judicial Council forms FL-980, FL-982, and, when needed, FL-985.

To request service by publication or posting, the petitioner must follow the instructions, complete and submit to the Court the following Judicial Council forms; Application for Order for Publication or Posting (FL-980), Order for Publication or Posting (FL-982), and when needed Proof of Service by Posting (FL-985).

Applies to

Declaration of counsel for a child regarding qualifications

Appointed counsel for a minor child must file the FL-322 declaration indicating compliance with all requirements within 10 days after appointment and before beginning work on the case.

If the family court appoints counsel for a minor child, the appointed attorney must file the Judicial Council form Declaration of Counsel for a Child Regarding Qualifications (FL-322) with the court indicating compliance with all requirements, including education requirements, no later than 10 days after being appointed and before beginning work on the case.

Applies to

Trial brief

Trial briefs must include a factual statement, contested issues, relevant points and authorities, witness details and examination estimates, an exhibit list, and a trial-time estimate.

The trial brief must contain the following: A complete and concise factual statement of the case; A complete and concise statement of the contested issues; Any points and authorities relevant to a particular contested issue; A list of witnesses that shall include the witness’ name and business address, a brief statement of the substance of the witness’ testimony, and a time estimate for direct and cross-examination; A list of exhibits to be offered at trial; and A reasonable and accurate time estimate for trial.

Applies to

Petition or status report

Must include

notice of hearing

A Notice of Hearing on the mandatory Judicial Council form must be submitted when the petition or status report is filed.

A Notice of Hearing on the mandatory Judicial Council form must be submitted at the time of filing of the petition or status report.

Applies to

Proposed order

Must include

proposed order

Except for confirmation-of-sales matters and contested matters, counsel must submit a proposed order and any proposed letters no later than five court days before the hearing.

Proposed Orders and Letters: Except in the case of confirmation of sales and contested matters, counsel shall submit the order, and any proposed letters, not later than the fifth court day prior to the hearing date.

Applies to

Supporting documents and proposed order

Must include

proposed order

Supporting documents and a proposed order must be submitted at least five court days before the hearing.

All supporting documents and a proposed order must be submitted at least five (5) court days prior to the hearing.

Applies to

Petition for probate of lost will

A petition for probate of a lost will must state on its face that the will is lost, and both published and mailed notice must state the same.

Petitions for Probate of Lost Wills, Judicial Council form DE-111, must clearly state on their face that the will is lost and both the published and mailed notice must so state.

Applies to

Petition for probate

When no copy of the will exists, the Petition for Probate must include a written statement of the testamentary words or their substance.

In those cases where there is no copy of the will, the Petition for Probate, shall include a written statement of the testamentary words or their substance.

Applies to

Attachment 8

Attachment 8 must clearly identify lineal descendants' relationship to predeceased heirs and beneficiaries.

Attachment 8 must clearly identify the relationship of lineal descendants to predeceased heirs and beneficiaries.

Applies to

Executor declination

A nominated executor who declines to act must file a signed declination before the hearing date.

If a nominated executor declines to act, a signed declination must be filed prior to the hearing date.

Applies to

Petition for probate

The Judicial Council DE-147 Duties and Liabilities of Personal Representative form must be filed before the Probate Petition hearing.

Duties and Liabilities of Personal Representative, Judicial Council from DE-147, must be filed with the Court before the hearing of the Petition for Probate.

Applies to

Petition for probate

A consent to serve must be filed for each proposed personal representative when the petition seeks appointment of persons other than the petitioner.

Where a petition seeks the appointment as personal representative of one or more persons other than the petitioner, consent to serve as personal representative must be filed for each proposed personal representative.

Applies to

Petition for probate

The Notice of Petition to Administer Estate, Judicial Council form DE-121, must be filed with the Petition for Probate, Judicial Council form DE-111.

The Notice of Petition to Administer Estate, Judicial Council form DE-121, must be filed with the Petition for Probate, Judicial Council form DE-111.

Applies to

Petition for probate

If there were no known heirs or qualifying predeceased-spouse heirs, a declaration must be filed stating the basis and heir-location efforts.

If the decedent had no known heirs, or heirs of a predeceased spouse pursuant to Probate Code § 6402.5, a declaration to that effect shall be filed setting forth the basis for the declaration and the efforts made to locate any heirs.

Applies to

Inventory and appraisal

The Inventory and Appraisal, Judicial Council form DE-160, must be filed within four months after Letters are issued to the general Personal Representative.

An Inventory and Appraisal, Judicial Council form DE-160, must be filed within four months from when Letters are issued to the general Personal Representative.

Applies to

Petition for confirmation of sale

A petition for confirmation of sale must have a copy of the contract of sale attached.

A copy of the contract of sale shall be attached to the petition for confirmation of sale.

Applies to

Petition for confirmation of sale

When an estate owns only a fractional interest in real property, the sale petition must state whether the sale depends on closing 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 is conditioned upon closing of a sale of the un-owned fraction.

Applies to

Petition for confirmation of sale

When selling the whole real-property parcel, the petition must list only the estate's fractional interest and that interest's value for calculating the overbid.

If the whole parcel is being sold, only the fractional interest and its value shall be listed on the petition and used to calculate the overbid.

Applies to

Ex petite distribution petition

An ex parte distribution petition must state the justification for the urgent action required by California Rule of Court 3.1201.

Ex parte petitions for distribution must set forth the justification for such urgent action as required under California Rule of Court 3.1201.

Applies to

Distribution petition

Preliminary and final distribution petitions, whether accounting is included, must list and describe distributed property in detail and may not merely reference the will or inventory.

Property to be distributed shall be listed and described in detail; description by reference to the will or inventory is not acceptable. This applies to preliminary and final distributions with or without an accounting.

Applies to

Distribution decree

A distribution involving real property must include the legal description and assessor's parcel number in the decree body or in an incorporated attachment.

If the distribution includes any interest in real property, the legal description, including the assessor’s parcel number, must be included in the body of the decree or in an attachment incorporated by reference.

Applies to

Final distribution petition

A final distribution petition must fully explain when specifically bequeathed property no longer exists.

If specifically bequeathed property is not in existence at the time of final distribution, the petition shall set forth a full explanation concerning that fact.

Applies to

Final distribution petition

The final distribution petition must list the names and present addresses of all persons entitled to receive estate property.

The names and present addresses of all persons entitled to receive property of the estate must appear in the petition for final distribution.

Applies to

Final discharge order

The order portion of Judicial Council form DE-295 must be completed in full, except that the date and judge's name may be omitted.

The "order" portion of the Judicial Council form DE-295, Ex Parte Petition for Final Discharge and Order shall be completed in full except for the date and name of the judge.

Applies to

Removal petition

Must include

proposed order

A petition for removal must include a proposed order directing the clerk to issue a citation.

With the petition for removal, the petitioner shall submit a proposed order directing the clerk to issue a citation.

Applies to

Removal citation

The petitioner must also submit a citation requiring the personal representative to appear personally and show cause why removal should not be granted and the letters should not be revoked.

The petitioner shall also submit the citation requiring the representative to appear personally and to show cause why the petition for removal should not be granted and letters revoked.

Applies to

Extraordinary compensation request

A request for extraordinary compensation exceeding the specified Local Rule amounts, when statutory compensation exceeds $20,000, must include a declaration outlining all ordinary and extraordinary services.

Whenever statutory compensation exceeds $20,000 and the attorney or personal representative requests extraordinary compensation that exceeds the amounts of Local Rule 4.2.15 subsection (e) or (f) above, the request must be supported with a declaration that outlines all the ordinary and extraordinary services that were provided.

Applies to

Temporary conservator or guardian petition

A temporary conservator or guardian petition must state facts establishing the urgency for appointment.

The petition must state facts establishing the urgency requiring the appointment of the conservator or guardian (e.g., situations requiring immediate action to protect the health, welfare or the estate of the proposed conservatee/ward).

Applies to

Petition to expend funds

A petition to expend funds must be submitted separately and include a detailed explanation with financial statements showing the parents’ inability to support the child.

(Probate Code § 2422). A petition for authority to expend such funds must be presented in a separate petition, containing a detailed explanation, including financial statements, of the parents’ inability to support the child.

Applies to

Inventory and appraisal

Conservatorship and guardianship-of-the-estate cases must file Judicial Council form GC-040, even when relief from accounting requirements is sought.

An Inventory and Appraisal, Judicial Council form GC-040, shall be filed in all cases where there is a conservatorship or guardianship of the estate, even in a case where relief from the requirement of filing accountings may be sought under Probate Code § 2628.

Applies to

Inventory

An inventory must identify the absence of assets in the fiduciary’s hands and identify who possesses any assets.

When there are no assets in the hands of the fiduciary, the inventory shall so indicate and state who has possession of any assets.

Applies to

Inventory

For multiple minors, the inventory must separately state each minor’s interests, and separate accounting schedules must identify each estate’s receipts, disbursements, and assets.

When a guardianship of the estate has been instituted for more than one minor, the interests of each minor must be separately stated in the inventory and separate accounting schedules must be presented so that the receipts, disbursements and assets pertaining to each minor's estate are readily ascertainable.

Applies to

Successor conservator guardian petition

A successor conservator or guardian petition must use the same Judicial Council form specified for an initial petition: GC-210, GC-210(P), or GC-310.

The petition for a successor conservator/guardian shall be submitted on the same form approved by the Judicial Council for initial petitions; GC-210, GC-210(P), GC-310.

Applies to

Accounting report

The report accompanying an account must state the ward’s age, health, and present address.

A statement of the age, health, and the present address of the ward.

Applies to

Accounting report

If inventoried income-producing property is not identified as producing income, the accounting report must explain the omission or circumstance.

If income producing property is inventoried in the guardianship and the account fails to indicate that income is being produced by the property, an explanation must appear in the report;

Applies to

Accounting report

The accounting report must state whether covered real property was rented or leased to a court employee or a related person with guardianship duties.

Whether any real property has been rented or leased to any court employee, or any person related by blood or marriage to a court employee, who has duties or responsibilities related to the appointment of a guardian or the processing of any documents related to a guardian;

Applies to

Accounting report

The accounting report must state whether covered personal property was privately sold, rented, or leased to a court employee with guardianship duties.

Whether any personal property has been sold at a private sale, rented or leased to any court employee, who has duties or responsibilities related to the appointment of a guardian or any processing of any documents related to a guardian;

Applies to

Waiver of accounts petition

A petition requesting waiver of an accounting must state whether the conservatee or minor over age 12 is aware of and agrees to the request.

The petition must allege whether the conservatee or minor (over the age of 12) is aware of the request and agrees to the waiver.

Applies to

Order dispensing with accounts

If the court approves a petition dispensing with accounts, the order must expressly state that no further account filings are required until Probate Code § 2628(a) ceases to apply.

If the conditions of Probate Code § 2628 are satisfied and the Court approves the petition to dispense with the accounting, no further filings of accounts will be necessary until such time as the provisions of Probate Code § 2628(a) are no longer applicable. This must be explicitly set forth in the order.

Applies to

Conservatorship account report

A report accompanying a conservatorship account must include the conservatee's present address, explanations for unreported income from income-producing property, and disclosures concerning court employees, financial interests, and family or affiliate transactions.

In addition to the contents required by Probate Code § 1064, the report accompanying a conservatorship account must contain the following: The present address of the conservatee; If income producing property is inventoried in the conservatorship and the account fails to indicate that income is being produced by the property, an explanation must appear in the report; Whether any real property has been rented or leased to any court employee, or any person related by blood or marriage to a court employee, who has duties or responsibilities related to the appointment of a conservator or the processing of any documents related to a conservator; Whether any personal property has been sold at a private sale, rented or leased to any court employee, or any person related by blood or marriage to a court employee, who has duties or responsibilities related to the appointment of a conservator or any documents related to a conservator; Whether the conservator, in exercising their duties, has hired or referred any business to an entity in which they have a financial interest as defined in Probate Code § 2351, subdivision (d) or Probate Code § 2401, subdivision (c); and Whether the conservator has sold, leased, or rented any real or personal property to any person with whom the conservator has a family or affiliate relationship as defined in Probate Code § 2403, subdivision (c)(2).

Applies to

Guardian final discharge

A guardian's final discharge requires a separate Petition and Order for Final Discharge using Judicial Council form GC-395, submitted with the former minor's executed receipt, and the petition must state the date the minor reached majority.

A separate Petition and Order for Final Discharge, Judicial Council form GC-395, must be submitted together with the receipt executed by the former minor. The petition must state the date on which the minor reached majority.

Applies to

Petition to appoint a conservator

A private professional conservator's petition for appointment must include the conservator's California registration number and registration date.

Any petition to appoint a conservator filed by a private professional conservator must include State of California registration numbers and the date of registration.

Applies to

Separate declaration

The petitioner must disclose pending or concluded proceedings in a separate declaration.

Disclosure of other proceedings required: The petitioner must disclose, by separate declaration, any proceedings, pending or concluded in Santa Cruz County or any other

Applies to

Trustee compensation request

A trustee-fee request must be supported either in the petition or by a separate verified declaration containing the specified compensation information.

Requests for trustee fees must be supported in the petition or in a separate verified declaration stating the nature, necessity, success, cost in time, detail of services performed, the value of the services believed to warrant additional fees, and the amount requested.

Applies to

Accounting

An accounting supporting a trustee-fee request based on the one-percent guideline must include a second column stating each trust asset's fair market value beside its carry value.

Trustees who base their requests for compensation on this guideline shall include a second column in the accounting which shall indicate the fair market value of each trust asset next to the carry value.

Applies to

Attorney fee invoices or declarations

Copies of invoices or declarations complying with Business and Professions Code section 6148(b) must be submitted to the court for trustee attorney-fee compensation.

Copies of invoices or declarations shall be submitted to the court which comply with the requirements of Business and Professions Code § 6148(b).

Applies to

Consent to serve as trustee

A petition seeking appointment of another person as trustee must be accompanied by a consent-to-serve filing for each proposed trustee.

Where a petition seeks the appointment as trustee of one or more persons other than the petitioner, consent to serve as trustee must be filed for each proposed trustee.

Applies to

Special needs trust approval petition

A petition to approve a special needs trust must be filed in the probate or civil action and include the complete proposed trust terms.

A petition to approve the terms of the special needs trust shall be filed in the probate or civil action. The petition shall include the complete terms of the proposed trust.

Applies to

Special needs trust instrument and approval order

After approval and signature, the fully executed trust instrument and approving order must be filed in the county where the trust will be administered.

Once so approved and signed, a copy of the fully executed special needs trust instrument and a copy of the order approving the trust shall be filed in the county in which the trust is to be administered pursuant to that county’s procedures.

Applies to

Special needs trust

A special needs trust filed in Santa Cruz County must be placed in a separate file with a probate case number.

In Santa Cruz County, the trust shall be filed in a separate file and assigned a probate case number.

Applies to

Notice of trust administration

The party filing a special needs trust instrument must file a notice in the civil action or minor’s compromise file identifying the administration county and probate case number.

The party filing the special needs trust instrument per subsection (2) shall file a notice in the civil action file or the minor’s compromise file indicating the county in which the trust is being administered and the case number assigned to the probate file containing the special needs trust.

Applies to

Special needs trust accounting

Every special needs trust accounting must explain unusual or extraordinary expenses incurred for the beneficiary.

In all accountings for special needs trusts, the trustee shall provide an explanation of any unusual or extraordinary expenses incurred by the trustee on behalf of the beneficiary.

Applies to

Special needs trust report or accounting

A report or accounting seeking approval of an agent’s payment must identify the services and need and include the agent’s declaration of hours and compensation sought.

A trustee hiring such an agent shall specify in any report or accounting seeking approval of payment to said agent the type of and need for the services provided by the agent. The trustee shall also include a declaration from the agent concerning the hours spent working with the trustee and the amount of compensation sought.

Applies to

Special needs trust report or accounting

An account or report stating that a parent provides caregiver services must include the listed information about services, qualifications, benefits, hours, rate, IHSS, and insurance.

In an account or report indicating that a parent was hired to provide caregiver services to their child, the trustee shall provide the following information:

Applies to

Conservatorship compensation petition

A conservator seeking payment from a trust for the conservatee’s benefit must first seek approval in the conservatorship matter.

If a conservatee is also the beneficiary of a trust and the compensation of a conservator of the person or estate, or their attorney, is sought from the trust in part or in whole, the conservator shall first seek approval of the compensation in the conservatorship matter.

Applies to

Conservatorship compensation petition

The conservatorship compensation petition must include a trustee declaration stating whether the trust has sufficient funds to pay the compensation sought.

The petition shall include a declaration by the trustee as to whether there are sufficient funds in the trust to allow for the compensation sought.

Applies to

Written motion

Every written motion must be supported by a memorandum of points and authorities containing a specific statement of facts and a concise statement of law.

All written motions shall be supported by memorandum of points and authorities containing a specific statement of facts and a concise statement of law.

Applies to

Motion

When transcript review is necessary, the pertinent testimony must be summarized with specific page and line references.

Where the review of a transcript is necessary, the pertinent transcript testimony must be summarized with a specific page and line reference cited.

Applies to

Proposed jury instructions

Proposed jury instructions must comply with California Rule of Court 2.1055.

The instructions must comply with California Rule of Court 2.1055.

Applies to

Real property bond motion

The motion must be accompanied by an Application for Real Property Equity Bond and Declaration of Property Owner.

The following documents must be submitted with the motion: Application for Real Property Equity Bond and Declaration of Property Owner

Applies to

Real property bond motion

The motion must be accompanied by a signed promissory note.

The following documents must be submitted with the motion: Signed Promissory Note

Applies to

Real property bond motion

The motion must be accompanied by a certified copy of the recorded deed of trust.

The following documents must be submitted with the motion: Certified Copy of the Recorded Deed of Trust

Applies to

Real property bond motion

The motion must be accompanied by a current lot book guarantee or preliminary title report concerning the property prepared by a recognized California title company.

The following documents must be submitted with the motion: Current Lot Book Guarantee (preliminary title report) concerning the property prepared by a recognized California title company.

Applies to

Real property bond motion

The motion must be accompanied by an appraisal of the property prepared by a certified appraiser.

The following documents must be submitted with the motion: Appraisal of the property by a certified appraiser

Applies to

Real property bond motion

The motion must be accompanied by statements from every mortgage company with a lien against the property showing the present obligations owed.

The following documents must be submitted with the motion: Statements from any and all mortgage companies having liens against the property, showing the amount of present obligations owed on the property.

Applies to

Order to calendar

An order-to-calendar request must use local court form SUPCR 205 and be filed at least five court days before the requested hearing.

A request for order to set a hearing on calendar shall be made using local court form SUPCR 205 Request and Order to Calendar Case and shall be completed to allow a minimum of five court days between the date it is filed with the clerk’s office and the date of the requested hearing.

Applies to

Juvenile court document

All juvenile-court letters, documents, and pleadings must include an identifying case number and name.

All letters, documents and pleadings shall have an identifying case number and name.

Applies to

Juvenile court document

Juvenile-court documents generally must display the specified confidentiality warning, except documents filed under Welfare & Institutions Code §§ 903.4 and 730.7.

All juvenile court documents and pleadings except documents filed under Welfare & Institutions Code §§ 903.4 and 730.7 must include the following warning on the face of the document: Confidential Document! By Court order, these documents are confidential. If you copy, distribute, or disclose these records, you may be subject to contempt of Court.

Applies to

Pleading

An original pleading must be submitted separately for each individual juvenile-court file.

Original pleadings must be submitted for each individual file.

Applies to

Objection or input

An objection or input must use Judicial Council form JV-236, titled Input on Placement in Short-Term Residential Therapeutic Program.

Any objection or input must be made using Judicial Council form Input on Placement in Short-Term Residential Therapeutic Program (JV-236).

Applies to

Mediation brief

Counsel must prepare and lodge a confidential mediation brief at least five court days before mediation.

Counsel shall prepare and lodge a confidential mediation brief at least five court days prior to the mediation date.

Applies to

Mediation brief

The mediation brief's face page must state whether counsel and the settlement decision-maker will participate in person or remotely.

Counsel shall specify on the face page of the mediation brief whether counsel and the person with authority to settle the matter will participate in the mediation in person or remotely.

Applies to

Request for court proceeding to be transcribed

Request for Court Proceeding to Be Transcribed, form SUPAD 347, is mandatory in Administration cases.

REQUEST FOR COURT PROCEEDING TO SUPAD 347 Mandatory 10/23 Administration

Applies to

Family law status report

Statement - Family Law Status Report, form SUPFL 1034, is mandatory in Family Law cases.

STATEMENT - SUPFL 1034 Mandatory 1/24 Family Law FAMILY LAW STATUS REPORT

Applies to

Stipulation and order for continuance of settlement conference

Stipulation and Order for Continuance of Settlement Conference, form SUPFL 501, is mandatory in Family Law cases.

STIPULATION AND ORDER FOR CONTINUNACE OF SUPFL 501 Mandatory 1/24 Family Law SETTLEMENT CONFERENCE

Applies to

Stipulation and order requesting voluntary settlement conference

Stipulation and Order Requesting Voluntary Settlement Conference, form SUPFL 500, is mandatory in Family Law cases.

STIPULATION AND ORDER REQUESTING VOLUNTARY SUPFL 500 Mandatory 1/24 Family Law SETTLEMENT CONFERENCE

Applies to

Veterans court assessment referral packet

Veteran’s Court Assessment Referral Packet, form SUPCR 1138, is mandatory in Criminal cases.

VETERAN’S COURT ASSESSMENT REFERRAL SUPCR 1138 Mandatory 1/22 Criminal PACKET

Applies to

Veterans treatment program instructions

Veteran’s Treatment Program Instructions, form SUPCR 1139, are mandatory in Criminal cases.

VETERAN’S TREATMENT PROGRAM SUPCR 1139 Mandatory 1/22 Criminal INSTRUCTIONS

Applies to

Waiver of defendants personal appearance

Waiver of Defendant’s Personal Appearance, form SUPTMV 060, is mandatory in Criminal cases.

WAIVER OF DEFENDANT’S PERSONAL SUPTMV 060 Mandatory 10/20 Criminal APPEARANCE

Applies to

Evidence

At trial or an evidentiary hearing, a party must ask the court to admit its documents into evidence.

At the trial or evidentiary hearing, parties will need to address the court regarding their documents and ask that items be moved into evidence for consideration.

Applies to

Preliminary approval motion

A preliminary-approval motion should state the proposed class definition or the definition of an already certified class.

A motion for preliminary approval of a class wide settlement should set forth the proposed class definition or the definition of the class that already has been certified.

Applies to

Preliminary approval motion

A preliminary-approval motion should estimate the number of persons in the class.

It should provide an estimate of the number of persons included in the class.

Applies to

Preliminary approval motion

A preliminary-approval motion should list the operative complaint's causes of action and describe the legal and factual basis for the claims.

The motion should list the causes of action alleged in the operative complaint and describe the legal and factual basis for the claims.

Applies to

Preliminary approval motion

A preliminary-approval motion should summarize proposed class counsel's investigation and discovery and estimate the nature and amount of potential class recovery if the claims prevailed.

The motion should summarize the investigation and discovery conducted by proposed class counsel and should include a reasonable estimate of the nature and amount of recovery that could be obtained on behalf of the class if plaintiffs.' claims prevailed.

Applies to

Preliminary approval motion

A preliminary-approval motion should explain why the settlement was negotiated at arm's length and is not collusive.

The motion should explain why a court should find that the proposed settlement was negotiated at arms-length and is not collusive.

Applies to

Preliminary approval motion

A preliminary-approval motion should explain why the proposed compromise is fair, adequate, reasonable, and equitable relative to class members in light of litigation costs, risks, and prospects of success.

The motion should set forth the reasons why the court should find that the proposed settlement compromise is fair, adequate and reasonable, and treats class members equitably relative to each other, given the costs, risks and probability of success if the litigation continued.

Applies to

Preliminary approval motion

A preliminary-approval motion should describe the proposed settlement terms and cite the settlement-agreement paragraph governing each described item.

The motion should describe the proposed terms of the settlement including the following, with citation to the paragraph of the settlement agreement governing each item:

Applies to

Preliminary approval motion

A preliminary-approval motion should describe the nature of any injunctive relief and cite the governing settlement-agreement paragraph.

(1) The nature of any injunctive relief;

Applies to

Preliminary approval motion

A preliminary-approval motion should describe the amount and distribution method for class compensation, including each class member's amount or estimated recovery.

(2) The amount and manner of distribution of the compensation to be provided to class members, including the amount, or an estimate, of what each class member will receive;

Applies to

Preliminary approval motion

A preliminary-approval motion should state whether and when settlement funds might go unpaid to class members or revert to the defendant.

(3) Whether, and under what circumstances, amounts available for payment in settlement might not be paid to class members or might revert to the defendant;

Applies to

Preliminary approval motion

A preliminary-approval motion should describe the scope of the class members' claims release.

( 4) The scope of the release of class members' claims;

Applies to

Preliminary approval motion

A preliminary-approval motion should describe any provision governing the tax treatment of settlement amounts.

(5) Any provision for tax treatment of settlement amounts; and

Applies to

Preliminary approval motion

A preliminary-approval motion should state any affirmative obligations of class members or class counsel and explain the reasons for them.

(6) A statement of any affirmative obligations to be undertaken by class members or class counsel and the reasons for any such obligations.

Applies to

Preliminary approval motion

When compensation requires claims, a preliminary-approval motion should explain why class-member information is needed and estimate the anticipated claims rate.

If the proposed settlement requires class members to submit a claim in order to receive compensation, the motion should set forth the reasons why information is required to be furnished by class members in order to obtain recovery and an estimate of the anticipated claims rate.

Applies to

Preliminary approval motion

A preliminary-approval motion for a claims-based settlement should describe class counsel's actions to encourage claim submissions.

The motion should describe actions to be undertaken by class counsel to encourage submission of claims.

Applies to

Preliminary approval motion

For coupon or voucher compensation, a preliminary-approval motion should describe its use terms and conditions and state whether it is transferable.

If compensation to class members includes a coupon or voucher, the motion should describe the terms and conditions of use of the coupon or voucher and whether or not it is transferrable.

Applies to

Preliminary approval motion

A preliminary-approval motion involving a cy pres distribution should explain why the distribution fulfills the lawsuit's purposes.

If the proposed settlement includes a cy pres distribution, the motion should set forth the reasons why such distribution fulfills the purposes of the lawsuit.

Applies to

Preliminary approval motion

A preliminary-approval motion involving a cy pres distribution should include a declaration describing the recipient, proposed uses, and financial accountability, plus a declaration disclosing counsel's or a party's interests or involvement in the recipient's governance or work.

The motion should be accompanied by (1) a declaration describing the proposed cy pres recipient, the proposed uses of the cy pres distribution, information sufficient to conclude that the recipient will be financially accountable for the funds, and (2) a declaration disclosing any interests or involvement by counselor any Party in the governance or work of the cy pres recipient.

Applies to

Preliminary approval motion

A preliminary-approval motion involving a cy pres distribution should identify the settlement provisions directing unpaid settlement amounts to an appropriate cy pres recipient.

The motion should identify the provisions of the settlement ensuring that amounts agreed to be paid in settlement that are not in fact paid are distributed to an appropriate cy pres recipient.

Applies to

Preliminary approval motion

A preliminary-approval motion should include a class-notice statement conforming to the cited California rules and explain why the notice method complies.

The motion should include a "Statement regarding class notice" in conformance with California Rule of Court 3. 766(b) and should state why the manner of giving notice complies with CRC 3.776(e)-(f).

Applies to

Class notice

The class notice should comply with the cited rule and state the settlement's material terms, proposed fees and administration costs, approval-hearing and objection details, and how to obtain more information.

The content of the notice should comply with CRC 3.766(d) and in addition should set forth: (1) the material terms of the settlement, (2) the proposed fees and costs of administration, (3) details about the court hearing on settlement approval and submission of objections, and (4) how the class member can obtain additional information.

Applies to

Preliminary approval motion

A preliminary-approval motion should explain the named representative's typicality and adequacy and why proposed class counsel adequately represents the class, including counsel's experience.

The motion should set forth (1) the reasons why the named class representative has claims typical of the class and is an adequate class representative; and (2) the reasons why the proposed class counsel adequately represents the class and a description of counsel's experience.

Applies to

Preliminary approval motion

A motion for preliminary approval should state proposed class-counsel fees, payment methods, preliminary justification, any fee agreement in full, and all proposed counsel fees.

(1) The proposed fees to be paid to class counsel, the manner of payment and a preliminary Justification under existing case law for such fees. Any agreement, express or implied, that has been entered into with respect to the payment of attorneys' fees or the submission of an application for the approval of attorneys' fees must be set forth in full. All fees proposed to be paid to any counsel must be disclosed.

Applies to

Preliminary approval motion

A motion for preliminary approval should identify any proposed incentive payment to a named class representative and justify the payment.

(2) Any proposed incentive payment to a named class representative and the justification for such payment.

Applies to

Preliminary approval motion

A motion for preliminary approval should provide an estimate of administrative costs, explain their reasonableness, and propose how they will be paid.

(3) An estimate of costs of administration, why such costs are reasonable and the proposed means for payment of administrative costs.

Applies to

Preliminary approval motion

A motion for preliminary approval should include a complete copy of the proposed settlement agreement as an exhibit.

A motion for preliminary approval of a class wide settlement should include thefollowing exhibits: (1) A complete copy of the proposed settlement agreement.

Applies to

Preliminary approval motion

A motion for preliminary approval should include a proof copy of the proposed class notice complying with CRC 3.766 and any envelope used to send the notice.

(2) A proof copy version of the proposed notice to the class, prepared incompliance with CRC 3.766, and any envelope to be used to send the notice.

Applies to

Preliminary approval motion

A motion for preliminary approval should include a proof copy of any proposed claim form as an exhibit.

(3) A proof copy version of any proposed claim form.

Applies to

Preliminary approval motion

A motion for preliminary approval should include a proof copy of any form class members may use to request exclusion from the class.

(4) A proof copy version of any form a class member may use to request exclusion from the class.

Applies to

Preliminary approval motion

A motion for preliminary approval should include a proposed schedule for class notice, objections, opt-outs, claim submissions, final-approval motions, and attorneys' fee motions.

(5) A proposed schedule for class notice, objection, opt-out, claim submission, motion for final approval and motion for attorneys' fees.

Applies to

Preliminary approval motion

The moving parties should include additional information relevant to the settlement's fairness, adequacy, and reasonableness, and the court may require additional information to ensure an adequate fairness review.

The moving parties should include any additional information that may be relevant to review of the fairness, adequacy and reasonableness of the proposed settlement. The court may require submission of additional information as appropriate to ensure an adequate review of the fairness of the proposed settlement.

Applies to

Motion for final approval

A motion for final approval should attach copies of the preliminary-approval motion and the order granting preliminary approval as exhibits.

A motion for final approval of a class settlement should attach as exhibits (1) a copy of the motion for preliminary approval, and (2) a copy of the court's order granting preliminary approval.

Applies to

Motion for final approval

The motion for final approval should include information about settlement administration supported by declarations.

The motion should include the following information concerning settlement administration, supported by declarations:

Applies to

Motion for final approval

The motion should explain how notice was given, including information about undeliverable notices, efforts to locate class members' contact information, and any variance from the court-ordered notice process.

(1) How notice in fact was given, including, (i) information concerning any undeliverable notices and efforts undertaken to locate class members' contact information, and (ii) and an explanation of any variance from the notice process ordered by the court.

Applies to

Motion for final approval

The motion should state the number of class members who opted out and attach an exhibit listing their names.

(2) The number of class members who have opted out, with an exhibit listing the names of class members who opted out.

Applies to

Motion for final approval

The motion should state the number of objecting class members, summarize their objections, and attach copies of all objections as an exhibit.

(3) The number of class members who have objected and a summary of the objections. Copies of all objections should be filed as an exhibit to the motion.

Applies to

Motion for final approval

If class members had to submit claims for compensation, the motion should state the number of claims submitted and estimate the amount payable under those claims.

(4) If class members were required to submit claims to receive compensation, a statement of the number of claims submitted and an estimate of the amount to be paid to class members pursuant to such claims.

Applies to

Motion for final approval

The motion should explain why the settlement is fair, adequate, reasonable, and equitable among class members, and respond to any objections.

The motion should discuss why the settlement is fair, adequate and reasonable and treats class members equitable relative to each other. The motion should respond to any class members' objections to the settlement.

Applies to

Motion for final approval

The motion should include a lodestar calculation, supporting evidence, case-law justification for the requested fees and any multiplier, and disclosure of all fees proposed for counsel.

With respect to attorneys' fees, the motion should include a lodestar calculation and supporting evidence, and a justification under existing case law for the fees sought by proposed class counsel, including a justification for any multiplier sought. All fees proposed to be paid to any counsel must be disclosed.

Applies to

Motion for final approval

The motion should include a declaration supporting the reasonableness of the costs sought in accordance with the cited provision.

With respect to costs, the motion should include a declaration supporting the reasonableness of amounts sought in accordance with Code of Civil Procedure section l033 .5(c).

Applies to

Motion for final approval

If an incentive payment is proposed for a named class representative, the motion should include that representative's declaration explaining the effort involved.

If the settlement includes any proposed incentive payment to a named class representative, the motion should include a declaration of the named representative, explaining the effort

Applies to

Initial pleading

At filing, the clerk must append a notice titled "CASE MANAGEMENT PROGRAM INFORMATION AND SETTING" to the initial pleading, stating the case-management status, the parties' duty to know the California Rules of Court, and the first conference's date, time, and place.

At the time the case is filed, the clerk shall append to the initial pleading a document entitled "CASE MANAGEMENT PROGRAM INFORMATION AND SETTING" stating that the case is in the Case Management Program, that it is the duty of each party to be familiar with the California Rules of Court, and the DATE, TIME and PLACE of the first case management conference.

Applies to

In limine motion

Each in limine motion must address a single subject, and in limine motions must be numbered consecutively.

Rule 5.1.06 directs that each in limine motion shall be limited to a single subject and the motions shall be numbered consecutively.

Applies to

Supporting declaration

The declaration must identify the deed type and list escrow documents separately.

A deed must state the type of deed (i.e., grant deed, interspousal transfer deed, etc.) Escrow documents must be listed separately (i.e., Escrow Instruction Dated…, Disclosure Regarding Real Estate Agency Relationship, Hazards Report, etc.).

Applies to

Trial setting

General civil cases must be set for trial at the case management conference.

General civil cases shall be set at the case management conference.

Applies to

Trial setting

Trials in family law cases filed on or after January 1, 1999 must be set under Local Rule 3.1.07.

Family law cases filed on or after January 1, 1999: Trials will be set pursuant to Local Rule 3.1.07.

Applies to

Trial setting

In probate cases, the assigned judge will set the cases for trial in court.

Probate cases: The assigned judge will set cases for trial in court.

Applies to

Trial preparation

Counsel must be prepared at the Calendar Call to advise the court of all relevant trial data.

Counsel must be prepared to advise the Court of all relevant trial data at that time.

Applies to

Motions in limine

Every motion in limine must be in writing.

Motions in Limine. All in limine motions must be in writing.

Applies to

Motions in limine

Each motion in limine must address one subject, and the motions must be consecutively numbered.

Each motion shall be limited to a single subject and the motions shall be numbered consecutively.

Applies to

Response

A response to a motion in limine must address only that motion's subject and must use the same motion number.

Responses shall address only the subject of the motion and shall be numbered the same as the motions.

Applies to

Trial brief

Trial briefs must summarize the facts expected to be presented and the issues to be tried.

Trial briefs shall summarize the facts expected to be presented and the issues to be tried.

Applies to

Stipulation

Future availability should be specified in the stipulation used to request rescheduling.

a) Future availability should be specified in the stipulation.

Applies to

Proposed xspouse calculation

A proposed XSpouse calculation must have been run within the last 30 days, but the court may decline to enforce that requirement for self-represented litigants.

iii. A proposed XSpouse calculation run in the last 30 days. The court may exercise its discretion in not enforcing this requirement for self-represented litigants.

Applies to

Trial brief

Trial briefs are required for evidentiary hearings longer than one and one-half hours unless the court states otherwise, and must be filed no later than seven court days before the scheduled trial date.

Unless the Court states otherwise, trial briefs are required for any evidentiary hearing greater than 1 and ½ hours in length. Trial briefs are due no later than seven (7) court days prior to the scheduled trial date.

Applies to

Co parenting course

In a true default case with no response and no agreement or MSA, the respondent need not complete the online course, although the court strongly encourages and may require completion.

In true default cases (no response and no agreement/MSA) the respondent is not required to complete the online course; however, the Court highly encourages it and may require

Applies to

Amended order

Any correction to a filed order must take the form of an amended order restating all provisions of the original order.

Correction of an order shall be in the form of an amended order with all provisions of the original order restated.

Applies to

Order

Orders must state the scheduled hearing day, department, and time on the face sheet below the document title.

Orders shall have the scheduled calendar day, department, and time noted on the face sheet below the title of the document.

Applies to

Order of distribution

Orders of distribution must include complete legal descriptions of the real property distributed.

For example, all orders of distribution shall include complete legal descriptions of the real property being distributed.

Applies to

Order

Each order must identify all matters the Court actually decided and the relief granted.

The order shall set forth all matters actually passed on by the Court and the relief granted.

Applies to

Petition for confirmation of sale

The petition should allege when no additional bond is required or when the bond is waived.

If no additional bond is required or if bond is waived, that fact should be alleged in the petition.

Applies to

Reappraisal for sale

The sale reappraisal should state the appraised value as of the date of death immediately after the legal description.

The following information should be inserted in the reappraisal for sale immediately after the legal description of the real property: The appraised value as of the date of death.

Applies to

Reappraisal for sale

The sale reappraisal should state the appraised value as of the appraisal date.

The appraised value as of the date of the appraisal.

Applies to

Petition for instructions

A petition for instructions is appropriate only when no other statutory procedure exists and should clearly describe the requested instructions.

A petition for instructions is appropriate only when no other procedure is provided by statute. The petition should clearly describe the instructions requested to be approved.

Applies to

Extraordinary compensation application

Except for the stated routine real-property-sale and federal-estate-tax procedures, applications for extraordinary-service fees or commissions must include the information required by California Rule of Court 7.703.

Except as stated below for routine real property sales and federal estate tax work, applications for fees or commissions for extraordinary services shall include the information specified in California Rule of Court 7.703

Applies to

Cost reimbursement request

A request for reimbursement of costs must separately state and describe each cost item advanced by the requesting personal representative or attorney.

Costs: Where reimbursement for costs incurred is requested by the personal representative or attorney, the cost items advanced by such party must be separately stated and described.

Applies to

Account and report

When a schedule is unnecessary and omitted, the Summary of Account must state “none” in the blank provided for that schedule’s total.

Where a particular schedule is unnecessary, it need not be included, and that fact must be noted in the Summary of Account with the word “none” in the blank provided for the total from the schedule.

Applies to

Ex parte application and order for appointment of counsel

An ex parte application and order appointing counsel should be filed before the hearing to avoid continuance or delay.

To avoid continuance or delay an ex parte application and order for appointment of counsel should be filed prior to the hearing.

Applies to

Accountings review hearing

A review hearing to monitor timely filing of the first and subsequent accountings must be set from the initial appointment.

A review hearing to monitor the timely filing of the first and subsequent accountings will also be set from the time of the initial appointment.

Applies to

Waiver of final account

The court ordinarily will not approve a ward's waiver of the final account unless the ward attends the hearing and can answer the court's questions.

The Court ordinarily will not approve a ward’s waiver of the final account unless the ward is present at the time of hearing and competent to answer questions by the court.

Applies to

Accounting waiver records

A petitioner benefiting from an accounting waiver must continue keeping accurate records for any later account that may be required.

The petitioner must nevertheless continue to keep accurate records in order to prepare any accounts which may be required under Probate Code §§ 2628(b) and (c).

Applies to

Trust account

Accounts filed by trustees must conform to Local Rule 4.2.16.

Rule 4.4.01 Accounts filed by trustees must conform to the requirements of Local Rule 4.2.16

Applies to

First trust account

The first trust account must clearly reconcile the initial amount chargeable with the estate distribution decree from which the property was received.

The first account filed must clearly reconcile the amount first chargeable with the decree of distribution of the estate from which the property was received.

Applies to

Trust account

Trust-account receipts and disbursements must be separately allocated between principal and income.

Receipts and disbursements must be allocated between principal receipts and disbursements and income receipts and disbursements.

Applies to

Trustee fee request

A trustee fee request limited to merely reciting time spent is inadequate.

Mere recitation of time spent, without more, is not adequate.

Applies to

Trustee accounting

A trustee relying on the one-percent fee guideline must include a second accounting column showing each trust asset's fair market value next to its carry value.

Trustees who base their requests for compensation on this guideline shall include a second column in the accounting which shall indicate the fair market value of each trust asset next to the carry value.

Applies to

Special needs trust accounting

Every special needs trust accounting must explain unusual or extraordinary expenses incurred by the trustee for the beneficiary.

In all accountings for special needs trusts, the trustee shall provide an explanation of any unusual or extraordinary expenses incurred by the trustee on behalf of the beneficiary.

Applies to

Special needs trust agent payment report or accounting

A report or accounting seeking payment to a special needs trust agent must describe the type and need for the agent's services.

A trustee hiring such an agent shall specify in any report or accounting seeking approval of payment to said agent the type of and need for the services provided by the agent.

Applies to

Special needs trust agent payment report or accounting

A report or accounting seeking payment for special needs trust agent services must include a declaration from the agent.

The trustee shall also include a declaration from the agent

Applies to

In limine motion

Each in limine motion must address one subject, and the motions must be numbered consecutively.

Each motion shall be limited to a single subject, and the motions shall be numbered consecutively.

Applies to

Expert witness fee application

An expert-witness fee application generally must include the expert's resume unless the expert is on the appointment list or already known to the court.

A resume of the expert whose services are being sought, unless the expert is on the appointment list or otherwise previously known to the court;

Applies to

Expert witness fee application

A financial declaration filed within the preceding six months is timely for an expert-witness fee application.

A financial declaration filed within the previous six (6) months of the current request will be considered timely for purposes of this rule;

Applies to

Expert witness fee application

Each application for expert or additional defense fees must be numbered.

Each application for an expert or additional defense fees must be numbered.

Applies to

Expert witness fee application

The first application for fees must state that it is the first application.

If it is the first application for fees, the application must so state.

Applies to

Exhibit

Evidence stored on removable media must be accompanied by an exhibit list identifying each exhibit in its display order.

Evidence stored on removable storage devices, including but not limited to flash drives/USB’s, memory sticks and compact discs, shall be accompanied by an exhibit list. The list shall state each exhibit on the device in the order they appear.

Applies to

Trustee account

Accounts filed by trustees must conform to the requirements of Rule 4.2.16.

Rule 4.4.01 Accounts Filed by Trustees Must Conform to the Requirements of Rule 4.2.16.

Applies to

Ex parte application or opposition

A request to appear must be stated on the face page of the ex parte application or opposition when either party requests an appearance.

If either party requests to appear on the application or opposition, the application or opposition must state this request on the face page of the ex parte application and/or opposition.

Applies to

Settlement conference statement

Cases with a history of domestic violence should include a brief statement concerning that history.

Cases with a history of Domestic Violence should include a brief statement to that effect.

Applies to

Petition for confirmation of sale

A real-property sale confirmation petition must state the bond in force and the estate property the bond should cover; the petition should also state when no additional bond is required or the bond is waived.

Petitions for confirmation of sales of real property, Judicial Council form DE-260/GC- 060 Report of Sale and Petition for Order Confirming Sale of Real Property, shall set forth the amount of bond in force at the time of the sale and the amount of property in the estate which should be covered by a bond. If no additional bond is required or if bond is waived, that fact should be alleged in the petition.

Applies to

Reappraisal for sale

The stated appraisal information should appear immediately after the real property's legal description in a sale reappraisal.

The following information should be inserted in the reappraisal for sale immediately after the legal description of the real property:

Applies to

Petition for instructions

A petition for instructions is appropriate only when no other procedure is provided by statute and should clearly describe the instructions sought.

A petition for instructions is appropriate only when no other procedure is provided by statute. The petition should clearly describe the instructions requested to be approved.

Applies to

Account

Requests for reimbursement of advanced costs must separately state and describe each cost item.

Costs: Where reimbursement for costs incurred is requested by the personal representative or attorney, the cost items advanced by such party must be separately stated and described.

Applies to

Account

When a schedule is omitted as unnecessary, the Summary of Account must state “none” in the schedule-total blank.

Notation of omitted schedules: Where a particular schedule is unnecessary, it need not be included, and that fact must be noted in the Summary of Account with the word “none” in the blank provided for the total from the schedule.

Applies to

Account

The account must state its beginning and ending dates.

The beginning and ending dates of the account.

Applies to

Account

The account must contain detailed descriptions of all fiduciary receipts and disbursements.

A detailed description of all receipts and all disbursements of the fiduciary.

Applies to

Account

Every item that is not self-explanatory must be explained in the account or accompanying report.

An explanation either in the account, or in the report accompanying the account, for any item that is not self-explanatory.

Applies to

Account

Receipts must identify the receipt date, payment source, and amount, and recurring sources must be described individually rather than as a lump sum.

Receipts indicating the date of receipt, the source of the payment, and the amount. Each receipt from a source that pays more frequently than once a year must be described; a lump sum amount is not permissible.

Applies to

Account

The account must describe each disbursement’s date, nature, purpose, and amount.

A description of all disbursements indicating the date of the expenditure and the nature of the expense, its purpose, and the amount.

Applies to

Trustee compensation request

A trustee-fee request may not consist only of the time spent and must provide additional support.

Mere recitation of time spent, without more, is not adequate.

Applies to

Memorandum of points and authorities

Failure to file and serve the points and authorities may be treated by the court as a concession to the motion or as a concession that the motion lacks merit.

Failure of either party to file and serve the points and authorities may be deemed by the Court to be a concession to the motion and/or that the motion is without merit.

Applies to

Motion

Juvenile-court motions should indicate the court date.

Motions should indicate court date.

Applies to

Evidence

A party appearing in person without notice of an opposing party's intent to appear remotely may bring its evidence to court.

If you plan to appear in person and have not received notice of intent to appear remotely from an opposing party, you may bring your evidence to court with you.

Applies to

Class notice

Federal Judicial Center class-settlement notice formats are preferred.

Class action settlement notice formats illustrated on the website of the Federal Judicial Center (www.fjc.gov) are preferred.

Applies to

Trial setting

Short cause trials are calendared on the daily 8:30 a.m. Law & Motion Calendar.

Short Cause Trials will be calendared on the daily 8:30 a.m. Law & Motion Calendar.

Applies to

Supervised visitation provider declaration

When a nonprofessional visitation provider will be used, parents should inform the court and file the FL-324(NP) form.

If a nonprofessional provider will be used, the parents should inform the court and file the FL-324(NP) form with the court.

Applies to

Confidential supplement de 147 s

The confidential supplement to the Duties and Liabilities of Personal Representative form, DE-147(S), is not required to be filed.

The Judicial Council form, Confidential Supplement to Duties and Liabilities of Personal Representative DE-147(S), is not required to be filed.

Applies to

Expert witness fee application

Appointment of counsel does not establish that a defendant is indigent for all purposes.

The fact that the Court has appointed counsel is not a finding that the defendant is indigent for all purposes.

Applies to

Confidential supplement de 147s

The Confidential Supplement DE-147(S) is not required to be filed.

The Judicial Council form, Confidential Supplement to Duties and Liabilities of Personal Representative DE-147(S), is not required to be filed.