Sierra Superior Court Document Filing Requirements

CRITICAL

Applies to

Case management conference notice

The Clerk must issue the case management conference notice with the summons.

The clerk shall issue a notice of case management conference with the summons.

CRITICAL

Applies to

Motion or memorandum of points and authorities

Motions and memoranda citing non-California authorities, or California cases not yet published in the Advance Sheets, must attach copies of those authorities.

(c) If any authority other than California cases, statutes, constitutional provisions or State or local rules is cited in any motion or memorandum of points and authorities, a copy shall be attached to the papers in which the authorities are cited and tabbed as exhibits. If a California case is cited before the time it is published in the Advance Sheets of the Official Reports, a copy of that case shall also be attached and tabbed. (Eff. 01/01/09.)

CRITICAL

Applies to

Motion to modify support

Every motion to modify support must state the date and amount of the prior order.

Every motion to modify support shall set forth the date of the prior order and the amount of the prior order.

CRITICAL

Applies to

Certificate of competency

The attorney of record must complete and submit a Certificate of Competency.

A Certificate of Competency shall be completed by the attorney of record for the dependency matter and submitted to the Court within 20 days of his or her first appearance in a dependency matter.

CRITICAL

Applies to

Motion

A request for exemption from the Delay Reduction Rules must be made by written motion supported by a declaration showing good cause; a stipulation alone does not establish good cause.

A request to exempt a case from the Delay Reduction Rules shall be by written motion, supported by declaration showing good cause. A stipulation does not establish good cause.

CRITICAL

Applies to

Media coverage request

A media coverage request must be filed with the clerk’s office in advance of the hearing, in addition to any copy provided to the judicial officer in court.

Before filing Judicial Council Form MC-500, request for media coverage must be filed with the clerk’s office in advance of a hearing in addition to any copy provided to the judicial officer in court.

CRITICAL

Applies to

Motion for augmentation correction or additions to record

Motions to augment or correct the record, or to add omitted record portions, must state facts showing good cause for the omission and any prior motions granted or denied after the notice of appeal.

All motions for augmentation and correction of the record pursuant to California Rules of Court, rule 8.841, and motions for the addition of omitted portions of the record pursuant to rule 8.841, shall set forth the facts showing: 1) good cause why the materials have not been included in the record on appeal; and 2) any previous motions for augmentation or additions to the record granted or denied to any party after filing of the notice of appeal.

CRITICAL

Applies to

Income and expense declaration

Each party must file a current Income and Expense Declaration when support is at issue.

Within 30 days of the hearing or trial, a current Income and Expense Declaration must be filed by each party where support is at issue.

CRITICAL

Applies to

Ex parte application

An application for an order may not be made ex parte unless supported by an affidavit or declaration.

An application for an order shall not be made ex parte unless it is supported by affidavit or declaration:

CRITICAL

Applies to

Electronically filed document

Each electronically submitted document must place “Electronically Submitted” immediately below its title.

Each document transmitted electronically for filing shall contain the phrase “Electronically Submitted” immediately below the title of the document.

CRITICAL

Applies to

Factual declaration

A declaration seeking supervised visitation must state the reasons for supervision, who will supervise, and how supervision will be paid for.

Where the party is seeking supervised visitation between the child(ren) and the defaulting party: The reasons such visitation should occur; the person or agency to do the supervision; and how the supervision is to be paid for.

CRITICAL

Applies to

Settlement conference statement

A current signed and dated Schedule of Assets and Debts shall be prepared on Judicial Council forms. The Settlement Conference Statement shall indicate the claimed values of the assets and the proposal for division. The Statement should also include a proposed division of the community property debts.

A current signed and dated Schedule of Assets and Debts shall be prepared on Judicial Council forms. The Settlement Conference Statement shall indicate the claimed values of the assets and the proposal for division. The Statement should also include a proposed division of the community property debts.

CRITICAL

Applies to

Settlement conference statement

Each party or their attorney must prepare and file a Settlement Conference Statement.

At least 10 days before the settlement conference, or 15 days if service is by mail, each party or their attorney shall prepare, file, and serve on the other party or the opposing attorney, a Settlement Conference Statement with contents as indicated below.

CRITICAL

Applies to

Noticed motion

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

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

CRITICAL

Applies to

Media coverage request

Must include

proposed order

A proposed order on Form MC-510 must be lodged concurrently with a media coverage request.

A proposed order utilizing Judicial Council Form MC-510 shall be lodged concurrently.

CRITICAL

Applies to

Declaration re notice of ex parte application for order

A Declaration re: Notice of Ex Parte Application for Order must be filed with the Court before or at the hearing.

A Declaration re: Notice of Ex Parte Application for Order shall be filed with the Court prior to, or at the time of, the hearing.

CRITICAL

Applies to

Factual declaration

The declaration must state when the parties separated, the children’s primary caretaker during the last six months, and the extent of contact with the non-caretaker parent during that period.

Other information: The declaration shall inform the Court when the parties separated, who has been the primary caretaker of the child(ren) during the last six months and the extent of contact between the child(ren) and the non-caretaker parent during that time.

CRITICAL

Applies to

Settlement conference statement

The Settlement Conference Statement caption must state the times and dates of the settlement conference and trial.

Caption. The caption shall contain the times and dates of the settlement conference and the Trial.

CRITICAL

Applies to

Ability to pay calendar request

Ability-to-pay matters will not be added to the Criminal or Traffic calendar without a formal request using SIE-0044, including requests for fine reductions, payment plans on cases not in Collections status, fine conversion to community service, or other ability-to-pay issues.

Matters related to ability-to-pay requests will not be added to the Criminal or Traffic calendar unless a formal request is submitted using SIE-0044 Request: Add Matter to Criminal or Traffic Calendar for Addressing Ability-to-Pay. This includes cases in which the defendant requests a fine reduction, requests a payment plan on cases not in Collections status, seeks a fine conversion to community service, or other ability to pay issues.

CRITICAL

Applies to

Notice of dependent child interests

A notice must identify the interest or right, the relevant agency or forum and its address if known, and the nature of the proceedings there.

The person giving notice shall set forth the nature of the interest or right which needs to be protected or pursued; the name and address, if known, of the administrative agency or judicial forum in which the right or interest may be affected; and the nature of the proceedings being contemplated or conducted there.

CRITICAL

Applies to

Settlement conference statement

Prepare a current, signed, and dated Income and Expense Declaration on the Judicial Council form and attach current pay stubs or other income verification.

A current signed and dated Income and Expense Declaration shall be prepared on the Judicial Council form. Copies of current pay stubs or other income verification shall be attached.

CRITICAL

Applies to

Ex parte application

Applications for ex parte orders, including orders shortening time, must include an affidavit or declaration showing good cause and comply with the specified California Rules of Court where applicable.

All applications for ex parte orders, including orders shortening time, shall be supported by an affidavit or declaration showing good cause for the order, and, where applicable, shall comply with California Rules of Court rules 3.1200 – 3.1207.

CRITICAL

Applies to

Request to enter default

A property division or confirmation of separate property requires an attached written agreement or a completed Property Declaration attached to and served with the Request to Enter Default.

No division of community property (assets or debts) or confirmation of separate property will be ordered unless there is either an attached written agreement between the parties settling those issues, or there is a completed Property Declaration attached to and served with the Request to Enter Default.

CRITICAL

Applies to

Supporting declarations

An ex parte request to remove a party from a residence must be supported by declarations required by law.

An ex parte order removing a party from a residence will not be issued without supporting declarations as required by law.

CRITICAL

Applies to

Pleading or at issue memorandum

The pleadings or At Issue Memorandum must plainly state the CCRC date and any required CCRC orientation.

The CCRC date and any requirement of CCRC orientation shall be plainly stated on the face of the pleadings or At Issue Memorandum.

CRITICAL

Applies to

Opposition memorandum

Must include

proposed order

If a motion is opposed, the opposing party’s opposition memorandum must include a proposed order on its behalf.

If there is opposition to the Motion, a Proposed Order on behalf of the opposing party shall accompany the Opposition Memorandum.

CRITICAL

Applies to

Status report

If the parties do not reach an agreement, the counselor must provide the court with a written status report and recommendation, except that no recommendation will be made if no proceedings are pending.

In the absence of an agreement, the counselor shall make a written status report and recommendation to the court. However, if no proceedings are pending, no recommendation will be made.

CRITICAL

Applies to

Motion

Must include

proposed order

A motion filed in a civil case must be accompanied by a proposed order when filed.

At the time a Motion is filed in a civil case, it shall be accompanied by a Proposed Order.

CRITICAL

Applies to

Income and expense declaration

The declaration may show temporary actual and estimated prospective facts if properly identified, and must complete the attorney-fees paragraph when fees or costs are requested.

If current facts are temporary, both the actual current facts and estimated prospective facts may be shown if properly identified. If attorney's fees and/or costs are requested, the paragraph pertaining to attorney's fees must be completed.

CRITICAL

Applies to

Support award request

An award of child support, spousal support, or attorney’s fees requires an attached written agreement or sufficient information, including a fully completed and executed Income and Expense Declaration with both parties’ information where available.

No award of child support, spousal support or attorney's fees will be granted unless there is either an attached written agreement between the parties settling those issues or there is sufficient information on which the Court may base an order, including a fully completed and executed Income and Expense Declaration (with information on both parties where available.

CRITICAL

Applies to

Income and expense declaration

Wage earners must attach legible paycheck stubs for the most recent two months or, if none are available, other appropriate documentation.

Wage earners must attach legible copies of their paycheck stubs for the most recent two months. In the event no paycheck stubs are available, other appropriate documentation must be attached.

CRITICAL

Applies to

Remote appearance request

Any party seeking to appear remotely or requesting that a witness or support person appear remotely, must complete and file a Form SIE-0035, Request for Remote Appearance, with the court clerk at least two (2) court days prior to the hearing.

Any party seeking to appear remotely or requesting that a witness or support person appear remotely, must complete and file a Form SIE-0035, Request for Remote Appearance, with the court clerk at least two (2) court days prior to the hearing.

CRITICAL

Applies to

Income documentation

Self-employed parties must bring specified financial records or similar documentation evidencing income from all sources.

Self-employed parties shall bring their most recent profit and loss statements, balance sheets, quarterly sales tax reports, the last filed tax return, or similar documentation evidencing income from all sources.

CRITICAL

Applies to

Attorney fee application

A claim for attorney fees above the Rule's schedule requires an application to the Court supported by declarations stating the factual basis for the fees.

When a party claims attorney fees in excess of those allowed by this Rule, then an application for attorney fees must be made to the Court; the application must be supported by declarations setting forth the factual basis for the claimed fees.

CRITICAL

Applies to

Factual declaration

A declaration seeking denial of visitation must state the reasons, the date of the last visitation, and whether the defaulting party’s whereabouts are known and, if so, the address.

Where the party is seeking to deny visitation between the child(ren) and the defaulting party: The specific reasons visitation should be denied; the last time there was visitation between the child(ren) and the defaulting party; and whether the whereabouts of the defaulting party is known, and, if so, his or her address.

CRITICAL

Applies to

Billing

Billing must be forwarded to the Court with appropriate supporting documentation for approval.

Billing shall be forwarded to the Court with appropriate documentation for approval.

CRITICAL

Applies to

Child custody evaluation report

The child custody evaluator’s report must be sent to the Court, the parties, and their attorneys before the date set to receive it.

A Court date will be set to receive the report of the child custody evaluator. The report will be sent to the Court, the parties, and their attorneys prior to that date.

CRITICAL

Applies to

Agreement

An agreement must be written and submitted to the court; if a party is represented, it must first be submitted to counsel.

In the event the parties reach an agreement, their agreement will be reduced to writing and submitted to the court. If either party is represented by counsel, the agreement will be submitted to counsel before it is provided to the Court for approval and made into a court order.

CRITICAL

Applies to

Criminal calendar addition request

A matter will not be added to the criminal calendar at the request of the District Attorney or Defense Counsel unless a stipulation or formal, properly noticed motion is filed.

Matters will not be added to the court’s criminal calendars at the request of the District Attorney and/or Defense Counsel unless a stipulation or formal, properly-noticed motion is filed.

CRITICAL

Applies to

Motion

The motions must identify the requested papers, records, or exhibits, or specify the proceedings sought to be transcribed by subject, date, and department.

All such motions shall specifically identify each paper, record, or exhibit that is being requested and/or specifically identify, by subject, date, and department what portion of the proceedings before the trial court is being requested to be transcribed.

CRITICAL

Applies to

Request for order shortening time

A request to shorten time for service of a hearing notice must include a supporting declaration under penalty of perjury stating the need for the order, or the order will not be granted.

An order shortening time for service of the notice of a hearing will not be granted if the request for that order is not accompanied by a supporting declaration under penalty of perjury which states the need for that order.

CRITICAL

Applies to

Case management statement

Parties participating in a case management conference must submit a completed Case Management Statement beforehand and should use Judicial Council form CM-110.

All parties taking part in a case management conference must submit a completed Case Management Statement before the case management conference pursuant to California Rules of Court rules 3.720 – 3.730 all parties should use Judicial Council form CM-110.

CRITICAL

Applies to

Notice of acknowledgment of receipt

Unless the Court orders otherwise, a Notice of Acknowledgment of Receipt signed by someone other than its directed party cannot support entry of default.

Unless the Court orders otherwise, a default will not be entered based on a Notice of Acknowledgment of Receipt signed by a person other than the party to whom it is directed.

CRITICAL

Applies to

SIE-0043 stipulation

Form SIE-0043 must be signed by both the District Attorney and Defense Counsel to acknowledge agreement to the requested hearing.

4. SIE-0043 must be signed by both the District Attorney and Defense Counsel, acknowledging agreement to the requested hearing.

CRITICAL

Applies to

Media coverage request

Media coverage requests must be filed on Form MC-500 and specify the coverage time estimate, equipment placement, and whether coverage will be live or recorded.

Persons requesting media coverage of any type, including pool cameras, must file with the court Judicial Council Form MC-500, specifying: (i) the time estimate for coverage; (ii) the proposed placement of cameras, microphones and other equipment; (iii) whether the coverage will be disseminated live or recorded for future dissemination.

CRITICAL

Applies to

Factual declaration

For a default judgment without a custody and visitation agreement, a request for supervised or denied visitation must include an attached factual declaration under penalty of perjury with the specified information.

Where the judgment is taken by default, if there is no attached written agreement of parties concerning custody and visitation, and either supervised visitation or a denial of visitation is requested, an attached factual Declaration under penalty of perjury shall be submitted with the judgment and shall set forth the following:

CRITICAL

Applies to

Order after hearing

Must include

proposed order

If the Court’s decisions require further drafting of the OAH, the Court shall designate one counsel to prepare it.

If the Court makes decisions that require the further drafting of the OAH, the Court shall designate one counsel to prepare the written OAH.

CRITICAL

Applies to

SIE-0043 stipulation

Form SIE-0043 must include a proposed hearing date and time, subject to availability and court approval.

2. SIE-0043 must include a proposed date and time for the hearing, subject to availability and court approval.

CRITICAL

Applies to

Electronic filing cover sheet

Electronic filings must include a cover sheet containing the court’s contact information, the filing party’s contact information, the submission date, the document submitted, and the total page count.

Electronic filings shall be accompanied by a cover sheet with the following information: TO: Appellate Division of the Superior Court 100 Courthouse Square P.O. Box 476 Downieville, CA 95936 Telephone Number: 530-289-3698 Email Address: superiorcourt@sierracourt.org NAME, ADDRESS, TELEPHONE NUMBER & EMAIL ADDRESS OF PARTY MAKING FILING DATE SUBMITTED DOCUMENT SUBMITTED TOTAL NUMBER OF PAGES

CRITICAL

Applies to

Declaration

An ex parte request for exclusive use of a vehicle must include a declaration demonstrating suitable alternative transportation, no need for transportation, or other good cause.

An ex parte order for exclusive use of a vehicle will not be granted unless the declaration demonstrates that the opposing party has suitable transportation available, or requires no such transportation, or other good cause for such an order.