Siskiyou Superior Court Document Filing Requirements

CRITICAL

Applies to

Proposed judgment

The moving party must submit the original and two copies of Form FL-190 with the proposed judgment and required forms, and the petitioner must submit two prepaid first-class envelopes addressed as shown on the notice.

The moving party must submit, together with the proposed judgment and any forms required above, an original and two (2) copies of the form “Notice of Entry of Judgment” [Judicial Council Form FL-190]. Petitioner must also submit two (2) first-class envelopes, postage prepaid, addressed to the parties as listed on the notice of entry of judgment.

CRITICAL

Applies to

Fee waiver application

A fee-waiver application must include Judicial Council form FW-003 to be considered.

No application for a fee waiver will be considered unless it is accompanied by Judicial Council form FW-003.

CRITICAL

Applies to

Substitution form

A substitution is not complete or effective unless the substitution form includes the new attorney’s or unrepresented party’s address and telephone number, and the new attorney’s state bar number.

A substitution of attorneys or substitution of a party in pro per is not complete or effective unless the address and telephone number of the new attorney or new unrepresented party, and the state bar number of the new attorney, are included on the substitution form.

CRITICAL

Applies to

Initial filing

Initial civil, probate, and family law filings must include a completed Case Party Information form.

All initial Civil, Probate, and Family Law filings shall be accompanied by a completed Case Party Information. (See Appendix 4)

CRITICAL

Applies to

Fax filing

Must include

case number

Each faxed paper must include a cover sheet identifying the transmitting party and contact information, transmission date, case name, and case number.

Every paper received by FAX pursuant to this rule must be accompanied by an informational cover sheet that identifies the transmitting party, his or her telephone number and address, the date of the transmission, the case name, and the case number.

CRITICAL

Applies to

Ex parte application

Except for an adverse party in default, an ex parte application must be supported by an affidavit or declaration establishing notice, good-faith unsuccessful notice attempts, or good cause to proceed without notice.

Except as to an adverse party in default, an application for an order must not be made by ex parte hearing unless it appears, by affidavit or declaration: (a) that within a reasonable time [Local Rule 3.03.B(2)] before the application is heard, the moving party informed all opposing counsel or unrepresented parties as to when and where the application would be made, and the exact nature of the relief sought thereby; or, (b) that the moving party in good faith attempted to inform opposing counsel or unrepresented parties of the time, place, and content of the ex parte application, but was unable to do so (specifying such attempts); or, (c) that for reasons specified, which establish good cause, the moving party should not be required to inform opposing counsel or unrepresented parties of the pending ex parte application.

CRITICAL

Applies to

Ex parte application

The specified Family Code, temporary guardianship, and Code of Civil Procedure applications or petitions must include a completed local Declaration re Notice form.

For ex parte applications made pursuant to any provision of the Family Code; or for petitions for temporary guardianship pursuant to Probate Code §2250; or for petitions pursuant to Code of Civil Procedure §§527.6, 527.7, 527.8, or 527.85, the local form "Declaration re Notice", attached to these rules as Appendix 3, must be completed by counsel or unrepresented party, and submitted along with the ex parte application.

CRITICAL

Applies to

Ex parte application

An applicant for an ex parte order must disclose to the Court if the requested order would change the status quo.

The applicant for an ex parte order has an absolute duty to disclose to the Court that a requested order will result in a change of the status quo.

CRITICAL

Applies to

Request for order shortening time

A request to shorten time for service or hearing must be supported by a declaration showing good cause why regular notice is not possible.

A request for an order shortening time for service [CCP §1005] or for hearing will not be granted unless supported by a declaration demonstrating good cause why the matter cannot be heard on regular notice.

CRITICAL

Applies to

Supporting declaration

A supporting declaration for an order shortening time must state the responding party’s representation status, counsel’s name and address, and whether counsel was contacted and agreed to the proposed hearing date and time.

If an order shortening time is requested, the supporting declaration must state whether or not the responding party is represented by counsel, the name and address of the responding party's attorney, and whether or not that attorney has been contacted and has agreed to the date and time proposed for the hearing.

CRITICAL

Applies to

Supporting declaration

If opposing counsel was not contacted or did not agree to the proposed setting, the supporting declaration must explain why the hearing should proceed on that date without counsel’s consent and why shortened notice is necessary.

If the responding party's attorney has not been contacted or has not agreed to the proposed setting, the supporting declaration must clearly demonstrate why the hearing should be set on the proposed date without the consent of opposing counsel, and the reason the matter must be heard on shortened notice.

CRITICAL

Applies to

Proposed order

The proposed order must provide for immediate delivery of the moving papers to opposing counsel’s office or to an unrepresented party.

Provisions for the immediate delivery of the moving papers to opposing counsel's office, or to an unrepresented party, must be set forth in the proposed order.

CRITICAL

Applies to

Affidavit or declaration

An affidavit or declaration submitted with an ex parte writ of attachment application must comply with the cited Code of Civil Procedure provisions.

When application is made for an ex parte writ of attachment, any affidavit or declaration submitted therewith must also comply with Code of Civil Procedure §482.040 as modified by Code of Civil Procedure §§485.210(d) and 488.510(b).

CRITICAL

Applies to

Ex parte writ of attachment application

If an ex parte writ of attachment applicant relies wholly or partly on a verified complaint, the application must include a separate statement of the relied-upon evidentiary facts.

Where the applicant relies wholly or in part on a verified complaint, the application must be accompanied by a separate statement setting forth the evidentiary facts upon which the applicant relies.

CRITICAL

Applies to

Memorandum

An ex parte writ of attachment applicant must submit a memorandum explaining why the application is not instead a request for a temporary protective order under the cited statute.

When application is made for an ex parte writ of attachment, the applicant must also submit a memorandum setting forth the reason why the application is not, instead, a request for a temporary protective order under Code of Civil Procedure §486.030.

CRITICAL

Applies to

Supporting declaration

Evidentiary facts relied on in the writ-of-attachment memorandum must also appear in the supporting declarations.

Any evidentiary facts relied on in the memorandum must be presented in the supporting declarations.

CRITICAL

Applies to

Writ of possession application

A writ-of-possession application must comply with the cited statute and include a declaration setting forth facts to aid the Court in determining the undertaking amount.

Every application for issuance of a writ of possession must comply with Code of Civil Procedure §516.030. Additionally, the applicant must set forth, by declaration, facts to aid the Court in its determination of the undertaking amount, pursuant to Code of Civil Procedure §515.010.

CRITICAL

Applies to

Declaration

A renewed application for the same or a similar order after an ex parte motion was denied, conditionally granted, or granted on terms must include a declaration describing the prior motion, its timing and judge, the resulting decision, and any claimed new facts.

When an ex parte motion has been made, and has been refused in whole or in part, or has been granted conditionally or on terms, and a subsequent application is made for the same or a similar order, to the same or a different judge, whether upon an alleged different state of facts or otherwise, then the applicant must show, by declaration, what motion was previously made, the nature of the previous motion, when and to what judge it was made, what order or decision was made thereon, and what new facts, if any, are claimed by the new motion.

CRITICAL

Applies to

Declaration

For an ex parte or noticed application concerning judgment or termination of a stay, the applicant must submit a declaration stating any payments or other compliance, the specifics of the alleged failure to perform, and the substance of the requested order.

Whether ex parte or on notice, the applicant must submit a declaration setting forth any payments made or other compliance by defendant; the specifics of the alleged failure to perform; and the substance of the order requested.

CRITICAL

Applies to

Ex parte petition

Because testimony is not taken on ex parte petitions, the application must include facts justifying the requested relief.

Because no testimony will be taken in connection with ex parte petitions, the application must include facts that justify granting the prayer.

CRITICAL

Applies to

Petition

A probate ex parte petition must be verified.

The petition must be verified.

CRITICAL

Applies to

Supporting declaration or affidavit

Any supporting declaration or affidavit in a probate ex parte matter must establish the declarant’s personal-knowledge foundation.

A foundation that establishes a declarant’s personal knowledge must be set forth in any supporting declaration or affidavit.

CRITICAL

Applies to

Proposed order

Must include

proposed order

Except in family-law matters, where Rule 3.1312 does not govern or its time constraints are impracticable, the prevailing party must prepare a proposed order within 10 calendar days after receiving the ruling and submit it to the opposing party for approval as to form only.

Except for family law matters, the duty to prepare orders is governed by Rule 3.1312 of the California Rules of Court. In matters not governed by said Rule, or in cases where the Court finds that the time constraints of the Rule are impracticable, the prevailing party on a motion must, within ten (10) calendar days of receipt of the Court's written or oral ruling, prepare a proposed order thereon and submit it to the opposing party for approval (as to matters of form only).

CRITICAL

Applies to

Proposed order

If the opposing party does not approve or object within 10 days after service, the preparer may send the order to the Court with a letter stating the specified information and request; a copy of the letter must be served on the opposing party.

If the other opposing party fails to approve or object to the order within ten (10) days after service, the party who prepared the order may then send it to the Court for signature. The order must be accompanied by a letter to the Court stating the date the order was sent to the opposing party, the opposing party's reason(s) for not approving it (if known), and a request that the judge sign the order. A copy of the letter to the Court must be served on the opposing party.

CRITICAL

Applies to

Proposed order

If the party required to prepare the order fails to do so, the other party may prepare and send it directly to the Court without opposing counsel's approval, with a cover letter stating why this section applies; the cover letter and proposed order must be served on all parties.

If the party who is required to prepare the order pursuant to Local Rule 3.07.A fails to do so, then the other party may prepare the order. The order may then be sent directly to the Court, without the approval of opposing counsel, along with a cover letter to the Court stating the applicability of this section; a copy of the cover letter and the proposed order must be served on all parties.

CRITICAL

Applies to

Brief

Briefs exceeding 15 pages must include a table of contents, table of authorities, and an opening summary of argument.

A brief that exceeds 15 pages must include a table of contents, table of authorities, and an opening summary of argument.

CRITICAL

Applies to

Case management conference statement

The required case management conference statement must be fully completed and prepared on Judicial Council Form CM-110.

Not later than fifteen (15) calendar days prior to every Case Management Conference (including Additional Case Management Conferences), each party must file, and serve on all other parties, a fully-completed case management conference statement prepared on Judicial Council Form CM-110.

CRITICAL

Applies to

Stipulation to continue trial

Must include

proposed order

A stipulation to continue or reset trial must be accompanied by a proposed Order to qualify for acceptance in lieu of a motion.

A stipulation to continue a trial, or to vacate a trial date and calendar the matter for re- setting, may be accepted in lieu of a motion as long as 1) all parties agree in writing; 2) the terms of the written stipulation set forth good cause pursuant to California Rule of Court 3.1332, and further state that the stipulation is subject to approval by the Court; and the stipulation is accompanied by a proposed Order.

CRITICAL

Applies to

Attorney fee application

An application for attorney fees exceeding the rule’s schedule must be supported by declarations stating the factual basis for the claimed 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

Compromise petition

A request for court approval of a compromise of a claim of a minor or person with a disability must be submitted on a fully completed Judicial Council Form MC-350.

Requests for Court approval of compromise of a claim of a minor or person with a disability will not be considered unless submitted on a fully-completed Judicial Council Form MC-350.

CRITICAL

Applies to

Compromise petition

Must include

proposed order

A compromise petition must be accompanied by a proposed order approving the compromise, prepared on Judicial Council Form MC-351.

The Petition must be accompanied by a proposed order approving the compromise, prepared on Judicial Council Form MC-351.

CRITICAL

Applies to

Order to deposit funds

If the compromise approval order directs funds into a blocked account, the applicant must submit a separate deposit order with the petition and approval order, prepared on Judicial Council Form MC-355.

If the order approving the compromise includes an order for deposit of funds into a blocked account, the applicant must also submit to the Court, along with the petition and approval order, a separate order to deposit the funds, prepared on Judicial Council Form MC-355.

CRITICAL

Applies to

Judgment

A formal judgment must identify the full names and legal capacities of the parties for and against whom it is rendered.

1) Clearly show the full names of the parties for whom and against whom the judgment is rendered, including their legal capacities as plaintiffs, defendants, cross-complainants and cross-defendants;

CRITICAL

Applies to

Judgment

A judgment must use the parties’ full names as stated in the initial pleadings’ caption unless an order amends those names.

2) Refer to full names as they appear in the caption of the initial pleadings, or obtain an order amending the pleadings in respect to such names; and,

CRITICAL

Applies to

Judgment

Unless costs have already been awarded in a specific amount, a judgment must leave a blank for costs, which the clerk fills after a timely cost memorandum and any ruling on a motion to tax costs.

3) Unless costs have already been awarded in a specific amount, leave a blank space for insertion of any costs, as follows: "and costs in the sum of $ _ _ .__”. The clerk of the Court will enter the amount of costs claimed after a timely memorandum of costs has been filed, and after a ruling upon any motion to tax costs.

CRITICAL

Applies to

Proposed judgment

When required by the Court or California Rule of Court 3.1590, counsel must lodge a properly titled proposed judgment with proof of service and simultaneously lodge a matching original titled “Judgment” suitable for the judge’s signature.

When required by the Court, or when a proposed judgment is required by Rule 3.1590 of the California Rules of Court, counsel must lodge the proposed judgment with the clerk. The proposed judgment must be entitled "Proposed Judgment" and must bear an attached proof of service indicating that a copy has been served upon all counsel and unrepresented parties. At the same time that the proposed Judgment is lodged with the clerk, counsel must also lodge therewith the original form of the judgment. The original judgment must be in the same form and have the same content as the proposed judgment, except that it must be entitled "Judgment", and must be suitable for signature by the judge.

CRITICAL

Applies to

Proposed judgment

A proposed judgment submitted by stipulation must be a separate document, not part of or attached to the stipulation.

The Court will not sign a judgment that is presented as part of a stipulation for judgment, whether or not the proposed judgment is included in the body of the stipulation or is an attachment thereto; any proposed judgment that is submitted upon stipulation of the parties must be in the form of a separate document.

CRITICAL

Applies to

Notice of appeal

A party appealing a Labor Commissioner order, decision, or award under Labor Code section 98.2 must file the specified additional documents with the court clerk.

Any party who files a notice of appeal of an order, decision, or award of the Labor Commissioner pursuant to Labor Code §98.2, must also file the following with the clerk of the Court:

CRITICAL

Applies to

Settlement conference statement

The parties must file and serve a brief statement of the case’s facts and law at least five calendar days before the settlement conference.

No later than five (5) calendar days prior to the date fixed for the settlement conference, the parties must file with the Court, and must serve upon all other parties, a brief statement of the facts and the law of the case.

CRITICAL

Applies to

Money sanctions request

A request for money sanctions requires advance written notice, except when the Court acts on its own motion, when written notice is unnecessary.

Any request for money sanctions must be made upon advance notice, in writing, unless ordered on the Court's own motion, in which case notice need not be in writing.

CRITICAL

Applies to

Arbitration assignment notice

Within five days after receiving the arbitration assignment notice, each party must file and deliver a notice disclosing whether any party is proceeding in forma pauperis and whether the matter is a lengthy hearing matter.

Within five (5) days of receiving a notice of assignment to arbitration, each party must file, and deliver directly to the nominated arbitrator, a notice that discloses the following: 2) Whether or not any party is proceeding in forma pauperis. 3) Whether or not this is a lengthy hearing matter (as defined hereinafter).

CRITICAL

Applies to

Stipulation

A written stipulation for a lengthy arbitration hearing must be filed at least 15 court days before the hearing and provide for payment at a specified reasonable hourly rate for time exceeding three hours.

By filing, at least fifteen (15) court days before the hearing, a written stipulation between the parties and the arbitrator that they all agree to a lengthy hearing; said stipulation must provide for payment by the parties of a specified reasonable hourly rate of compensation to the arbitrator for any arbitration in excess of three hours; or,

CRITICAL

Applies to

Motion

A motion seeking permission for a lengthy arbitration hearing must show cause, specify the reasonable hourly rate for time exceeding three hours, and be made before the arbitration completion deadline.

By obtaining an order, on duly noticed motion, that shows cause for a lengthy hearing and that specifies the reasonable rate of compensation to the arbitrator for each hour of hearing in excess of three (3) hours; such motion must be made to the Court before the date by which the matter is required to have been completely arbitrated.

CRITICAL

Applies to

Affidavit or declaration

Affidavits and declarations supporting a prove-up application must comply with CCP sections 585 and 585.5.

Affidavits and declarations presented in support of a prove-up application must comply with the requirements of CCP §585 and §585.5.

CRITICAL

Applies to

Prove up evidence

A default prove-up requires competent evidence of every essential element; allegations and mere conclusions do not suffice.

For purposes of default prove-ups, allegations in the complaint or cross-complaint, if applicable, are not deemed proved because of the failure of the adverse party to answer. Rather, proof must be presented by competent evidence with respect to all essential elements of the causes of action to be proved. Mere conclusions are insufficient.

CRITICAL

Applies to

Affidavit or declaration

Affidavits and declarations must affirmatively establish that the affiant or declarant is competent to state their contents.

Affidavits and declarations must show, affirmatively, that the affiant or declarant is competent to state those things that appear therein.

CRITICAL

Applies to

Quiet title default judgment application

For a quiet-title default judgment application, the applicant must demonstrate service and each party’s appearance status and comply with CCP section 585(c), either at the hearing or in previously filed papers.

At the hearing or by papers filed prior thereto, the applicant must demonstrate that all parties have been served and have either appeared or failed to appear; and the applicant must comply with the provisions of CCP §585(c).

CRITICAL

Applies to

Quiet title default judgment application

At the quiet-title application hearing, the applicant must present the oral and documentary evidence necessary to prove the claim to title.

At the hearing on the application, the applicant must present such oral and documentary evidence as may be necessary to prove his or her claim to title.

CRITICAL

Applies to

Application for service by publication

An application for service by publication must be submitted to the clerk for ex parte judicial approval and supported by factual declarations describing all location efforts and establishing due diligence.

Applications for service by publication must be submitted to the clerk of the court for ex parte approval by a judicial officer and must be supported by one or more factual declarations describing all efforts to locate the other party. The Court will not grant the application unless it appears from one or more supporting declarations that the petitioner has exercised all due diligence in attempting to locate the other party.

CRITICAL

Applies to

Application and declaration for alternative service

An application for alternative service must include an application and declaration stating that a fee waiver was granted and why the applicant can no longer afford publication.

The petitioner must submit, for the Court’s review, an application and declaration for alternative service, stating that the Court has granted a fee waiver and the reasons that the applicant cannot now afford the cost of publication.

CRITICAL

Applies to

Complaint

False Claims Act proceedings must be filed in the Yreka Branch, and the clerk will not accept a complaint unless the completed specified confidential cover sheet is affixed to its first page.

Proceedings initiated pursuant to the False Claims Act [Government Code §§ 12650 et seq.] must be filed in the Yreka Branch of the Superior Court, and will not be accepted by the clerk for filing unless a completed “Confidential Cover Sheet – False Claims Act”, JC Form MC-060, is affixed to the first page of the complaint. (Rule 2. 571 of the California Rules of Court.)

CRITICAL

Applies to

Bail reduction or increase request

A request for bail reduction or increase must disclose all prior applications of that kind in the pending matter.

Any person requesting a bail reduction or bail increase must disclose all prior such applications which have been made in the pending matter.

CRITICAL

Applies to

Source of bail hearing request

A hearing request under a Source of Bail Order must include a declaration or offer of proof identifying the bail agent and surety or depositor, the source of the bond premium and proposed payer, and the source and ownership details of any security or pledge.

The request for hearing must be accompanied by a declaration or offer of proof setting forth the following: (a) The identity of the bail agent and surety, or, if there is no surety, the depositor; (b) The source of the bond premium, including name and address of any person proposing to pay said premium; and (c) The source of the security or pledge, including the name and address of the owner, and description of the property.

CRITICAL

Applies to

Arrest warrant request and search warrant request

Requests for arrest or search warrants must receive written approval from the appropriate prosecutor before delivery to the Court.

All requests for arrest warrants and search warrants must first be presented to the District Attorney or Attorney General, as appropriate, for review and approval before delivery to the Court. Approval by the District Attorney or Attorney General must be in writing.

CRITICAL

Applies to

Arrest warrant supporting declaration

Supporting declarations for arrest warrants must be fully dated and executed before submission to a judge.

All supporting declarations for arrest warrants must be fully dated and executed before submission to a judge.

CRITICAL

Applies to

Pretrial motion

Unless otherwise ordered or provided by law, each pretrial motion must be written and accompanied by a memorandum of points and authorities.

Unless otherwise ordered or specifically provided by law, all pretrial motions must be in writing and must be accompanied by a memorandum of points & authorities.

CRITICAL

Applies to

Ex parte application to shorten time

The Court may shorten time on an ex parte written application supported by a declaration demonstrating good cause.

An order shortening time may be granted by the Court upon ex parte written application, if the application is supported by a declaration demonstrating good cause.

CRITICAL

Applies to

Ex parte application to shorten time

An ex parte application for an order shortening time must comply with Local Rule 3.03.

Any ex parte application to the Court for an order shortening time must be in compliance with Local Rule 3.03.

CRITICAL

Applies to

Pretrial disclosure

At the trial readiness conference, counsel must confirm the required discovery exchange, including exchange of a written witness list identifying trial witnesses by name and address.

A trial readiness conference will be set approximately thirty (30) days before the trial date, at which counsel shall confirm that all discovery, including exculpatory evidence and a written witness list including the names and addresses of persons a party intends to call as witnesses at trial, has been exchanged consistent with the provisions of Penal Code sections 1054, 1054.1, 1054.3, 1054.7 and any other statutory provisions governing the exchange of discovery.

CRITICAL

Applies to

Pretrial submissions

All parties must serve and file the listed pretrial materials no later than 14 days before trial, or earlier if ordered by the Court.

No later than 14 days before the first day of trial, or on an earlier date if ordered by the Court, all parties shall serve and file the following: 1) A statement of the case, including but not limited to, a summary of the case; the efforts made to resolve the case, including offers made, response and counter-offers; and identification of any complex legal or evidentiary issues with a supporting memorandum of points and authorities; 2) Witness List; 3) Exhibit List; 4) Requests for CALCRIM and Special Jury Instructions. Counsel may submit a list of requested CALCRIM instructions by title and number but shall provide complete proposed instructions for the following: charge specific instructions (CALCRIM 500-3002); instructions related to enhancements and sentencing factors (CALCRIM 3100-3261); instructions for completion of verdict forms if multiple counts are charged or lesser included offenses are applicable (CALCRIM 3515-3519); and any special jury instructions; 5) Proposed prospective juror questionnaires and proposed questions, if any, for the Court to ask prospective jurors during voir dire examination; and 6) Motions in limine not previously filed and heard pursuant to Rule 9.02.

CRITICAL

Applies to

Mental health diversion application or petition

Defense counsel must file and serve the diversion application or petition and notice it for the regular Mental Health Court initial-review date and time, unless the Court designates another time.

Defense counsel shall file an Application or Petition for Mental Health Diversion (MHD), pursuant to section 1001.36, with the court and serve the prosecutor with a copy. The Application or Petition shall be noticed for the regular date and time of the Mental Health Court for initial review or at such other time as may be designated by the Court.

CRITICAL

Applies to

Assessment report

The defendant must participate in a Mental Health Diversion Assessment and, as necessary, a Drug and Alcohol Abuse Assessment; reviewed records must be attached, and the assessment and records must be filed with the application and served on the district attorney’s office.

In addition to the Application or Petition, the defendant will need to participate in a Mental Health Diversion Assessment, typically administered by Siskiyou County Behavioral Health. As necessary, the defendant would need to participate in a Drug and Alcohol Abuse Assessment. Any records or documents reviewed by the clinician who prepares any assessment shall be attached to the assessment report. The assessment, along with any records shall be filed with the court at the time of filing the Application or Petition and served on the district attorney’s office.

CRITICAL

Applies to

Treatment plan

At the treatment-plan hearing, the plan must be provided to the district attorney and defense attorney and filed with the court.

At the hearing, a copy of the treatment plan shall be provided to the district attorney and defense attorney, and it will be filed with the court.

CRITICAL

Applies to

Progress report

Each progress report must detail progress on every specified treatment-plan element.

A progress report shall describe, in detail, all progress made on each specified element of the treatment plan.

CRITICAL

Applies to

Trial de novo request

In order to have a trial de novo, the defendant must submit a written request on Judicial Council form TR-220 and pay the total amount due within the time specified in the notice.

In order to have a trial de novo, the defendant must submit a written request on Judicial Council form TR-220 and pay the total amount due within the time specified in the notice.

CRITICAL

Applies to

Ex parte application

A completed Declaration Re Ex Parte Notice form from Appendix 3 must be submitted with a Family Code ex parte application.

For ex parte matters made pursuant to the Family Code, the form “Declaration Re Ex Parte Notice” (Appendix “3”) must be completed by counsel or self- represented party and submitted with the ex parte application.

CRITICAL

Applies to

Ex parte application

An ex parte application must include an affidavit or declaration with a sufficient factual basis under the cited statutes, and counsel may not supplement it with verbal statements.

Orders will be issued ex parte only if the application is accompanied by an affidavit or declaration adequate to support its issuance under Family Code §6300 and Code of Civil Procedure §527. If the affidavit or declaration does not contain a sufficient factual basis for a requested order, it will not be granted. Counsel will not be permitted to augment affidavits or written declarations by verbal statements.

CRITICAL

Applies to

Stipulation

Stipulations must be in writing.

2) All stipulations must be in writing and submitted to the Court prior to or at the calendar call on the date set for hearing.

CRITICAL

Applies to

Income and expense declaration

A complete, updated Income and Expense Declaration must be filed whenever a financial matter is at issue.

1) Income & Expense Declarations Must be Current. A complete, updated Income and Expense Declaration must be filed whenever a financial matter is at issue.

CRITICAL

Applies to

Unemployment declaration

An unemployed party must submit a declaration describing prior employment, earnings, reasons for termination, and current efforts to obtain employment.

3) Requirement of an Additional Factual Declaration When a Party is Unemployed. If a party is unemployed, that party must submit a declaration describing his or her previous employment, gross/net income earned when employed, and reasons for termination; it also must describe the party’s current efforts to obtain employment.

CRITICAL

Applies to

Tax return filing

A tax return filed with the Court must be attached to a separate identifying declaration conspicuously marked “CONFIDENTIAL TAX RETURN”.

Any tax return to be filed with the Court, whether it is the tax return of the person filing it or the tax return of any other person, must be attached to a separate declaration that identifies the tax return(s) being submitted and that is conspicuously marked: “CONFIDENTIAL TAX RETURN”.

CRITICAL

Applies to

Custody or visitation action

A custody or visitation action in the Family Law Department must disclose the status of any prior or pending Juvenile Court proceedings.

Neither counsel nor parties may bring an action for custody or visitation in the Family Law Department without disclosing to the Court the status of any prior or pending Juvenile Court proceedings.

CRITICAL

Applies to

Motion

Reports concerning a child must not be attached to motions and must be provided to the Court or CCR Counselor when ordered.

Medical, psychological, educational or other types of reports concerning a child must not be attached to motions, but must be provided to the Court or CCR Counselor as may be ordered.

CRITICAL

Applies to

Statement of issues

For a contested trial, both parties must file and serve the statement of issues at least 10 days before trial or at least 2 days before a settlement conference.

When a matter is set for a contested trial, both parties must file and serve a “Statement of Issues, Contentions, and Proposed Disposition of the Case” (hereinafter referred to as the “statement of issues”) at least ten (10) days prior to the trial date or at least two (2) days prior to a Settlement Conference.

CRITICAL

Applies to

Exhibit list

The exhibit list, but not the exhibits themselves, must be lodged with the Court at trial.

A list of exhibits (not the exhibits themselves) must be lodged with the Court at time of trial.

CRITICAL

Applies to

Declaration in support of nullity

After the clerk enters default, a petitioner seeking nullity must file a Declaration in Support of Nullity setting out facts supporting the grounds for nullity.

After the default has been entered by the clerk, the petitioner must file a "Declaration in Support of Nullity". The contents of this declaration must set forth the facts that support a finding of fraud, prior existing marriage, unsound mind, force, physical incapacity, petitioner's incapacity by age at time of marriage, or other grounds for nullity [Family Code §2210.].

CRITICAL

Applies to

Default declaration

After respondent default is entered, the petitioner must file a completed default declaration identifying the orders to be included in the dissolution or legal-separation judgment.

After default of the respondent has been entered, the petitioner must file a completed form declaration for default that indicates which orders are to be included in the judgment of dissolution or legal separation.

CRITICAL

Applies to

Default judgment

A default judgment with an attached settlement agreement must comply with Family Code §2338.5, including the defaulting spouse’s notarized signature.

A default judgment with a settlement agreement attached is required to conform with Family Code §2338.5, requiring a defaulting spouse’s notarized signature.

CRITICAL

Applies to

Income and expense declaration

A completed income and expense declaration with the submitting party’s best estimate of the other party’s income is required when specified support, fee, or cost orders are requested in a default proceeding, subject to the stated spousal-support exception.

A fully-completed form income and expense declaration must be submitted where any one of the following orders is requested in a default proceeding: child support or waiver of child support; spousal support (except where a party reserves the Court's jurisdiction to award spousal support in the future); waiver or termination of spousal support in a long-term marriage (ten (10) years or more between the date of marriage and the date of separation); family support; or attorney's fees or costs. The declaration shall include the submitting party's best estimate of the other party's income.

CRITICAL

Applies to

Property declaration

When assets or debts are to be disposed of in a default proceeding, the petitioner must submit a completed property declaration proposing their division and file proof of service of the disclosure declaration.

If there are assets and/or debts to be disposed of by the Court in a default proceeding, the petitioner must submit a completed property declaration, consistent with the requests made in the petition, which sets out the proposed division of the assets and/or debts; the petitioner must also file a proof of service of the disclosure declaration.

CRITICAL

Applies to

Formal default judgment

The requesting party or attorney must prepare the formal default judgment, include all proposed provisions on the listed subjects through an incorporated settlement agreement or continuation pages, and ensure the defaulting spouse’s signature is notarized when applicable.

The party requesting a default judgment, or the party’s attorney, must prepare the formal judgment and when a default judgment includes a marital settlement agreement or stipulated judgment, the signature of the spouse who defaulted must be notarized. All proposed provisions relating to child custody, visitation, child support, attorney's fees and costs, property, and injunctive orders must be set forth in the formal judgment, either by attaching and incorporating a copy of the parties’ marital settlement agreement addressing these issues, or by attaching continuation pages containing the orders the party has requested.

CRITICAL

Applies to

Default judgment

A judgment reserving jurisdiction over child support must state substantially the specified reservation language.

A reservation of jurisdiction over the issue of child support must be stated in substantially the following language: "The Court reserves jurisdiction to award child support without prejudice to any action brought by the designated Child Support Agency."

CRITICAL

Applies to

Child support order

A child-support order covered by the TANF provision must specify that payments are to be made to the designated support agency.

All such orders for child support must specify that payments will be made to the designated support agency.

CRITICAL

Applies to

Proposed judgment

A proposed judgment must address spousal support for both parties when the petitioner requests support.

If the petitioner requests spousal support, he or she must address the issue of spousal support for both parties in the proposed judgment.

CRITICAL

Applies to

Spousal support order

Spousal support orders must state the amount and payment dates, and generally must state the events that terminate support.

All orders for spousal support must state the amount of support, the dates payable, and, unless there is an agreement to the contrary, that support will terminate on the death of either party or on remarriage of the supported party.

CRITICAL

Applies to

Judgment

A judgment referring to real property must identify it by complete legal description and common address.

All real property referred to in the judgment must be identified therein by its complete legal description and common address.

CRITICAL

Applies to

Attorney fee request

A request for attorney’s fees exceeding $1,000 must include a declaration stating counsel’s time and hourly rate, or the matter may be set for an uncontested hearing.

Any request for an award of attorney's fees in an amount greater than $1,000.00 must be supported by a factual declaration indicating the amount of time the attorney spent on the case and the attorney's hourly rate. Alternatively, the matter may be set for an uncontested hearing on this issue.

CRITICAL

Applies to

Judgment

Restraining orders must appear in the body of the judgment and include an expiration date.

Any and all restraining orders must be stated in the body of the judgment and must include the date of expiration.

CRITICAL

Applies to

Proposed judgment submission

With the proposed judgment and required forms, the petitioner must submit an original and two copies of Form FL-190 and two prepaid, addressed envelopes.

The petitioner must submit, together with the proposed judgment and any forms required above, an original and two copies of the form “Notice of Entry of Judgment” [Judicial Council Form FL-190]. The petitioner must also submit two (2) first-class postage prepaid envelopes, addressed to the parties as listed on the notice of entry of judgment.

CRITICAL

Applies to

Property settlement agreement

The petition refers to the property settlement agreement; or the agreement or a separate stipulation signed and filed by the parties and their respective attorneys, if any, provides that the agreement may be presented for Court approval and incorporation; or both parties and their respective attorneys, if any, have endorsed their approval of the agreement on the stipulation for judgment.

The petition refers to the property settlement agreement; or the agreement or a separate stipulation signed and filed by the parties and their respective attorneys, if any, provides that the agreement may be presented for Court approval and incorporation; or both parties and their respective attorneys, if any, have endorsed their approval of the agreement on the stipulation for judgment.

CRITICAL

Applies to

Property settlement agreement

The property settlement agreement must be signed by the parties.

The agreement has been signed by the parties.

CRITICAL

Applies to

Property settlement agreement

(a) If both parties are represented by counsel, the agreement has been signed by both attorneys; (b) If only one party is represented by counsel, the attorney for that party has signed the agreement and the self-represented party has signed a statement that he or she has been advised to consult an attorney regarding the agreement, but has declined to do so; (c) If neither party is represented by counsel, any party who has not appeared before the Court has acknowledged in the agreement that he or she is aware of the right to consult an attorney.

(a) If both parties are represented by counsel, the agreement has been signed by both attorneys; (b) If only one party is represented by counsel, the attorney for that party has signed the agreement and the self-represented party has signed a statement that he or she has been advised to consult an attorney regarding the agreement, but has declined to do so; (c) If neither party is represented by counsel, any party who has not appeared before the Court has acknowledged in the agreement that he or she is aware of the right to consult an attorney.

CRITICAL

Applies to

Uncontested judgment

Obtaining an uncontested judgment requires filing Form FL-130 or its equivalent.

An uncontested judgment may be obtained only upon the filing of a form “Appearance, Stipulation and Waivers” [Judicial Council Form FL-130], or its equivalent.

CRITICAL

Applies to

Uncontested judgment

The moving party must file a completed Form FL-170.

The moving party must also file a completed form “Declaration for Default or Uncontested Dissolution” [Judicial Council Form FL-170]. [Family Code §2336.]

CRITICAL

Applies to

Stipulated nullity judgment

Stipulated nullity judgments must be presented to the Family Law Department clerk with the judgment, three copies of the notice of entry, and properly addressed stamped envelopes.

Stipulated nullity judgments must be presented to the clerk of the Family Law Department along with the judgment for nullity, three copies of the notice of entry of judgment, and properly addressed stamped envelopes.

CRITICAL

Applies to

Proposed judgment

A completed Judicial Council Form FL-350 or equivalent must be attached to a proposed judgment that includes stipulated child or family support orders.

In addition to any marital settlement agreement or stipulated judgment, the parties must complete and attach to the proposed judgment a form "Stipulation to Establish or Modify Child or Family Support and Order" [Judicial Council Form FL- 350], or its equivalent.

CRITICAL

Applies to

Stipulation to establish or modify child or family support

If support collection rights have been assigned to the designated child support agency, its representative must sign the stipulation and the child support order must direct payment to that agency.

If one of the parties has assigned the right to collect support to the designated child support agency, then a representative thereof must sign the stipulation to establish or modify a child or family support order, and the order for child support must specify that payment is to be made to the designated agency.

CRITICAL

Applies to

Judgment

If the parties intend the marital settlement agreement's terms to become the judgment's terms, the agreement must be incorporated into the judgment.

Where parties intend that the terms of the marital settlement agreement will become the terms of the judgment, the marital settlement agreement must be incorporated into the judgment.

CRITICAL

Applies to

Probate pleading or document

A probate pleading or document not filed on a Judicial Council form must identify in its caption the statutory provision under which it is filed.

If a probate pleading or other probate document is not filed on a Judicial Council form, the caption must include a reference to the statutory provision under which the matter is filed.

CRITICAL

Applies to

Probate pleading

The caption of a pleading must indicate when any part of the estate is to be distributed to a trust.

If, in the pending proceeding, any part of an estate is to be distributed to a trust, the caption of the pleading must so indicate.

CRITICAL

Applies to

Notice

A party requesting clerk posting of a notice must make the request in writing and provide the clerk an extra copy.

When posting of notice by the clerk is required, the party who requests the posting must do so in writing, and must provide the court clerk with an extra copy of the notice.

CRITICAL

Applies to

Probate order

Probate orders and decrees must be understandable without consulting the petition and must state the hearing date, findings, relief, and affected persons, property, or amounts with the particularity required for civil judgments.

All probate orders or decrees must be complete in themselves (i.e., they must be worded so that their general effect can be determined without reference to the petition on which they are based). Orders and decrees must set forth the date of hearing; the Court’s findings; the relief granted; and the names of persons, and descriptions of property or amounts of money, that are affected by the order, all with the same particularity as is required of judgments in civil matters.

CRITICAL

Applies to

Proposed order

Orders for continuing payments must specify a start date and an end date or period, and may not require payments to continue until further order.

All proposed orders for continuing payments must provide that the payments will commence on a date certain and will continue until a) a date certain or b) for a specified period. The Court will not make orders that require continuing payments to run “until further order”.

CRITICAL

Applies to

Probate order

An order distributing estate assets to a testamentary-trust trustee must include all relevant will or codicil provisions, stated in the present tense and third person so existing conditions are given effect.

Orders calling for distribution of estate assets to the trustee of a testamentary trust must set forth all provisions of the will or codicil relating to the trust or trustees, in a manner that will give effect to existing conditions at the time distribution is ordered. Pertinent provisions must be set forth in the present tense and third person.

CRITICAL

Applies to

Ex parte application

Must include

proposed order

Unless an approved form petition and order is used, an ex parte application must include a separate, self-contained proposed order that states more than merely that the application is granted.

Except for form petitions and orders approved by the Judicial Council or this Court, all applications for ex parte orders must be accompanied by a separate proposed order, complete in itself. It is not sufficient for such order to provide merely that the application has been granted.

CRITICAL

Applies to

Ex parte application

An ex parte application must state that special notice was not requested or that requested special notice was waived, identify the persons who requested it, and include any waiver.

All applications for ex parte orders must contain an allegation that no special notice has been requested, or an allegation that any requested special notice has been waived (with identification of the persons requesting special notice). Any waiver of special notice must be filed with the application.

CRITICAL

Applies to

Ex parte petition

An ex parte petition to sell stock or personal property must state whether the property is specifically devised and, if it is, include the specific devisee’s consent.

Ex parte petitions for orders for sale of stock or personal property must allege whether or not the property is specifically devised. If so, the consent of the specific devisee must accompany the petition.

CRITICAL

Applies to

Nunc pro tunc correction request

A clerical error in a minute order or signed decree must be brought to the Court’s attention by affidavit or duly executed declaration under Code of Civil Procedure §473 for the Court to make a nunc pro tunc correction.

If, through any inadvertence, the minute order or the signed decree fails to state the order that was actually made by the Court, and such inadvertence is brought to the attention of the Court by affidavit or duly- executed declaration pursuant to Code of Civil Procedure §473, then the Court will, on its own motion, make a nunc pro tunc order correcting the mistake.

CRITICAL

Applies to

Proposed nunc pro tunc order

A proposed nunc pro tunc order must not be an amended order and must substantially follow the specified form.

The proposed nunc pro tunc order must not take the form of an amended order, and must be in substantially the following form: "Upon consideration of the affidavit or declaration of [name] to correct a clerical error, the [identity of the order to be corrected, giving the title and date thereof] is corrected, on the Court's own motion, by striking the following [here set out the matter to be eliminated] and by inserting in lieu thereof the following: [here set out the correct matter]. This order is entered nunc pro tunc as of [here insert the date the incorrect order was signed]."

CRITICAL

Applies to

Proposed nunc pro tunc order

Submit the proposed nunc pro tunc order to the court clerk with the affidavit or declaration reporting the error.

The proposed order must be submitted to the court clerk along with the affidavit or declaration that brings the error to the Court’s attention.

CRITICAL

Applies to

Probate petition

The probate petition must identify the actual or nominated trustee of a beneficiary trust by name and title as a devisee or legatee; if that sole trustee is also the personal representative, the petition must list the trust’s individual beneficiaries and they must receive notice.

As to the actual or nominated trustee of a trust that is a beneficiary of the decedent’s estate, said trustee must be listed by name and title as a devisee or legatee, and, if a sole trustee is also the personal representative of the estate, the individual beneficiaries of the trust must be listed in the petition and be given notice of the proceedings. [Probate Code §1208.]

CRITICAL

Applies to

Probate petition

The probate or letters of administration petition must list all contingent heirs, devisees, and legatees so each receives mailed notice of the petition hearing.

As to contingent heirs, devisees and legatees, all such persons must be listed in the petition for probate or for letters of administration so that each will receive notice by mail of the hearing on the petition.

CRITICAL

Applies to

Probate petition

A will or codicil omitted from the original petition must be presented through an amended or second petition, and new notice must be published.

Every will or codicil not specifically mentioned in the original petition must be presented to the Court by way of an amended petition or a second petition, and new notice thereof must be published.

CRITICAL

Applies to

Probate filing

A copy of the document offered for probate must be attached and marked as an exhibit.

is filed, a copy of the document(s) being offered for probate must be attached thereto and marked as an exhibit.

CRITICAL

Applies to

Probate filing

If a handwritten will or codicil is submitted as a photographic copy, a typewritten copy of its text must also be attached.

If the will or codicil is handwritten and a photographic copy is attached, then a typewritten copy of the text of the document must be attached as well.

CRITICAL

Applies to

Proof of subscribing witness

Proof offered by a subscribing witness for an unverified attestation clause must be filed on Judicial Council form DE-131.

If the attestation clause is unverified, any proof offered by a subscribing witness must be filed on Judicial Council form DE-131.

CRITICAL

Applies to

Petition

A petition must allege that bond has been waived when waiver occurs in the will or codicil or through duly executed and filed waivers by all beneficiaries.

If bond has been waived in the will or codicil, or if it is waived by all beneficiaries of the will by way of duly executed and filed waivers of bond, then the fact that bond has been waived must be alleged in the petition.

CRITICAL

Applies to

Interim account

An interim account for an estate with a posted bond must separately state the bond amount, specified property value and income figures, and whether additional bond is required.

Every interim account for an estate in which bond has been posted must include a separate paragraph alleging a) the total amount of the posted bond; b) the appraised value of personal property on hand plus the estimated annual income to the estate from real and personal property; and c) a statement concerning any additional bond thereby required.

CRITICAL

Applies to

Petition for settlement of account

Whenever appropriate, a prayer for increase or decrease of the posted bond must be included in the petition for settlement of the account.

Whenever appropriate, a prayer for increase or decrease of the posted bond must be included in the petition for settlement of the account.

CRITICAL

Applies to

Petition for family allowance

A petition for a family allowance must state estimated monthly income; the provided text ends before completing the requirement.

Every petition for a family allowance must set forth estimated monthly income, including

CRITICAL

Applies to

Petition

The petition must address available government benefits and, if it seeks an allowance over $1,000 per month, include an itemized estimate of monthly expenses.

receipt of any available government benefits; and if the petition seeks an allowance in excess of $1,000 per month, it must include an itemized estimate of monthly expenses.

CRITICAL

Applies to

Proposed letters

Proposed Letters must be complete, state independent powers on the Letters or a referenced attachment, and include the date and place of oath execution.

Proposed Letters submitted for issuance must be complete in every aspect. Independent powers must be specifically stated on the face of the Letters or in a referenced attachment; and execution of the oath must include date and place.

CRITICAL

Applies to

Petition for final distribution

A petition for final distribution must include the listed matters unless they are set forth in the account and report.

In addition to items otherwise required by law, a petition for final distribution must include the following matters, unless set forth in the account and report:

CRITICAL

Applies to

Petition for final distribution

The petition must fully describe all assets, including cash, promissory-note security status and any security interest, and complete legal descriptions of real property; references to the inventory and appraisal are not acceptable.

A full and complete description of all assets to be distributed. The description must include all cash on hand and must indicate whether or not promissory notes are secured or unsecured. If secured, the security interest must be described. Real property must include a complete legal description. Note: descriptions made by reference to the inventory and appraisal are not acceptable.

CRITICAL

Applies to

Petition for final distribution

The petition must state facts showing each heir’s entitlement to the portion of the estate to be distributed to that heir, including information concerning predeceased children.

Facts specifically showing the entitlement of each heir to the portion of the estate to be distributed to that heir, including any information concerning predeceased children.

CRITICAL

Applies to

Petition for final distribution

The petition must compute requested attorney fees and representative commissions; when an accounting is waived and statutory compensation is based on probate receipts, it must state the computation method and allege that the receipts have been or will be reported on the estate’s fiduciary income tax returns.

A computation of the attorney fees and representative commissions being requested, even if an accounting is waived. Where an accounting is waived and the statutory compensation is based upon receipts during probate, the method of computation must be set forth, together with an allegation that such receipts have been or will be reported on fiduciary income tax returns for the estate.

CRITICAL

Applies to

Petition for final distribution

An application for extraordinary-services compensation will not be considered unless the petition caption and prayer and the notice regarding distribution refer to it.

Applications for compensation for extraordinary services will not be considered unless the caption and prayer of the petition, and the notice re distribution, contain a reference to such application for extraordinary compensation.

CRITICAL

Applies to

Petition for final distribution

The petition must include a statement regarding payment of all taxes under Probate Code §9650(b).

A statement regarding payment of all taxes pursuant to Probate Code §9650(b).

CRITICAL

Applies to

Petition for final distribution

The petition must allege payment of legal advertising, bond premiums, probate referee’s fees, and administration costs; the final account will not be approved and termination will not be granted unless the Court is satisfied all administration costs have been paid.

An allegation that all legal advertising, bond premiums, probate referee’s fees, and costs of administration have been paid. (Note: the final account will not be approved, and neither will a petition to terminate proceedings be granted, unless the Court is satisfied that all costs of administration, including charges for legal advertising, have been paid.)

CRITICAL

Applies to

Petition for final distribution

The petition must include a claims schedule listing each claimant, amount claimed, presentation and allowance dates, and payment date if paid.

A schedule of claims showing the name of the claimant, amount claimed, date presented, date allowed, and, if paid, the date of payment.

CRITICAL

Applies to

Petition for final distribution

For rejected claims, the petition must state the rejection date, and the original rejection notice with an affidavit of mailing to the creditor must be filed.

As to any rejected claims, the date of rejection must be set forth; and the original of the notice of rejection, with affidavit of mailing to the creditor, must be filed.

CRITICAL

Applies to

Petition for final distribution

The petition must itemize costs paid or claimed for reimbursement by counsel or the personal representative; ordinary overhead such as document duplication, long-distance charges, and automobile mileage is not a proper cost item.

An itemization of costs for which counsel or the personal representative has been paid or is seeking reimbursement. Ordinary overhead items, including but not limited to costs of duplication of documents, long distance charges, and automobile mileage, are not proper cost items.

CRITICAL

Applies to

Petition for final distribution

The petition must include a schedule showing any proration of taxes, fees, and costs.

A schedule showing the proration, if any, of taxes, fees, and costs.

CRITICAL

Applies to

Petition for final distribution

If the character of property may affect distribution, the petition must identify which assets are separate property and which are community property.

In all cases where the character of property may affect distribution of the estate, a statement or listing of which assets are separate property and which assets are community property.

CRITICAL

Applies to

Petition for final distribution

If distribution is made under an assignment of interest, the petition must state the assignment’s details, including consideration, and the acknowledged assignment must be filed with the Court.

If distribution is to be made pursuant to an assignment of interest, then the details of the assignment, including the consideration therefore, shall be set forth in the petition; and the acknowledged assignment shall be filed with the Court.

CRITICAL

Applies to

Petition for final distribution

The petition must list the names and current addresses of all affected persons and identify each as an adult or minor.

The names and current addresses of all persons who are affected by the petition; each such person must be identified as an adult or a minor.

CRITICAL

Applies to

Petition for final distribution

If property is to be distributed to a minor, the petition must state the minor’s present age.

If property is to be distributed to a minor, the minor's present age must be indicated.

CRITICAL

Applies to

Petition for final distribution

If a trust will distribute property to a beneficiary upon reaching a specified age, the petition must allege the distributee’s present age.

If a trust is established in which property will be distributed to a beneficiary upon reaching a given age, the petition must allege the present age of the distributee.

CRITICAL

Applies to

Petition for final distribution

For distribution to a minor or an incompetent, the petition must allege facts showing compliance with Probate Code §3300 et seq.; the excerpt also begins an alternative involving current certified guardianship letters but ends before stating it completely.

If the distribution is to be made to a minor or an incompetent, then facts showing compliance with Probate Code §3300, et seq., must be alleged; alternatively, current certified copies of letters of guardianship or

CRITICAL

Applies to

Distribution agreement

For a qualifying unequal in-kind distribution, each heir and devisee must sign an acknowledged agreement accepting the distribution plan, and the agreement must be filed with the Court.

If the decree of distribution requires in-kind distribution of assets with the result that all heirs and devisees will not share equally in each asset, and the distribution is other than pursuant to the will or the laws of intestate succession, then an agreement indicating acceptance of the plan of distribution must be signed by each heir and devisee (with the signatures acknowledged) and filed with the Court.

CRITICAL

Applies to

Petition and order or decree

A petition and the order or decree must state the full terms of any testamentary trust rather than incorporate them by reference.

The terms of any testamentary trust must be set out in full in the petition and in the order or decree, and not merely be incorporated by reference.

CRITICAL

Applies to

Trust distribution filing

When distribution is to a trust, the Court must receive either an acknowledged trustee acceptance statement or a petition to designate a substitute trustee.

If distribution is to be made to a trust, then either an acknowledged statement by the trustee accepting the property under the terms of the trust, or a petition by the executor or administrator for the designation of a substitute trustee, must be filed with the Court.

CRITICAL

Applies to

Probate account

Accounts filed in probate, guardianship, conservatorship, and trust proceedings must comply with Probate Code §§1060 et seq.

All accounts filed in probate proceedings, including guardianship, conservatorship, and trust accounts, shall comply with Probate Code §§1060 et seq..

CRITICAL

Applies to

Accounting waiver

Only waivers given by competent adults are effective.

Only waivers given by competent adults are effective.

CRITICAL

Applies to

Accounting waiver

All waivers must be filed with the Court or endorsed on the petition.

All waivers must be filed with the Court or endorsed on the petition.

CRITICAL

Applies to

Interim decedent estate account

Interim estate accounts filed by individual fiduciaries must include original statements verifying closing-date bank or investment balances, and the account balances must reconcile to those statements.

Interim accounts in decedents estate matters that are filed by individual fiduciaries (as opposed to final accounts, or accounts by institutional fiduciaries) must be supported by original statements verifying the balances of bank or investment accounts on the closing date of the estate accounting period). Balances shown in the estate accounting must be reconciled to the statements from the financial or investment institution.

CRITICAL

Applies to

Petition to establish fact of death

Must include

exhibit list

A petition to establish the fact of death for termination of a joint tenancy or life estate must be verified and include copies of the property-interest instrument and death certificate as exhibits.

A petition to establish the fact of death (to terminate a joint tenancy or life estate) must be verified, and must have the following documents attached as exhibits: 1) a copy of any instrument relating to any interest in the property; and 2) a copy of the death certificate.

CRITICAL

Applies to

Spousal property petition

A community-property determination or confirmation petition must be filed separately from a petition for probate of a will or for letters of administration.

A petition for determination and/or confirmation of community property must be filed as a separate petition from a petition for probate of will or for letters of administration.

CRITICAL

Applies to

Petition to determine or confirm community property

A petition to determine or confirm community property must include the listed allegations and supporting information.

A petition to determine and/or confirm community property must include the following allegations and supporting information: 1) Date and place of marriage; 2) Whether or not decedent owned any real or personal property on the date of marriage (if so, describe the property and state the approximate value on the date of marriage and at present); 3) Decedent's occupation at time of marriage; 4) Decedent's net worth at time of marriage; 5) Whether or not decedent received property after the date of marriage by gift, bequest, devise, descent, or as proceeds from life insurance or joint tenancy survivorship (if so, describe the asset and give approximate date of receipt and approximate value on the date of receipt and at present); 6) If property was received by decedent pursuant to item (5), above, whether or not it is still a part of the estate; 7) The date decedent first came to California; 8) The decedent's net worth upon arrival in California; 9) Any additional facts upon which the community property claim is based; and,

CRITICAL

Applies to

Petition to determine or confirm community property

If a community-property claim is based on a document, a copy must be attached to the petition, preferably a photocopy showing signatures.

10) If the claim is based on any document, a copy must be attached to the petition, preferably a photocopy showing signatures.

CRITICAL

Applies to

Notice of sale

A notice of sale must state the property's street address, if any, or, if none, describe its location in addition to giving its legal description.

The notice of sale of real property must set forth the street address of the property, if any; if there is no street address then the notice must describe the location of the property in addition to providing the legal description.

CRITICAL

Applies to

Petition for confirmation of sale

A petition for confirmation of sale must allege that the sale occurred within 30 days before the petition was filed.

Pursuant to Probate Code §10308, any petition for confirmation of sale must allege that the sale was made within 30 days prior to the date on which the petition was filed.

CRITICAL

Applies to

Return of sale and petition for confirmation

The return of sale and petition for confirmation must allege the specific date of sale.

The specific date of sale must be alleged in the return of sale and petition for its confirmation.

CRITICAL

Applies to

Report of sale

The Report of Sale filed with the Court must state the sale's terms and conditions, using specific attachments if necessary; merely attaching the sales contract is insufficient and discouraged in most cases.

The terms and conditions of the sale must be stated in the Report of Sale filed with the Court, as specific attachments if necessary. Merely attaching a copy of the sales contract is not sufficient to satisy this requirement and is, in fact, discouraged in most cases.

CRITICAL

Applies to

Attorney fee petition

Petitions requesting ordinary or extraordinary attorney fees must request a specific sum, not merely a reasonable amount.

In all petitions requesting attorney fees, both ordinary and extraordinary, a specific sum (not merely a "reasonable amount") must be requested.

CRITICAL

Applies to

Petition for extraordinary fees or commissions

A petition requesting fees or commissions above statutory compensation must include an itemized declaration of services, amounts for each service and in total, and a reference to the additional fees in the caption and prayer.

A petition filed under any provision of the Probate Code which requests fees or commissions in excess of the authorized statutory compensation must include: 1) a declaration by the attorney, personal representative, trustee, or other fiduciary stating the services rendered, or to be rendered, by each of them, itemized by date, time and service rendered; 2) the amount requested for each item of service, together with the total amount requested; and 3) a reference in the caption and prayer to the additional fees.

CRITICAL

Applies to

Notice of hearing

The notice of hearing on a petition requesting extraordinary fees or commissions must include that request.

In addition, the request for extraordinary fees and/or commission must be included in the notice of hearing on the petition.

CRITICAL

Applies to

Guardianship appointment petition

When filing a guardianship appointment petition, the petitioner must provide an additional copy of the petition and all supporting documents for the clerk to transmit to the investigating agency.

When a petition for appointment of guardian is filed, the petitioner must provide an additional copy of the petition and of all supporting documents for transmittal by the clerk to the appropriate investigating agency.

CRITICAL

Applies to

Petition for appointment of conservator

When filing a conservatorship petition, the petitioner must submit a completed Form GC-330 for court approval and give the clerk an additional copy for transmittal to the Court Investigator after appointment.

When a petition for appointment of a conservator is filed, the petitioner must also submit a fully completed Judicial Council Form GC-330, “Order Appointing Court Investigator”, for the Court’s approval, and must provide the clerk with an additional copy of that document for transmittal to the Court Investigator after the appointment has been made.

CRITICAL

Applies to

Petition for appointment of conservator

The petitioner must submit an extra copy of the petition and all supporting documents to the Court Clerk when filing.

For the same purpose, the petitioner must submit an extra copy of the petition and all supporting documents to the Court Clerk at the time of filing.

CRITICAL

Applies to

Request to sell residence

A request to sell a ward’s or conservatee’s current or former residence must include the information required by Probate Code §2540(b).

A request for authority to sell the current or former residence of a ward or conservatee must include the information that is required by Probate Code §2540(b).

CRITICAL

Applies to

Order and letters

Any independent powers granted by the Court must be stated at length in both the Order and the Letters.

Any independent powers that are granted by the Court must be set forth at length in the Order and in the Letters.

CRITICAL

Applies to

Letters

New Letters must issue when powers are granted by a subsequent order or previously granted independent powers are withdrawn or limited.

If the powers are granted by a subsequent order, or if independent powers already granted are withdrawn or limited, new Letters must be issued.

CRITICAL

Applies to

Acknowledgment of Receipt of Handbook form (Judicial Council form GC-362)

Covered conservators must file Judicial Council form GC-362 no later than five days before the appointment hearing.

Every conservator appointed by this Court, with the exception of those excluded by Rule 9.23.B, below, must acknowledge that they have received or accessed electronically the conservator’s handbook as adopted by the Judicial Council. Each conservator must file an Acknowledgment of Receipt of Handbook form (Judicial Council form GC-362) not later than five (5) days before the scheduled hearing on the petition for appointment of conservator.

CRITICAL

Applies to

Blocked account withdrawal application

An application to withdraw funds from a blocked account must be verified and include the minor’s certified birth certificate and one of the specified account records.

Every application for an order to withdraw funds from a blocked account must be verified. The following documents must be attached to the application: (a) a certified copy of the birth certificate of the minor, and (b) either (i) an updated savings passbook or a statement showing all deposits and withdrawals since the account was opened, or (ii) a letter from the depository identifying the account and setting forth the dates and amounts of all deposits and withdrawals, along with the current balance.

CRITICAL

Applies to

Blocked account withdrawal petition

For a withdrawal petition involving a minor age fourteen or older, both the minor and the guardian or trustee must sign.

If the minor is fourteen years of age or older, he or she (as well as the guardian or trustee) must sign the petition.

CRITICAL

Applies to

Blocked account withdrawal petition

A withdrawal petition other than one seeking payment of taxes must include a financial declaration from the parent or parents, and Judicial Council Form FL-150 is recommended.

Except for petitions for withdrawals to pay taxes, a financial declaration by the parents or parent describing his, her, or their income and expenses must be attached to the petition (Judicial Council Form FL-150 is recommended).

CRITICAL

Applies to

Blocked account withdrawal application

The application must include a statement about the minor’s employment and any income, along with copies of bills, statements, or letters related to the request.

Also, a statement regarding the minor's employment and income, if any, must be attached to the application. Copies of bills, statements, or letters related to the request also must be attached.

CRITICAL

Applies to

Blocked account withdrawal petition

If the application is for payment of taxes on the minor's funds, copies of the applicable tax returns must be submitted with the petition, but must not be attached to the petition, and must be marked "confidential".

If the application is for payment of taxes on the minor's funds, copies of the applicable tax returns must be submitted with the petition, but must not be attached to the petition, and must be marked "confidential".

CRITICAL

Applies to

Blocked account withdrawal petition

A vehicle-purchase withdrawal petition must include the proposed purchase/sale agreement specifying the vehicle type, year, price, and payment terms.

If the requested withdrawal is for the purchase of a vehicle, a copy of the proposed purchase/sale agreement must be attached to the petition; the agreement must show the type of vehicle, year, purchase price, and whether the payment will be made in full or in specified installments.

CRITICAL

Applies to

Blocked account withdrawal petition

A vehicle-purchase withdrawal petition must include an insurance quote showing the required liability coverage and identify who will pay for the insurance.

In addition to the aforesaid agreement, a casualty insurance quote must be attached to the petition; the quote must show that the minimum public liability coverage equals or exceeds the funds that will remain on deposit after the purchase, and the petition must identify the person or persons who will pay for the insurance.

CRITICAL

Applies to

Blocked account withdrawal petition

A petition seeking withdrawal for specified medical care or a legal matter must explain why the expense is necessary and why insurance or another resource does not cover it.

If the request for withdrawal pertains to medical care for an accident or other casualty, or for a legal matter, the petition must explain why the expense is necessary and why it is not covered by insurance or other resource.

CRITICAL

Applies to

Blocked account withdrawal petition

A petition seeking reimbursement for an expense already paid must include proof of payment, such as a canceled check or receipt.

If the request is for reimbursement for an expense already paid, then proof of payment (i.e., cancelled check or receipt) must be attached to the petition.

CRITICAL

Applies to

Account

Accounts must conform to Probate Code section 1060 et seq. and Appendix 6 of the local rules.

The form of accounts shall conform to Probate Code §1060, et seq., and to Appendix 6 of these Rules.

CRITICAL

Applies to

Guardianship accounting

When a guardian accounts for more than one ward in the same proceeding, the accountings must be presented separately for each ward.

When a guardian accounts for the assets of more than one ward in the same proceeding, the accounting for each ward must be set forth separately.

CRITICAL

Applies to

Final report and account

When a proceeding ends because the ward or conservatee has died, the final report and account must state either that notice was given to the Director of Health Services or that notice was not required.

Upon termination of a proceeding due to the death of the ward or conservatee, the final report and account must contain either an allegation that notice of said death was provided to the Director of Health Services (as required by Probate Code §215) or an allegation that no such notice is required.

CRITICAL

Applies to

Petition for termination and final account

When the cited Probate Code provisions are used, the petition for termination and final account must include a declaration from each person entitled to distribution.

If the provisions of §§13100 et seq. are utilized, the petition for termination and the final account must include a declaration, pursuant to Probate Code §13101, from each person entitled to distribution of the estate.

CRITICAL

Applies to

Notice of filing casa report

The required pickup-box notice must be entitled “Notice of Filing CASA Report” and state the case caption, case number, and that the Report was placed in the pickup box.

Whenever CASA delivers a CASA Report to a party’s attorney by use of the attorney’s pickup box maintained by the Clerk of the Court, CASA must immediately serve upon that same attorney, by postage-prepaid first-class mail, a document entitled "Notice of Filing CASA Report" which states the caption of the cause and its case number, and further states that the Report has been placed in said pickup box. This Notice will be required only if the Report so delivered is filed with the Court.

CRITICAL

Applies to

Mediation participation

All mediation participants must sign a confidentiality agreement before participating.

All participants in mediation will be required to sign a confidentiality agreement prior to participation.

CRITICAL

Applies to

Mediated agreement

Only written and fully approved mediated agreements may be presented to the Court for approval and issuance of orders.

Only written and fully approved mediated agreements may be presented to the Court for its approval and issuance of orders in compliance with the terms and conditions of the agreement.

CRITICAL

Applies to

Declaration re ex parte notice

The declaration must explain why any box in item 11 was checked.

EXPLAIN WHY YOU CHECKED ANY BOX IN ITEM 11:

CRITICAL

Applies to

Declaration re ex parte notice

A request to protect another person must state that person’s name, age, relationship to the applicant, and need for protection.

If you are asking that anyone else be protected, then his or her name, age, relationship to you, and need for protection must be stated.

CRITICAL

Applies to

Case party information form

The following information is required by Siskiyou County Superior Court for effective case management.

The following information is required by Siskiyou County Superior Court for effective case management.

CRITICAL

Applies to

Adoption records inspection request

An adoption-record inspection request must state all reasons showing the necessity for inspection, using more than one paragraph.

I am requesting to inspect the adoption records for these reasons (state all reasons why there is a necessity for you to inspect the records, using more than one paragraph):

CRITICAL

Applies to

Financial report

Every financial report required by the Probate Code must include the specified account information in substantially the format shown.

The following information must be included in every financial report that is required pursuant to the Probate Code, and it must appear in substantially the format shown.

CRITICAL

Applies to

Financial report

The account summary must be supported by detailed schedules.

The summary must be supported by detailed schedules.

CRITICAL

Applies to

Financial report

Unless properly waived, receipts and disbursements schedules must state the nature or purpose and date of each item.

The schedules of receipts and disbursements, unless properly waived, must show the nature or purpose of each item, and the date thereof.

CRITICAL

Applies to

Financial report

The schedule of property currently on hand must describe every item and state its appraised value.

The schedule of property currently on hand must describe each item, and must indicate its appraised value.

WARNING

Applies to

Interpreter request

A party needing an interpreter for a hearing may request one, either personally (if unrepresented) or through counsel, by using Judicial Council Form INT-300.

A party needing an interpreter for a hearing may request one, either personally (if unrepresented) or through counsel, by using Judicial Council Form INT-300.

WARNING

Applies to

Ex parte petition

Conclusions or statements of ultimate fact alone are insufficient in a probate ex parte petition.

Conclusions or statements of ultimate fact are not sufficient.

WARNING

Applies to

Proposed order

The opposing party must promptly approve the proposed order or promptly object and state alternative proposed language.

The opposing party must either promptly approve or promptly object to the proposed order, stating alternative proposed language.

WARNING

Applies to

Letter

If there is a disagreement between the parties concerning the accuracy of the order, either party may ask the Court, by letter, to resolve the disagreement by reference to the applicable portions of the hearing transcript. A copy of the letter must be delivered to all other parties at the time it is delivered to the Court.

If there is a disagreement between the parties concerning the accuracy of the order, either party may ask the Court, by letter, to resolve the disagreement by reference to the applicable portions of the hearing transcript. A copy of the letter must be delivered to all other parties at the time it is delivered to the Court.

WARNING

Applies to

Proposed order

Unless the Court orders otherwise, the preparer need not obtain approval from an opposing party who is unrepresented; the Court reviews the proposed order for accuracy.

Unless otherwise ordered by the Court, the party preparing the proposed order need not obtain approval of the order from an opposing party who is unrepresented by counsel. The Court itself will review such proposed orders for accuracy.

WARNING

Applies to

Judgment

4) All judgments must be full and complete. Judgments that have exhibits are discouraged and may not be accepted. If such judgment is accepted, there must be a place for signature of the judge at the end of the attached exhibit.

4) All judgments must be full and complete. Judgments that have exhibits are discouraged and may not be accepted. If such judgment is accepted, there must be a place for signature of the judge at the end of the attached exhibit.

WARNING

Applies to

Mental health diversion application or petition

The Application or Petition should specify in detail: (a) The mental disorder at issue, including diagnostic and treatment history of said disorder. If the defendant suffers from multiple or co-occurring disorders, the application shall so specify. (b) A description of the nexus between defendant’s mental disorder and the charged offense; (c) The opinion of a qualified mental health expert indicating that the defendant’s symptoms motivating the criminal behavior would respond to mental health treatment; (d) A statement that the defendant consents to diversion and waives the right to a speedy trial; (e) A statement that the defendant agrees to comply with treatment as a condition of diversion; (f) A description of the proposed treatment plan. Said plan should include, at a minimum, a discussion of: i. Plan for receipt of medical / clinical treatment, including, if appropriate, plans for access to psychotropic medication; ii. Housing; iii. Insurance coverage / options for treatment; and iv. Available support systems, including family and/or mentor support.

The Application or Petition should specify in detail: (a) The mental disorder at issue, including diagnostic and treatment history of said disorder. If the defendant suffers from multiple or co-occurring disorders, the application shall so specify. (b) A description of the nexus between defendant’s mental disorder and the charged offense; (c) The opinion of a qualified mental health expert indicating that the defendant’s symptoms motivating the criminal behavior would respond to mental health treatment; (d) A statement that the defendant consents to diversion and waives the right to a speedy trial; (e) A statement that the defendant agrees to comply with treatment as a condition of diversion; (f) A description of the proposed treatment plan. Said plan should include, at a minimum, a discussion of: i. Plan for receipt of medical / clinical treatment, including, if appropriate, plans for access to psychotropic medication; ii. Housing; iii. Insurance coverage / options for treatment; and iv. Available support systems, including family and/or mentor support.

WARNING

Applies to

Statement of issues

For a disputed motor-vehicle valuation, the statement of issues or response must include either specified Blue Book pages or a website printout containing the listed vehicle and valuation details.

Copies of the appropriate pages of the Blue Book relied upon by counsel must be attached to the statement of issues or response thereto, and must include an indication of the year and volume of the relied- upon Blue Book. Alternatively, a print out from the Kelly Blue Book website may be provided. Such print out must include the year, make, model, mileage, condition, and options included in the valuation.

WARNING

Applies to

Statement of issues and contentions

A granted trial continuance may result in rescheduling pretrial conferences and may require an updated statement of issues and contentions to be filed and served before the new trial date.

Continuances of trial dates are subject to the Local Civil Rules relating to the continuances of civil trials. Any continuance so granted may be subject to rescheduling by the Court of any settlement or other pre-trial conference, and to the requirement of an updated statement of issues and contentions, to be filed and served prior to the new trial date in accordance with these Rules.

WARNING

Applies to

Stipulated nullity judgment

The Court may sign a stipulated nullity judgment without a hearing if the stipulation or an accompanying declaration states facts supporting the grounds for nullity.

Stipulated judgments for nullity of marriage may be signed by the Court without a hearing when the stipulation or an accompanying declaration contains facts supporting the grounds for nullity. [Family Code §2210.]

WARNING

Applies to

Income and expense declaration

The Court may require an Income and Expense Declaration when the marriage lasted at least ten years and the stipulated judgment or marital settlement agreement waives spousal support.

The Court may require an Income And Expense Declaration where the marriage is of long duration (defined as ten (10) or more years), and the stipulated judgment or marital settlement agreement contains a waiver of spousal support.

WARNING

The petitioner must appear and present evidence at the hearing concerning whether an alleged natural father is unidentifiable and whether notice may be dispensed with.

The petitioner must appear and present evidence at the hearing.

WARNING

Applies to

Probate order

Counsel or the self-represented petitioner must prepare probate orders or decrees unless the Court orders otherwise.

Probate orders or decrees must be prepared by counsel or the self- represented petitioner, unless otherwise ordered by the Court.

WARNING

Applies to

Probate order

The judicial officer’s signature line must use the format specified in the rule.

The signature line for the judicial officer must be in the following format: "Date: Judge/Judge Pro Tempore Siskiyou County Superior Court”

WARNING

Applies to

Proposed nunc pro tunc order

To prevent further errors, the complete clause or sentence in which the error occurs should be stricken from the original order or decree, even if only one word or figure therein requires correction.

To prevent further errors, the complete clause or sentence in which the error occurs should be stricken from the original order or decree, even if only one word or figure therein requires correction.

WARNING

Applies to

Proposed nunc pro tunc order

The Court recommends that the proposed correction not refer to the page and line number of the corrected language.

Reference should not be made to the page and line number of the corrected language.

WARNING

Applies to

Request for reissuance of original letters

Re-issuance of original Letters is discouraged; requests must be written and establish valid justification, except requests for certified copies.

Re-issuance of original Letters is discouraged, and any request for re-issuance of original Letters must be submitted to the Court in writing and must establish valid justification for the request. (This requirement does not apply to requests for certified copies of Letters).

WARNING

Applies to

Verified petition

The Court may, in its discretion, approve payment of an unfiled claim if the accounting shows compliance with Probate Code §9154 and the payment is justified by allegations in a verified petition or testimony in open court.

Even if a claim has not been filed, the Court may approve payment of a debt if the accounting shows that such payment was made in compliance with the requirements of Probate Code §9154. Such approval is discretionary with the Court, and must be justified by appropriate allegations in a verified petition or by testimony in open court.

WARNING

Applies to

Testamentary trust provisions

Pertinent testamentary-trust provisions must be stated in the present tense and third person, not merely quoted verbatim from the will.

The pertinent provisions must be set forth in the present tense and in the third person instead of by merely quoting the will verbatim, because the will in some instances may be in the future tense and/or the first person, and may contain provisions that are no longer applicable.

WARNING

Applies to

Accounting waiver

A detailed accounting may be waived if every person with a valid interest consents in writing.

A detailed accounting may be waived when all persons having a valid interest in the matter have consented in writing.

WARNING

Applies to

Accounting

Full waivers eliminate the need to list receipt and disbursement details, but do not waive any other required matters.

The effect of full waivers is to make it unnecessary to list the details of receipts and disbursements; no other required matters may be waived.

WARNING

Applies to

Account vouchers

Vouchers supporting accounts must not be filed with the clerk unless the Court specifically orders filing.

Vouchers supporting accounts are not to be filed with the clerk unless the Court specifically orders them filed.

WARNING

Applies to

Blocked account withdrawal petition

Do not enter into a binding vehicle purchase/sale agreement before obtaining the court order because the petition may be denied.

Because the petition may be denied, a binding purchase/sale agreement must not be entered into before a court order is obtained.

WARNING

Applies to

Guardianship final report

The Court disfavors a ward’s waiver of a final account and generally will not approve a final report after waiver unless the ward is present at the hearing.

The Court does not favor the waiver of final accounts by the ward, and generally will not approve a final report when the account is waived unless the ward is present in court at the time of the hearing.

INFO

Applies to

Judgment

Parties are encouraged, but not required, to include the specified incorporation and compliance language on the face of the judgment.

Parties are encouraged to state on the face of the judgment the following: "The attached marital settlement agreement is incorporated herein and made a part of this judgment. The parties are hereby ordered to comply with its directory terms."

INFO

Applies to

Warrant recall request

Attorneys may ask by written memorandum to calendar a warrant matter for the defendant’s appearance and warrant recall, and the Court may grant or deny the request.

Attorneys may request via written memo to the Court that a matter in which an arrest or bench warrant has been issued be placed on calendar for the appearance of the defendant and recall of the warrant. The court has discretion to grant or deny the request.

INFO

Applies to

Affidavit or declaration

A holographic instrument may be proved by an affidavit or declaration stating the basis for identifying the handwriting as the decedent’s.

Holographic instruments may be proved by an appropriate affidavit or declaration setting forth the foundation upon which the declarant bases his/her statement that the handwriting is the decedent’s.

INFO

Applies to

Petition

A request to deposit estate funds in blocked accounts may be included in the appointment petition or made in a later petition.

A request to deposit funds of a guardianship or conservatorship estate in blocked accounts, for the purpose of reducing bond or otherwise, may be included in the petition for appointment or made in a subsequent petition.