Solano Superior Court Document Filing Requirements

Applies to

Motion

All motions must include substantially the stated notice of the court’s tentative rulings system.

All motions shall include notice of this local rule in substantially the following form: “Notice: The Superior Court in and for Solano County has adopted a tentative rulings system that is described in the court’s local Rule 3.9. Failure to comply with Rule 3.9 may seriously affect parties’ rights in this case.”

Applies to

Ex parte application

Must include

certificate of service

Before the ex parte hearing, the moving party must file a sworn declaration confirming timely notice and showing proof of service of applicable papers.

Prior to the commencement of the hearing, the moving party shall file a declaration under penalty of perjury confirming that timely notice was provided to the opposing side, including the date, time, manner of notice, and name of any person so informed, and showing proof of service of any applicable papers.

Applies to

Initial filing form

Each CEQA mandamus action must include an initial filing form designating it as Environmental Law.

Each action shall be accompanied by an initial filing form designating the action as Environmental Law

Applies to

Mediation notice form

Within five days after the response deadline, the plaintiff or petitioner must prepare and lodge with the designated CEQA department a court-signature notice inviting mediation.

In accordance with Government Code section 66031, within five (5) days after the deadline for respondent or defendant to file a response to the action, plaintiff or petitioner shall prepare and lodge with the designated CEQA department a notice form for the court’s signature inviting mediation.

Applies to

Preliminary cost notification

Within 20 calendar days after receiving the record-preparation request, the responsible public agency must personally serve petitioners a preliminary estimated-cost notification stating per-page costs, other anticipated reasonable costs, and the likely page range.

Within twenty (20) calendar days after receipt of a request to prepare the administrative record, the public agency responsible for such preparation shall personally serve on petitioners a preliminary notification of the estimated cost of preparation, setting forth the agency’s normal costs per page, other reasonable costs, if any, the agency anticipates, and the likely range of pages.

Applies to

Detailed administrative record index

When petitioners elect to prepare the record, they must prepare and serve on all parties a detailed proposed-record index within 40 calendar days after service of the initial record-preparation notice.

If petitioners so elect, then within forty (40) calendar days of service of the initial notice to prepare the administrative record, petitioners shall prepare and serve on all parties a detailed index listing the documents proposed by petitioners to constitute the record.

Applies to

Record addition or deletion notice

Within seven calendar days after the proposed-record index notification, the agency and other parties must serve a document identifying any record items they contend should be added or deleted.

Within seven (7) calendar days of this notification, the agency and/or other parties shall prepare and serve the petitioners and all parties with a document notifying them of any document(s) or item(s) that such parties contend should be added to, or deleted from, the record.

Applies to

Agency record index and supplemental cost estimate

If petitioners do not elect to prepare the record, the agency must within 40 calendar days after service of the record-preparation request prepare and serve a detailed proposed-record index and provide a supplemental estimated cost of preparation.

If petitioners do not so elect, then within forty (40) calendar days after service of the request to prepare the administrative record, the agency shall prepare and serve on the parties a detailed index listing the documents proposed by the agency to constitute the record and provide a supplemental estimated cost of preparation.

Applies to

Record addition or deletion notice

Petitioners and other parties must serve the agency and all parties with a document identifying proposed additions to or deletions from the record within seven calendar days after receiving the agency’s index notification.

Within seven (7) calendar days of receipt of this notification, petitioners and/or any other parties shall prepare and serve the agency and all parties with a document notifying the agency of any document(s) or item(s) that such parties contend should be added to, or deleted from, the record.

Applies to

Preliminary document location notification

Within 20 calendar days after receiving petitioners’ notice electing to prepare the record, the agency responsible for certification must personally serve a preliminary notice identifying known locations of documents expected in the administrative record.

Within twenty (20) calendar days after receipt of petitioners’ notice of election to prepare the record themselves, the public agency responsible for certification of the record shall personally serve on petitioners a preliminary notification designating, to the extent then known, the location(s) of the documents anticipated to be incorporated into the administrative record.

Applies to

Administrative record

A party lodging an administrative record electronically must simultaneously file a declaration under penalty of perjury confirming that the record medium is free of computer viruses or other malware.

California Rules of Court, rule 3.1365 et seq. shall simultaneously file a declaration with the court affirming under penalty of perjury that the medium in which the record is contained and lodged with the court is free of computer viruses or other malware.

Applies to

Trial notebook

The trial notebook must include the petition, answer(s), briefs, motions set for trial, statement of issues, and documents agreed upon by the parties or ordered by the court.

The trial notebook shall consist of the petition, the answer(s), the briefs, any motions set to be heard at trial, the statement of issues, and any other document(s) agreed upon by the parties or ordered by the court.

Applies to

Settlement agreement

Each defendant who has not previously appeared must sign a completed Local Form 3012 Notice of Appearance or file a pleading containing the same information.

A fully completed Notice of Appearance form (Local Form 3012) signed by each defendant that has not previously appeared, or a pleading that contains the same information set forth on Local Form 3012;

Applies to

Settlement agreement

Alternatively, the settlement agreement or stipulation for judgment must state the appropriate defendants’ general appearances, provide service addresses, address consent to email service, provide consenting defendants’ email addresses, and be signed by each defendant.

A statement within the settlement agreement or stipulation for judgment that states each of the appropriate defendant(s) is making a general appearance, provides a service address for each appearing defendant, includes a statement as to whether each appearing defendant will accept service via email, and if so, provides each consenting defendant’s email address. Said settlement agreement or stipulation for judgment shall be signed by each defendant.

Applies to

Petition pleading or motion

For represented parties, counsel must review and sign the filing and ensure its legal sufficiency and procedural compliance.

All petitions, pleadings and motions must be reviewed and signed by the attorney of record for the party where the party is represented by counsel. Counsel are responsible for ensuring the legal sufficiency of the document and compliance with procedural requirements.

Applies to

Petition for disclosure

A person or agency seeking specified categories of Juvenile Court records must file Judicial Council form JV-570 with the Presiding Judge or a Juvenile Court judicial officer.

Except as indicated within this rule, in all cases in which a person or agency seeks access to Juvenile Court records, including records maintained by the Juvenile Court Clerk, the Probation Department, or the Health and Social Services Department – Child Welfare Services Division, the person or agency shall file a Petition for Disclosure (Judicial Council form JV-570) [W&I § 827(a)(2)(A)] with the Presiding Judge or a judicial officer of the Juvenile Court.

Applies to

Petition for disclosure

A Petition for Disclosure must specifically identify the materials and their relevance and include a declaration stating the information sought, its purpose, and its relevance, with a memorandum of points and authorities if necessary.

The petition shall set forth with specificity the materials sought and the relevance of the materials to the underlying action. The petition shall be supported by a declaration which specifies the information or documents sought, the purpose for which the documents or information is sought, the relevance of the documents or information to the purpose for which they are sought, and, if necessary, a memorandum of points and authorities.

Applies to

Record request

A records requester must complete the court-approved form and file a copy of the request in the court file.

Any person requesting records shall complete the form adopted or approved by the court for this purpose. A copy of the request shall be filed in the court file.

Applies to

Discovery motion

A noticed formal-discovery motion must state the information's relevancy and materiality and explain why informal discovery was inadequate.

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

Applies to

Petition for disclosure

A non-party seeking a juvenile-proceeding reporter’s transcript must file a Petition for Disclosure using Judicial Council form no. 570.

Any non-party requesting a reporter’s transcript of a juvenile proceeding must file a Petition for Disclosure (Judicial Council form no. 570).

Applies to

Declaration regarding venue or substantial compliance declaration

A petitioner seeking appointment of a guardian of the person only must file a Declaration Regarding Venue, or a substantially compliant declaration within the petition.

In addition to any required Judicial Council forms, a petitioner seeking the appointment of a guardian of the person only must file the following local forms with the clerk of the court:

Applies to

Declaration regarding venue or substantial compliance declaration

A petitioner seeking appointment of a guardian of the person and estate, or of the estate only, must file a Declaration Regarding Venue, or a substantially compliant declaration within the petition.

In addition to any required Judicial Council forms, a petitioner seeking the appointment of a guardian of the person and the estate, or of the estate only, must file the following local forms and declarations with the clerk of the court:

Applies to

Proposed order

Must include

proposed order

A petitioner seeking to dispense with notice for any person must submit Judicial Council form GC-021 before or at the conservatorship petition hearing.

A petitioner seeking an order dispensing with notice for one or more persons shall submit an Order Dispensing with Notice (Judicial Council form GC-021) to the court prior to or at the hearing on the petition for conservatorship.

Applies to

Declaration of death

Within 30 days of the conservatee's death, the conservator must file a declaration stating the date and place of death and whether the conservatee died testate or intestate.

The conservator shall file a declaration with the court within 30 days of the conservatee’s death, indicating the date of death, place of death and whether the conservatee died testate or intestate.

Applies to

Guardianship petition

Must include

caption

A guardianship petition for a California resident must include a declaration of Solano County residency or, if the ward is not a Solano County resident, why Solano County is in the ward’s best interests.

In order to ensure compliance with Probate Code section 2200 et seq., in all petitions for guardianship of the person and/or the estate where the proposed ward is a resident of the State of California, the petitioner shall include a declaration indicating whether the proposed ward is a resident of Solano County at the time the petition is filed. If the proposed ward is not a resident of Solano County, the declaration shall state why it is in the proposed ward’s best interests to have the guardianship proceeding heard in Solano County.

Applies to

Guardianship of person petition

A non-California resident’s guardianship-of-the-person petition must declare whether the proposed ward is temporarily living in Solano County or, if not, explain why Solano County is in the ward’s best interests.

In order to ensure compliance with Probate Code section 2200 et seq., in all petitions for guardianship of the person where the proposed ward is not a resident of the State of California, the petitioner shall include a declaration indicating whether the proposed ward is temporarily living in Solano County at the time the petition is filed. If the proposed ward is not temporarily living in Solano County, the declaration shall state why it is in the proposed ward’s best interests to have the guardianship proceeding heard in Solano County.

Applies to

Guardianship of estate petition

A non-California resident’s guardianship-of-the-estate petition must declare whether the proposed ward is temporarily living in Solano County or has property there and, if neither is true, explain why Solano County is in the ward’s best interests.

In order to ensure compliance with Probate Code section 2200 et seq., in all petitions for guardianship of the estate where the proposed ward is not a resident of the State of California, the petitioner shall include a declaration indicating whether the proposed ward is temporarily living in Solano County at the time the petition is filed or whether the proposed ward has property in Solano County. If the proposed ward is not temporarily living in Solano County and does not have property in Solano County, the declaration shall state why it is in the proposed ward’s best interests to have the guardianship proceeding heard in Solano County.

Applies to

Declaration of due diligence

When a petitioner cannot serve or locate a person requiring notice, the petitioner must file the designated local form or a substantially equivalent declaration.

If a petitioner cannot serve or locate a person for whom notice is required, the petitioner shall file a local form designated for that purpose or a substantially equivalent declaration which complies with this rule.

Applies to

Declaration of due diligence

The declaration must identify the person and last known address, state when the person lived there, describe all locating efforts and facts preventing location, and, when appropriate, document the specified search and inquiry efforts and their results.

The declaration must specify the name of the person whose whereabouts are unknown, the last known address of the person, the approximate date when the person was last known to reside at that address, all efforts undertaken to identify and serve or locate the person, and any facts that explain why the person cannot be located. To the extent appropriate, the petitioner shall make the following efforts and state the results in the declaration:

Applies to

Ex parte application waive or shorten notice

A petitioner seeking an ex parte order to waive or shorten notice, or to modify the notice method for a temporary-guardianship hearing, must file Solano County Local Form 3710 in addition to the required Judicial Council and local forms.

In addition to the Judicial Council and local forms required for temporary guardianships, a petitioner seeking an ex parte order waiving or shortening notice or modifying the method of notice of the hearing on the temporary guardianship shall file an Ex Parte Application to Waive or Shorten Notice of Hearing on Temporary Guardianship or Conservatorship (Solano County Local Form no. 3710).

Applies to

Written objection

Unless the court orders otherwise, appearing at the hearing does not excuse an objecting party from filing and serving the written objection.

however, unless otherwise ordered by the court, appearance at the hearing does not excuse the objecting party from filing his or her written objection and complying with the service requirements in this rule.

Applies to

Alternate guardian nomination petition

An alternate guardian nomination will not be considered until a petition naming the proposed alternate is filed and that guardian consents to the nomination in writing.

A person’s nomination of an alternate guardian for a proposed ward shall not be considered unless and until a petition naming the alternate proposed guardian is filed and the alternate proposed guardian indicates in writing that he or she consents to the nomination.

Applies to

Visitation petition

A person seeking visitation with a ward must file a petition requesting visitation orders.

A person seeking orders granting that person visitation with a ward shall file a petition seeking visitation orders.

Applies to

Declaration of due diligence

A requester who cannot locate or notify an individual must file a declaration explaining the efforts made to locate that person.

A person who cannot locate or provide notice to a particular individual shall file a declaration with the court explaining the person’s efforts to locate the individual.

Applies to

Order appointing guardian

The order appointing the guardian must state the date of the initial compliance review hearing.

The date of the initial compliance review hearing shall be listed as part of the order appointing the guardian.

Applies to

Accounting

A guardian must file the accounting at least 30 days before the related compliance review hearing.

The guardian shall file the accounting at least thirty (30) days prior to the date of the review hearing concerning that accounting.

Applies to

Subsequent accounting

Unless the court orders otherwise, subsequent accountings must be filed and served at least 30 days before the related compliance review hearing.

Absent a court order to the contrary, any subsequent accountings shall likewise be filed and served at least 30 days prior to any subsequent compliance review hearings.

Applies to

Custody order

A copy of any custody order made in an order terminating a guardianship must be filed in any pending or subsequently commenced child-custody proceeding, and the order must be prepared as a pleading or on a court-designated form.

In the event the court makes custody orders as part of an order terminating a guardianship pursuant to Probate Code section 1601, a copy of the custody order shall be filed in any pending or subsequently commenced proceeding concerning custody of the child. The custody order shall be prepared as a pleading or on a form designated by the court for use pursuant to this rule.

Applies to

Court appointment panel request

An attorney seeking appointment in a guardianship case must submit a panel request accompanied by Judicial Council form GC-010.

An attorney wishing to be considered for appointment on any guardianship case on or after January 1, 2008, must comply with California Rules of Court, rule 7.1101, and submit a request to the court to be placed on the panel of appointed attorneys in guardianship cases. The request must be accompanied by a Certification of Attorney Concerning Qualifications For Court Appointment in Conservatorships or Guardianships (Judicial Council form GC-010).

Applies to

Annual certification of court appointed attorney

An eligible attorney must file the Annual Certification of Court-Appointed Attorney form GC-011 by March 31 annually to document completion of the required education.

An attorney who is eligible for appointment in guardianship cases pursuant to rule 15.14, subdivision (a), shall certify to the court by March 31 of each year following the attorney’s initial approval that he or she has completed the education requirements set forth in California Rules of Court, rule 7.1101. The certification shall be on the Annual Certification of Court-Appointed Attorney form (Judicial Council form GC-011).

Applies to

Order appointing minors counsel

All guardianship orders appointing minor’s counsel, including compensation orders, must use Solano County Local Form no. 3750.

All orders appointing minor’s counsel in guardianship proceedings, including orders setting compensation, shall be on an Order Appointing Minor’s Counsel form (Solano County Local Form no. 3750).

Applies to

Notice of hearing guardianship or conservatorship

A party terminating a guardianship for a ward who is not deceased or emancipated must file Judicial Council form GC-020.

A party wishing to terminate a guardianship for a ward who is not deceased or emancipated must file the following forms: (1) Notice of Hearing – Guardianship or Conservatorship (Judicial Council form GC-020);

Applies to

Petition for termination of guardianship

A party terminating a guardianship for a ward who is not deceased or emancipated must file Judicial Council form GC-255.

(2) Petition for Termination of Guardianship (Judicial Council form GC-255); and,

Applies to

Order terminating guardianship

A party terminating a guardianship for a ward who is not deceased or emancipated must file Judicial Council form GC-260.

(3) Order Terminating Guardianship (Judicial Council form GC-260).

Applies to

Amended citation

The original citation must be filed showing no service, and an amended citation must be issued for the new hearing date.

The original citation shall be filed showing no service and an amended citation shall be issued with the new hearing date.

Applies to

Confidential conservator screening form

A proposed conservator must submit a fully completed and signed Judicial Council form GC-314 to the Court Investigators Office during the initial conservatorship investigation process.

A conservator shall be deemed to have complied with this requirement by submitting a fully completed and signed Confidential Conservator Screening Form (Judicial Council form GC-314) to the Court Investigators Office as part of the initial conservatorship investigation process.

Applies to

Annual certification

The annual certification must be submitted on Judicial Council form GC-011.

The certification shall be on the Annual Certification of Court-Appointed Attorney form (Judicial Council form GC-011).

Applies to

Reinstatement affidavit

Failure to timely complete the certification or education requirements removes the attorney from the approved panel, although the court may reinstate the attorney upon a prompt affidavit showing good cause.

Failure to timely comply with the certification requirements or with the education requirements in rule 7.1101 shall result in the removal of the attorney from the approved panel of appointed attorneys; however, the court may reinstate the attorney upon the prompt filing of an affidavit to the court demonstrating good cause why the certification was not timely submitted to the court.

Applies to

Ex parte application

Before submitting an ex parte application, the applicant must comply with specified probate, statewide, and local procedures.

Before submitting an ex parte application for the court's consideration, the applicant shall comply with the procedures in Probate Code section 1051, California Rules of Court, rule 7.55, and all applicable local rules.

Applies to

Ex parte application

All ex parte applications must include the specified notice declaration, or a substantially compliant declaration, and the declaration must be filed before the hearing.

At the time of submission of the application, a completed Declaration Re Notice Upon Ex Parte Application for Orders – Conservatorships (Solano County Local Form no. 1070-C) or a declaration in substantial compliance therewith, shall accompany all applications for ex parte orders and shall be filed before the ex parte hearing.

Applies to

Notice

The notice must state when and where the request will be made, summarize the requested relief, and present the supporting facts.

The notice shall include the date, time, and place the request will be made, a summary of the relief requested, and the facts upon which the request will be made.

Applies to

Declaration of due diligence

When a petitioner cannot locate a person entitled to notice, the petitioner must file Solano County Local Form 3705 or a compliant substantially equivalent declaration of due diligence.

If a petitioner cannot locate a relative or other person for whom notice is required, the petitioner shall file a Declaration of Due Diligence (Solano County Local Form no. 3705) or a substantially equivalent declaration which complies with this rule.

Applies to

Declaration of due diligence

The due-diligence declaration must identify the missing person and last-known residence details, describe all locating efforts, and explain why the person cannot be found.

The declaration must specify the name of the relative or other person whose whereabouts are unknown, the last known address of the person, the approximate date when the person was last known to reside at that address, all efforts undertaken to identify and locate the person, and any facts that explain why the person cannot be located.

Applies to

Declaration of due diligence

The petitioner must undertake every listed due-diligence search or inquiry and report the results in the declaration.

At a minimum, the petitioner shall make all of the following efforts and state the results in the declaration:

Applies to

Declaration of due diligence

The court will not grant an order dispensing with notice unless the petitioner has filed the required declaration of due diligence.

The court will not grant an order dispensing with notice unless the petitioner has filed a Declaration of Due Diligence pursuant to Solano County Local Rules, rule 15.56, subdivision (d).

Applies to

Inventory and appraisal

Mandatory Judicial Council forms must be used for all inventories and appraisals, while optional Judicial Council forms are strongly encouraged.

The use of mandatory Judicial Council forms is required, and the use of optional Judicial Council forms is strongly encouraged, in the preparation of all inventories and appraisals.

Applies to

Accounting

Mandatory Judicial Council forms must be used for all accountings, while optional Judicial Council forms are strongly encouraged.

The use of mandatory Judicial Council forms is required, and the use of optional Judicial Council forms is strongly encouraged, in the preparation of all accountings.

Applies to

Accounting

Each accounting must include a report explaining unusual account items, describing the fiduciary’s stewardship during the accounting period, and, when a bond was ordered, attesting that bond premiums were paid regularly.

In addition to the information required by Probate Code section 2620, each accounting shall include a report containing the following information: (1) An explanation of any unusual items appearing in the account; (2) A report of the stewardship of the fiduciary in the management of the assets of the conservatee's estate during the period covered by the account; (3) In cases where a bond has been ordered, a statement attesting that bond premiums have been paid regularly;

Applies to

Order appointing conservator

The order appointing the conservator must state the date of the initial compliance review hearing.

The date of the initial compliance review hearing shall be listed as part of the order appointing the conservator.

Applies to

Judgment filing package

The filing must include the Notice of Entry of Judgment and two stamped return envelopes addressed to the petitioner and respondent.

Notice of Entry of Judgment (form FL-190)  2 stamped envelopes large enough to return the Judgment and Notice of Entry of Judgment, with one envelope addressed to petitioner and the other to respondent.

Applies to

Uncontested judgment

Must include

certificate of service

For an uncontested parental-relationship matter, the listed default-judgment documents must be submitted when the hearing is requested or when the judgment by declaration is submitted, unless already on file.

Unless already on file, the following documents shall be submitted to the court at the time the hearing is requested or at the time the judgment by declaration is submitted:  Proof of Service of Summons (form FL-115) or other proof of service  Request to Enter Default (form FL-165), with a stamped envelope addressed to the respondent and the court clerk's address as the return address  Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105) from both the petitioner and respondent (a separate form must be filed by each party)  Stipulation for Entry of Judgment Re: Establishment of Parental Relationship (form FL-240)

Applies to

Declaration for default or uncontested judgment

Must include

local rule certificate

If the matter proceeds without a hearing, a Declaration for Default or Uncontested Judgment must be submitted with a signed advisement and waiver of rights from each party.

If proceeding without a hearing, submit a Declaration for Default or Uncontested Judgment (form FL-230), to which is attached: 1. Advisement and Waiver of Rights Re: Establishment of Parental Relationship (form FL-235) from both the petitioner and the respondent (a separate form must be signed by each party)

Applies to

Judgment

A judgment on form FL-180 with the applicable attachments must be submitted.

Judgment (form FL-180), to which is attached:

Applies to

Moving papers

Must include

proposed order

Requests for Order and other moving papers served on the opposing party must include a copy of the court’s local Meet and Confer Orders form.

In addition to any forms required by the California Rules of Court, any Request for Order or other moving papers served on the other party shall include a copy of the court’s local form Meet and Confer Orders.

Applies to

Request for order

A Request for Order seeking modification must attach the prior order or the pertinent part of the prior judgment.

A party seeking to modify a prior order or judgment shall attach a copy of the prior order or pertinent part of the prior judgment to his or her Request for Order.

Applies to

Order to show cause and affidavit for contempt

An Order to Show Cause and Affidavit for Contempt must attach a copy of each order allegedly violated.

A party filing an Order to Show Cause and Affidavit for Contempt (Judicial Council form FL-410) shall attach a copy of each order allegedly violated.

Applies to

Emergency order hearing

Before the emergency order hearing, the party must file a declaration under penalty of perjury stating whether notice of the hearing was given as required by California Rules of Court rule 5.165.

Before the emergency order hearing, the party shall file a declaration under penalty of perjury indicating whether or not notice of the hearing was given in compliance with California Rules of Court, rule 5.165.

Applies to

Status conference request

In dissolution, nullity, or legal-separation matters, a party must file Judicial Council form FL-141 showing compliance with Family Code section 2104 before a status conference may be requested.

In dissolution of marriage, nullity of marriage, or legal separation matters, a status conference shall not be set at a party’s request unless that party has filed his or her Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration (Judicial Council form FL-141) showing that the moving party has complied with the disclosure requirements set forth in Family Code section 2104.

Applies to

Status conference request

A status conference request requires filing the designated local form, obtaining a date from the calendar clerk, giving notice to the opposing party or counsel, and filing proof of service.

Status conferences may be requested by filing a local form designated for that purpose, obtaining a date from the calendar clerk, and giving notice to the opposing party or counsel. Notice shall be consistent with Code of Civil Procedure section 1005 and proof of service of such notice shall be filed with the court.

Applies to

Status conference report

Each party or counsel must file and serve a completed status-conference report on the designated local form at least seven calendar days before the conference.

At least seven (7) calendar days before the scheduled status conference, each party (or their counsel) shall file with the court and serve on all other parties a completed status conference report on a local form designated for that purpose.

Applies to

Attorney fee request

When attorney fees are requested, the filing must include a request or comparable declaration addressing attorney-fee factors and either the supporting declaration attachment or a comparable declaration.

If attorney fees are requested:  A Request for Attorney Fees and Costs (form FL-319) or a comparable declaration that addresses the factors covered in the Request for Attorney Fees and Costs form, and,  Either a Supporting Declaration for Attorney’s Fees and Costs Attachment (form FL-158) or a comparable declaration that addresses the factors covered in the Supporting Declaration for Attorney’s Fees and Costs Attachment form

Applies to

Statement

A party’s statement must summarize the existing custody and visitation order or current practice, state the party’s proposal, and include all material facts supporting any proposed change.

(a) A summary of the existing custody and visitation order or, if there is no existing order, the parties’ current practice; and, (b) The party’s proposal for custody and visitation. If the proposal is to change the existing custody or visitation order, the statement shall include all material facts in support of the proposal.

Applies to

Statement

A child-support statement must summarize the existing order or current practice, provide material facts concerning unusual financial circumstances, calculate the support proposal and time share, and state whether either party receives public assistance or Department of Child Support Services services.

(a) A summary of the existing child support order or, if there is no existing order, the parties’ current practice; (b) All material facts in support of any unusual circumstances regarding income, expenses or ability to earn income; (c) A current calculation of the party's proposal for child support, pursuant to the relevant provisions of the Family Code, including a calculation of the percent of time share; and, (d) A statement whether or not either party receives public assistance or services from the Department of Child Support Services in the instant or related cases.

Applies to

Statement

In dissolution, nullity, or legal separation cases, a party’s statement must summarize existing spousal or partner support, state the support proposal, provide unusual-circumstance facts, and include all material facts supporting the party’s position, including Family Code section 4320 factors for establishing or modifying post-judgment support.

(4) Spousal or Partner Support (For Dissolutions, Nullities, and Legal Separations Only) (a) A summary of existing spousal or partner support order or, if there is no existing order, the parties’ current practice; (b) All material facts in support of any unusual circumstances regarding income, expenses or ability to earn income; (c) The party’s proposal for spousal or partner support; and, (d) All relevant and material facts in support of the party’s position, including facts concerning each of the factors in Family Code section 4320 in the case of establishing or modifying post-judgment support.

Applies to

Statement

For contested-property issues in dissolutions, nullities, and legal separations, each party must list each contested asset or obligation and provide the applicable acquisition, title, characterization, valuation, encumbrance, apportionment, and disposition information, including an equalization proposal when the proposed disposition is not substantially equal.

(5) Contested Property Issues (For Dissolutions, Nullities, and Legal Separations Only) Each party shall list each contested asset or obligation, real or personal, and for each asset or obligation, furnish the following information, if relevant to the contested issue: (a) The date it was acquired; (b) If the asset has a formal title (e.g. house, vehicle, bank account, brokerage account, etc.), the manner in which title is vested; (c) The party’s position as to the property’s character, e.g. as community property, separate property, or quasi-community or quasi-marital property; (d) All material facts and law in support of the party's characterization of the property; (e) The current fair market value of the property; (f) The nature, extent and terms of any encumbrance against the property and the current net equity in the property; (g) Whether the property has any community property interest through application of Moore/Marsden or Pereira/Van Camp, and if so, the factual and legal basis for apportionment, the formula for apportionment, and the value of each party's community and separate property interests; and, (h) A detailed and complete proposal for the disposition of each item of property. If the proposed disposition is not substantially equal, the statement shall include a proposal for equalizing the disposition.

Applies to

Settlement conference statement

Each party must list in the settlement conference statement the points, authorities, or legal arguments on which the party intends to rely for disputed matters, to the extent known when the statement is prepared.

With respect to disputed matters, each party shall list the points and authorities or legal arguments upon which that party intends to rely, so far as is known at the time the statement is prepared.

Applies to

Settlement conference statement

The settlement conference statement must list and describe all documents, schedules, summaries, and other evidence intended for trial, except evidence intended solely for impeachment.

List and describe all documents, schedules or summaries, and/or other evidence to be offered at the time of trial.

Applies to

Grievance complaint

A grievance complaint may be submitted only by a party, the party’s attorney, or the court-appointed attorney for the minor child.

Complaints are only accepted from the following individuals: (a) A party to the action; (b) A party’s attorney; or (c) The court-appointed attorney for the minor child.

Applies to

Grievance complaint

A grievance complaint must be submitted in writing to the Operations Manager for the Family Law Division.

The complainant must submit his or her complaint in writing with the Operations Manager for the Family Law Division.

Applies to

Grievance complaint

A written grievance complaint must identify the parties and attorneys, provide the case number and relevant dates, identify Family Court Services personnel contacted, and explain the reasons for the complaint.

The written complaint must include the following information: (a) The names of the parties in the case and their attorneys; (b) the family law case number; (c) The most recent court date and the date(s) on which the parties met with the counselor; (d) The name(s) of any Family Court Services personnel (i.e. child custody recommending counselors) with whom the complainant had contact; and, (e) A statement explaining the reasons for the complaint.

Applies to

Judgment of nullity

A judgment of nullity must be set for hearing and may not be requested by affidavit.

Judgments for nullity of marriage or registered domestic partnership must be set for hearing. They may not be requested by affidavit.

Applies to

Judgment of nullity

A party seeking a judgment of nullity must submit the Appendix 5-A documents applicable to the case, but documents already filed need not be resubmitted.

To obtain a judgment of nullity of marriage or registered domestic partnership, the requesting party must submit to the court the documents identified in Appendix 5-A for the situation that pertains to that case (e.g. default without agreement, default with agreement, or uncontested). Documents that have already been filed do not need to be resubmitted.

Applies to

Default judgment of nullity without agreement

For a default judgment of nullity with no agreement, the listed forms and declarations must be submitted when the hearing is requested unless already on file, with additional forms required for children or financial relief.

Unless already on file, the following documents shall be submitted to the court at the time the hearing is requested:  Proof of Service of Summons (form FL-115) or other proof of service  The petitioner’s Declaration regarding Service of Declaration of Disclosure and Income and Expense Declaration ( 141)  Request to Enter Default (form FL-165), with a stamped envelope addressed to the respondent and the court clerk's address as the return address  If there are children of the relationship, submit the following: 1. The petitioner’s Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105)  If any financial relief is requested (e.g. child support, spousal/partner support, attorney fees), submit the following:  The petitioner's current Income and Expense Declaration (form FL-150) OR Financial Statement (Simplified) (form FL-155)  For attorney fees:  A Request for Attorney Fees and Costs (form FL-319) or a comparable declaration that addresses the factors covered in the Request for Attorney Fees and Costs form, and,  Either a Supporting Declaration for Attorney’s Fees and Costs Attachment (form FL-158) or a comparable declaration that addresses the factors covered in the Supporting Declaration for Attorney’s Fees and Costs Attachment form

Applies to

Judgment of nullity without agreement

The judgment form, applicable proposed order attachments, notice of entry, and two stamped return envelopes must be submitted before or at the hearing.

The following documents shall be submitted to the court prior to or at the hearing:  Judgment (form FL-180), to which is attached: 1. If child custody is requested:  Child Custody and Visitation (Parenting Time) Order Attachment (form FL-341) OR other proposed written order containing the information required by Family Code 3048(a) 2. If child support is requested:  Child Support Information and Order Attachment (form FL-342)  Notice of Rights and Responsibilities and Information Sheet on Changing a Child Support Order (form FL-192) 3. If spousal or partner support is requested:  Spousal, Partner, or Family Support Order Attachment (form FL-343) or other proposed written order 4. If attorney fees are requested:  Attorney Fees and Costs Order Attachment (form FL-346) or other proposed written order 5. If property division is requested:  Property Order Attachment to Judgment (form FL-345) or other proposed written order  Notice of Entry of Judgment (form FL-190)  2 stamped envelopes large enough to return the Judgment and Notice of Entry of Judgment, with one envelope addressed to petitioner and the other to respondent.

Applies to

Proof of service

A proof of service of summons or other proof of service must be submitted.

Proof of Service of Summons (form FL-115) or other proof of service

Applies to

Declaration regarding service

Each party must file a separate form FL-141 declaration regarding service of the financial declarations.

Declaration regarding Service of Declaration of Disclosure and Income and Expense Declaration (form FL-141) from both the petitioner and respondent (each party must file a separate form)

Applies to

Final disclosure document

For the final disclosure requirement, the filing must include separate form FL-141 declarations from both parties, a form FL-144 stipulation and waiver, or a separately filed or agreement-included waiver under Family Code section 2105(d).

One of the following: 1. Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration (form FL- 141) from both the petitioner and respondent (each party must file a separate form) 2. Stipulation and Waiver of Final Declaration of Disclosure (form FL-144) 3. Separately filed waiver or waiver included in a written agreement under Family Code section 2105(d)

Applies to

Request to enter default

A Request to Enter Default on form FL-165 must be submitted.

Request to Enter Default (form FL-165)

Applies to

Uccjea declaration

If children of the relationship exist, the petitioner must submit a UCCJEA declaration on form FL-105.

If there are children of the relationship, submit the following: 1. The petitioner’s Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105)

Applies to

Income and expense declaration

When financial relief is requested, both parties must submit their current form FL-150 or simplified form FL-155 financial statement.

If any financial relief is requested (e.g. child support, spousal/partner support, attorney fees), submit the following: 1. The petitioner's current Income and Expense Declaration (form FL-150) OR Financial Statement (Simplified) (form FL-155) 2. The respondent's current Income and Expense Declaration (form FL-150) OR Financial Statement (Simplified) (form FL-155)

Applies to

Attorney fee request

An attorney-fee request must include form FL-319 or a comparable declaration and form FL-158 or a comparable supporting declaration.

For attorney fees:  A Request for Attorney Fees and Costs (form FL-319) or a comparable declaration that addresses the factors covered in the Request for Attorney Fees and Costs form, and,  A Supporting Declaration for Attorney’s Fees and Costs Attachment (form FL-158) or a comparable declaration that addresses the factors covered in the Supporting Declaration for Attorney’s Fees and Costs Attachment form

Applies to

Child custody order

If child custody is requested, the judgment must include form FL-341 or another proposed written order containing the information required by Family Code section 3048(a).

If child custody is requested:  Child Custody and Visitation (Parenting Time) Order Attachment (form FL-341) OR other proposed written order containing the information required by Family Code 3048(a)

Applies to

Child support order

If child support is requested, the judgment must include form FL-342 and the form FL-192 notice and information sheet.

If child support is requested:  Child Support Information and Order Attachment (form FL-342)  Notice of Rights and Responsibilities and Information Sheet on Changing a Child Support Order (form FL-192)

Applies to

Spousal partner or family support order

If spousal or partner support is requested, the judgment must include form FL-343 or another proposed written order.

If spousal or partner support is requested:  Spousal, Partner, or Family Support Order Attachment (form FL-343) or other proposed written order

Applies to

Attorney fees and costs order

If attorney fees are requested, the judgment must include form FL-346 or another proposed written order.

If attorney fees are requested:  Attorney Fees and Costs Order Attachment (form FL-346) or other proposed written order

Applies to

Property order

If property division is requested, the judgment must include form FL-345 or another proposed written order.

If property division is requested:  Property Order Attachment to Judgment (form FL-345) or other proposed written order

Applies to

Notice of entry of judgment

A Notice of Entry of Judgment on form FL-190 must be submitted.

Notice of Entry of Judgment (form FL-190)

Applies to

Income and expense declaration

If child support or attorney fees are requested, the petitioner's current income-and-expense declaration or simplified financial statement must be submitted.

If either child support or attorney fees are requested, submit the following: 1. The petitioner's current Income and Expense Declaration (form FL-150) OR Financial Statement (Simplified) (form FL-155)

Applies to

Return envelopes

Two stamped envelopes large enough for the judgment documents must be submitted, one addressed to the petitioner and one to the respondent.

2 stamped envelopes large enough to return the Judgment and Notice of Entry of Judgment, with one envelope addressed to petitioner and the other to respondent.

Applies to

Proof of service of summons

Unless already on file, a proof of service of summons or other proof of service must be submitted when the hearing is requested.

Unless already on file, the following documents shall be submitted to the court at the time the hearing is requested:  Proof of Service of Summons (form FL-115) or other proof of service

Applies to

Final declaration of disclosure documents

Unless already on file, the final-disclosure submission must consist of separate form FL-141 declarations from both parties, a form FL-144 stipulation and waiver, or an authorized waiver.

One of the following: 1. Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration (form FL 141) from both the petitioner and respondent (each party must file a separate form) 2. Stipulation and Waiver of Final Declaration of Disclosure (form FL-144) 3. Separately filed waiver or waiver included in a written agreement under Family Code section 2105(d)

Applies to

Request to enter default

Unless already on file, a Request to Enter Default and the specified stamped return envelope must be submitted when the hearing is requested.

Request to Enter Default (form FL-165), with a stamped envelope addressed to the respondent and the court clerk's address as the return address

Applies to

Request for attorney fees and costs

If attorney fees are requested, a form FL-319 request or a comparable declaration addressing all covered factors must be submitted.

For attorney fees:  A Request for Attorney Fees and Costs (form FL-319) or a comparable declaration that addresses the factors covered in the Request for Attorney Fees and Costs form,

Applies to

Supporting declaration for attorneys fees and costs

If attorney fees are requested, a form FL-158 supporting declaration or a comparable declaration addressing all covered factors must also be submitted.

A Supporting Declaration for Attorney’s Fees and Costs Attachment (form FL-158) or a comparable declaration that addresses the factors covered in the Supporting Declaration for Attorney’s Fees and Costs Attachment form

Applies to

Judgment

A judgment form with the required parenting-time attachment or an equivalent proposed written order must be submitted before or at the hearing or when the judgment by declaration is submitted.

The following documents shall be submitted to the court prior to or at the hearing or at the time the judgment by declaration is submitted:  Judgment (form FL-250), to which is attached: 1. Child Custody and Visitation (Parenting Time) Order Attachment (form FL-341) OR other proposed written order containing the information required by Family Code 3048(a)

Applies to

Judgment

A form FL-180 judgment must be submitted before or at the hearing, and if child custody is requested it must include form FL-341 or an equivalent proposed written order containing the information required by Family Code section 3048(a).

The following documents shall be submitted to the court prior to or at the hearing:  Judgment (form FL-180), to which is attached: 1. If child custody is requested:  Child Custody and Visitation (Parenting Time) Order Attachment (form FL-341) OR other proposed written order containing the information required by Family Code 3048(a)

Applies to

Request to enter default

A request to enter default using form FL-165, with the specified stamped return envelope, must be submitted unless already on file.

Unless already on file, the following documents shall be submitted to the court at the time the hearing is requested or at the time the judgment by declaration is submitted:  Request to Enter Default (form FL-165), with a stamped envelope addressed to the respondent and the court clerk's address as the return address

Applies to

Petitioner uccjea declaration

The petitioner's UCCJEA declaration using form FL-105 must be submitted unless already on file.

Unless already on file, the following documents shall be submitted to the court at the time the hearing is requested or at the time the judgment by declaration is submitted:  The petitioner’s Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105)

Applies to

Attorney fee judgment attachment

If attorney fees are requested, form FL-346 or another proposed written attorney-fee order must be submitted with the judgment before or at the hearing, or when the judgment by declaration is submitted.

The following documents shall be submitted to the court prior to or at the hearing or at the time the judgment by declaration is submitted: 3. If attorney fees are requested:  Attorney Fees and Costs Order Attachment (form FL-346) or other proposed written order

Applies to

Declaration for default or uncontested judgment

When proceeding without a hearing, a form FL-230 declaration with the petitioner's form FL-235 advisement and waiver attached must be submitted unless already on file.

Unless already on file, the following documents shall be submitted to the court at the time the hearing is requested or at the time the judgment by declaration is submitted:  If proceeding without a hearing, submit a Declaration for Default or Uncontested Judgment (form FL-230), to which is attached: 1. The petitioner’s Advisement and Waiver of Rights Re: Establishment of Parental Relationship (form FL-235)

Applies to

Attorney fee submission

When attorney fees are requested in a no-hearing default proceeding, the specified attorney-fee request and supporting declaration must be submitted unless already on file.

Unless already on file, the following documents shall be submitted to the court at the time the hearing is requested or at the time the judgment by declaration is submitted: 2. If attorney fees are requested:  A Request for Attorney Fees and Costs (form FL-319) or a comparable declaration that addresses the factors covered in the Request for Attorney Fees and Costs form, and,  Either a Supporting Declaration for Attorney’s Fees and Costs Attachment (form FL-158) or a comparable declaration that addresses the factors covered in the Supporting Declaration for Attorney’s Fees and Costs Attachment form

Applies to

Petitioner financial declaration

If child support or attorney fees are requested, the petitioner must submit a current form FL-150 income and expense declaration or a form FL-155 simplified financial statement unless already on file.

Unless already on file, the following documents shall be submitted to the court at the time the hearing is requested or at the time the judgment by declaration is submitted:  If either child support or attorney fees are requested, submit the following: 1. The petitioner's current Income and Expense Declaration (form FL-150) OR Financial Statement (Simplified) (form FL-155)

Applies to

Judgment

A form FL-250 judgment with the required custody and parenting-time order attachment must be submitted before or at the hearing, or when the judgment by declaration is submitted.

The following documents shall be submitted to the court prior to or at the hearing or at the time the judgment by declaration is submitted:  Judgment (form FL-250), to which is attached: 1. Child Custody and Visitation (Parenting Time) Order Attachment (form FL-341) OR other proposed written order containing the information required by Family Code 3048(a)

Applies to

Child support judgment attachment

If child support is requested, forms FL-342 and FL-192 must be submitted with the judgment before or at the hearing, or when the judgment by declaration is submitted.

The following documents shall be submitted to the court prior to or at the hearing or at the time the judgment by declaration is submitted: 2. If child support is requested:  Child Support Information and Order Attachment (form FL-342)  Notice of Rights and Responsibilities and Information Sheet on Changing a Child Support Order (form FL-192)

Applies to

Notice of entry of judgment

A form FL-190 notice of entry of judgment must be submitted before or at the hearing, or when the judgment by declaration is submitted.

The following documents shall be submitted to the court prior to or at the hearing or at the time the judgment by declaration is submitted:  Notice of Entry of Judgment (form FL-190)

Applies to

Declaration for default or uncontested judgment

When proceeding without a hearing, a form FL-230 declaration with both the petitioner's and respondent's form FL-235 advisements and waivers attached must be submitted unless already on file.

Unless already on file, the following documents shall be submitted to the court at the time the hearing is requested or at the time the judgment by declaration is submitted:  If proceeding without a hearing, submit a Declaration for Default or Uncontested Judgment (form FL-230), to which is attached: 1. The petitioner’s Advisement and Waiver of Rights Re: Establishment of Parental Relationship (form FL-235) 2. The respondent’s Advisement and Waiver of Rights Re: Establishment of Parental Relationship (form FL-235)

Applies to

Attorney fee submission

When attorney fees are requested in a no-hearing default-with-agreement proceeding, the specified attorney-fee request and supporting declaration must be submitted unless already on file.

Unless already on file, the following documents shall be submitted to the court at the time the hearing is requested or at the time the judgment by declaration is submitted: 3. If attorney fees are requested:  A Request for Attorney Fees and Costs (form FL-319) or a comparable declaration that addresses the factors covered in the Request for Attorney Fees and Costs form, and,  Either a Supporting Declaration for Attorney’s Fees and Costs Attachment (form FL-158) or a comparable declaration that addresses the factors covered in the Supporting Declaration for Attorney’s Fees and Costs Attachment form

Applies to

Petition

Petitions, supplemental complaints, and Requests for Order filed on or after August 1, 2015 must include the website where the standing orders are publicly accessible.

Petitions, supplemental complaints, or Request for Order forms filed on or after August 1, 2015 shall include the website where the standing orders may be accessed by the public.

Applies to

Order and judgment

Orders and judgments filed on or after August 1, 2015 must include the website where the standing orders are publicly accessible.

All orders and judgments filed on or after August 1, 2015 shall include the website where the standing orders may be accessed by the public.

Applies to

Juvenile proceeding transcript request

A non-party seeking a reporter’s transcript of a juvenile proceeding must file Judicial Council form 570, a Petition for Disclosure.

Any non-party requesting a reporter’s transcript of a juvenile proceeding must file a Petition for Disclosure (Judicial Council form no. 570).

Applies to

Settlement conference statement

Each settlement conference statement must disclose disputed factual and legal contentions, damages, supporting reports and anticipated evidence, potential award range, prior offer and demand, the last settlement discussion date, settlement-related problems, and the party's settlement position.

All settlement conference statements filed and served per California Rules of Court, rule 3.1380, subdivision (c), shall contain the following additional information: (1) A statement of the factual and legal contentions in dispute; (2) A list of all special damages claimed; (3) Copies of pertinent medical reports; (4) Other reports by experts; (5) Pictorial or documentary evidence anticipated to be presented at trial; (6) An estimate of the lowest and highest possible award by a trier of fact; (7) The highest previous offer and the lowest previous demand; (8) The date when the last face to face or telephonic settlement discussion was held between all parties; (9) A statement as to any special problems relating to settlement, such as lack of or disputed insurance coverage; and, (10) A statement regarding the party’s position regarding settlement of the case.

Applies to

Trial conference statement

Must include

caption, case number

Each counsel must complete, file, and serve a Trial Conference Statement on all parties at least ten court days before the Trial Conference.

Each counsel shall complete, file and serve on all parties a completed Trial Conference Statement at least ten (10) court days before the date set for the Trial Conference.

Applies to

Trial conference statement

The Trial Conference Statement must include the listed required trial information.

At a minimum, the report shall include the following:

Applies to

Trial conference statement

The trial conference statement must include copies of all anticipated in limine motions, numbered consecutively; omitted motions will not be considered absent good cause.

(11) Copies of all in limine motions that the party expects to submit at trial. Each in limine motion provided shall be numbered consecutively by the party. (Note that any in limine motions not included will not be considered by the court, unless good cause is presented to the trial court);

Applies to

Trial conference statement

The trial conference statement must identify all stipulations requested or proposed for trial.

(12) All stipulations requested or proposed at trial;

Applies to

Trial conference statement

The trial conference statement must state whether an interpreter is needed, identify the interpreter and language, and the party calling the witness must arrange the interpreter when needed.

(13) A statement as to whether there are any witnesses that need an interpreter. State the name of the interpreter and the language that must be interpreted (If an interpreter is needed, it is the obligation of the party calling the witness to make arrangements for an interpreter);

Applies to

Trial conference statement

The trial conference statement must include a list of all agreed-upon jury instructions.

(14) A list of all agreed-upon jury instructions; and

Applies to

Trial conference statement

The trial conference statement must include a list of disputed jury instructions.

(15) A list of disputed jury instructions.

Applies to

Notice of settlement

When the entire action is settled, plaintiffs or other parties seeking affirmative relief must immediately file and serve a Notice of Settlement under California Rules of Court Rule 3.1385.

If an entire action is settled, Plaintiffs or other parties seeking affirmative relief must immediately file and serve a Notice of Settlement pursuant to Rule 3.1385 of the California Rules of Court.

Applies to

Electronically served pleading document or instrument

An electronically served pleading, document, or instrument must bear a signature and the applicable typed attorney or party information.

Every pleading, document and instrument served electronically shall bear a facsimile or typographical signature of at least one of the serving attorneys and/or parties, along with the typed name, address, telephone number and State Bar of California number, where applicable, of such attorney or party.

Applies to

Declaration

A Registered User seeking an ex parte extension for electronic-service technical difficulties must file and serve a declaration describing the attempts, reasons for non-service or delay, discovery, corrective efforts, and specific extension requested.

In addition to the ex parte application, the Registered User shall file and serve a declaration which describes the attempt(s) made, provides the reason service did not occur or was delayed, states how and when the non-service or delay in service was discovered, details the person’s efforts made to rectify the situation, and states with specificity the extension of time sought.

Applies to

Corrected inventory and appraisal

The personal representative must file and serve amended or corrected inventory and appraisal forms accurately identifying trust assets received and all estate assets existing at death.

Personal representative shall file and serve amended or corrected inventory and appraisal forms that accurately reflect 1) the schedule of all assets received by the personal representative from Stephen Galloway’s Trust and 2) that accurately reflects all assets in John Galloway’s estate as of his date of death.

Applies to

Accounting

The personal representative must prepare, file, and serve a complete, code-compliant accounting with all relevant schedules.

The personal representative shall prepare, file, and serve a full and complete accounting that is code-compliant with Probate Code Section 1060, et sec. and shall include all relevant schedules.

Applies to

Notice of remote appearance

Must include

local rule certificate

A party or attorney giving written notice of intent to appear remotely must use Judicial Council Form RA-010 and file it at least five court days before the hearing.

Parties or attorneys who give written notice of an intent to appear remotely must use the mandatory Judicial Council form for that purpose (Form RA-010) which must be filed no later than five court days prior to the hearing.

Applies to

Cover pleading

Must include

caption, case number

Exhibits may not be filed without a cover pleading containing a caption identifying the parties and case number, a pleading title, and an itemized exhibit list.

Exhibits may not be filed with the court without a cover pleading which includes a caption identifying the parties, the case number and a title of the pleading (i.e. Trial Management Packet, Declaration, List of Exhibits, etc.) and a list that itemizes the attached exhibits.

Applies to

Notice and waiver of rights and request for remote video proceeding

For a remote video arraignment set separately from trial, the defendant must sign and file the Notice and Waiver of Rights and Request for Remote Video Proceeding with the clerk by the stated appearance date or a court-granted continuation.

To proceed by remote video arraignment, the defendant must sign and file a Notice and Waiver of Rights and Request for Remote Video Proceeding (Solano Local Form STR-510) with the clerk by the appearance date indicated on the Notice to Appear or a continuation of that date granted by the court.

Applies to

Notice and waiver of rights and request for remote video arraignment and trial

For a remote video arraignment and trial on the same date, the defendant must sign and file the Notice and Waiver of Rights and Request for Remote Video Arraignment and Trial with the clerk by the stated appearance date or a court-granted continuation.

To proceed by remote video arraignment and trial, the defendant must sign and file a Notice and Waiver of Rights and Request for Remote Video Arraignment and Trial (Solano Local Form STR-505) with the clerk by the appearance date indicated on the Notice to Appear or a continuation of that date granted by the court.

Applies to

Petition

A defendant seeking cost waiver with a Penal Code section 1203.4 or 1203.4a petition must file the court-designated financial declaration concurrently with the petition.

Any defendant wishing to file a petition for relief per Penal Code sections 1203.4 or 1203.4a and who wishes to have their costs waived shall file a completed financial declaration on a form designated by the court. The form shall be filed concurrently with the petition.

Applies to

Application for ex parte order shortening time

An Application for Ex Parte Order Shortening Time must include an affidavit or declaration establishing good cause and notice to every party.

The application shall be accompanied by an affidavit or declaration setting forth facts showing good cause for the order and showing that notice was given to each party of the ex parte hearing.

Applies to

Application for ex parte order shortening time

Must include

proposed order

An Application for Ex Parte Order Shortening Time must be accompanied by a proposed order, the notice of motion, and the supporting papers.

The application shall also be accompanied by a proposed order, as well as by the notice of motion and supporting papers.

Applies to

Application for mental health diversion

Defense counsel must file an Application for Mental Health Diversion with the court and specify detailed information about the mental disorder, its nexus to the offense, the expert opinion, the defendant's consent and waiver, the treatment agreement, and the proposed treatment plan.

A. Notice of motion. Defense counsel shall file an Application for Mental Health Diversion (MHD), pursuant to section 1001.36, with the Court and serve the prosecutor with a copy. The motion shall specify in detail:

Applies to

Treatment plan

Defense counsel must file a copy of the treatment plan at the diversion commencement hearing.

At the hearing, he defense counsel shall file a copy of the treatment plan with the Court.

Applies to

Progress report

The defense must submit a detailed progress report at least five days before the scheduled progress-report hearing.

No less than 5 days prior to the date scheduled for progress report, the defense shall submit a progress report which shall describe, in detail, all progress made on each specified element of the treatment plan.

Applies to

Request for exemption from mandatory electronic filing and service

Must include

proposed order

An attorney may request an exemption from mandatory electronic filing and service by filing Form EFS-007 with proposed order Form EFS-008 and serving all parties, upon showing undue hardship or significant prejudice.

An attorney representing a party may request to be excused from the mandatory electronic filing and service requirement by showing undue hardship or significant prejudice. An attorney requesting to be excused shall file with the Clerk of the Court and service on all parties a Request for Exemption from Mandatory Electronic Filing and Service (Judicial Council Form EFS-007) with a Proposed Order (Judicial Council Form EFS-008).

Applies to

Petition order or other document

Judicial Council-approved printed forms must be used for petitions, orders, and other documents when applicable.

Printed forms of petitions, orders and other documents which have been adopted or approved by the Judicial Council shall be used in all cases where applicable.

Applies to

Notice of hearing or notice of petition to administer estate

Except for ex parte matters, a moving party must file the applicable DE-120 or DE-121 notice before a petition, motion, or other moving paper may be calendared for hearing.

Except for matters brought ex parte, petitions, motions, and other moving papers shall not be calendared for hearing until the moving party files either a Notice of Hearing (Judicial Council form DE-120) or a Notice of Petition to Administer Estate (Judicial Council form DE-121).

Applies to

Request to dispense with notice

A request to dispense with notice must include sufficient evidentiary facts supporting that request.

The request shall set forth sufficient evidentiary facts supporting the request.

Applies to

Declaration of due diligence

For an individual who cannot be located, a declaration of due diligence complying with California Rules of Court, rule 7.52, must be filed before the ex parte appearance.

For individuals who cannot be located, the party shall file a declaration of due diligence in compliance with California Rules of Court, rule 7.52, prior to the ex parte appearance.

Applies to

Verified petition or accompanying affidavit

The verified petition or an accompanying signed affidavit must state the information necessary to establish any required bond amount.

The verified petition or an accompanying affidavit signed by the petitioner or by the personal representative or by counsel of record for either of said persons shall set forth the information necessary to establish the amount of bond, if one is required.

Applies to

Ex parte order application

Every ex parte order application must include a special-notice statement that either confirms no active requests or identifies all parties requesting special notice.

All applications for ex parte orders must contain a statement on special notices. If there are no requests for special notice on file presently in effect, the statement shall so state. If there are one or more requests for special notice on file that have not been withdrawn, the statement shall list the parties requesting special notice.

Applies to

Declaration of notice

Before the ex parte hearing begins, the moving party must file a sworn declaration confirming notice to the opposing side and providing the notice details.

Prior to commencement of the hearing, the moving party shall file a declaration under penalty of perjury confirming that notice was provided to the opposing side, including the date, time, manner and

Applies to

Trust copy

When notice is required because a trust is a beneficiary, the petitioner must separately file a true and correct copy of the trust and related provisions as a confidential document that may not be released without a court order.

Where notice is required to be given pursuant to Probate Code section 1208(b) (such as where a trust is a beneficiary of a decedent’s estate), the petitioner shall file separately from the petition a true and correct copy of the trust, including any amendments, disclaimers, and any directions or instructions to the trustee that affect the disposition of the trust. Said document(s) shall be filed as a confidential document and shall not be released to any party except by court order.

Applies to

Proposed order

The petitioner’s attorney, or an unrepresented petitioner, must prepare and submit the proposed order at least four court days before the hearing.

Proposed orders shall be prepared by the petitioner’s attorney of record or the petitioner, if unrepresented, and shall be submitted at least four court days prior to the hearing.

Applies to

Probate order

Probate orders must be self-contained, specify all matters decided and relief granted with required particularity, and contain no written matter after the judicial officer’s signature line except attached schedules; orders settling accounts ordinarily may use general approval language.

All orders in probate matters must be complete in and of themselves, so that their effect may be understood without reference to the underlying petition. The order shall set forth all matters actually passed on by the court, the relief granted, and the names of persons and descriptions of property or amounts of money affected with the same particularity required of judgments in civil matters. The court will not approve orders that merely recite that the petition as presented is granted or incorporate by reference the relief sought in the petition. However, in orders settling accounts, the court will ordinarily approve general language approving the account, the report, and the acts reflected therein. With the exception of attached schedules, no written matter shall appear after the judicial officer’s signature line.

Applies to

Inventory and appraisal

If a decedent’s estate contains real property, the inventory and appraisal must identify the property by address and include its legal description.

If a decedent’s estate contains real property, the inventory and appraisal shall identify that property by its address and shall include a legal description of the property.

Applies to

Inventory

The inventory must state that a parcel is unimproved when applicable.

If the parcel is unimproved, the inventory must so state.

Applies to

Petition for conditional sale of real property

A petition for conditional real-property sale must set forth in detail the unusual and extraordinary circumstances and the sale’s necessity and advantage to the estate.

However, if unusual and extraordinary circumstances exist and the necessity and advantage to the estate are set forth in detail, the court may approve such a sale.

Applies to

Petition for confirmation of sale

A copy of the executed broker’s agreement must be attached to the petition for confirmation of sale of improved real property.

A copy of an executed broker's agreement shall be attached to the petition for confirmation of sale.

Applies to

Petition for distribution

The statutory compensation and attorney-fee computation must be included regardless of the estate’s value or whether an accounting has been waived, and the court determines reasonable compensation for estates exceeding $25,000,000.

The computation in Rule 7.61, subsection (b), must be made regardless of the estate’s value and even though an accounting has been waived. For estates worth in excess of $25,000,000.00 (twenty-five million dollars), the court shall determine the reasonable amount of compensation.

Applies to

Petition for distribution

The petition for distribution must state the basis for requested statutory compensation and attorney fees in its body or on a separate schedule.

The basis for statutory compensation and attorney fees requested shall be set out in the body of the petition for distribution or on a separate schedule as required per California Rules of Court, rule 7.705.

Applies to

Petition for advance of statutory compensation or attorney fees

A petition for an advance of statutory compensation or attorney fees will not be considered unless the personal representative’s Inventory and Appraisal is filed before or with the petition.

Notwithstanding Probate Code section 10830, the court shall not consider a petition seeking an advance of statutory compensation or attorney fees unless the personal representative’s Inventory and Appraisal is filed prior to or concurrently with the petition.

Applies to

Application for extraordinary compensation or fees

Applications for extraordinary compensation or extraordinary attorney fees must be supported by a statement of facts in the petition or a separate declaration.

All applications for extraordinary compensation for the personal representative's services and for extraordinary attorney's fees must be supported by a statement of facts in the petition or in a separate declaration.

Applies to

Petition for partial or final distribution

Must include

proposed order

A proposed distribution order must accompany every petition for partial or final distribution.

The proposed order for distribution shall be filed with any petition for partial or final distribution.

Applies to

Order for distribution

The order for distribution must be complete without relying on a description by reference to the inventory.

The order must be complete in and of itself. Description by reference to the inventory is not acceptable.

Applies to

Petition for distribution

The distribution schedule in both the petition and order must show the value distributed to each heir or beneficiary and the total estate distributed.

In both the petition and order for distribution, the distribution schedule shall include a summary showing the value of the estate distributed to each heir or beneficiary and the total estate distributed.

Applies to

Petition for distribution

The petition and order must state whether any heir or beneficiary previously received an early distribution.

In both the petition and order for distribution, the distribution schedule shall include a summary showing the value of the estate distributed to each heir or beneficiary and the total estate distributed. If any heirs or beneficiaries previously received an early distribution, the petition and the order shall so state.

Applies to

Petition

For the specified intestate estate, the petition must allege the applicability of Probate Code Section 6402.5 and perform the required tracing as far as possible.

If an intestate decedent who survived their spouse leaves no issue, the applicability of Probate Code Section 6402.5 must be alleged and the necessary tracing must be carried out as far as possible.

Applies to

Petition and order for distribution

The petition and order must identify all present and future distributees, indicate whether each is an adult or minor, and state the age and birth date of any minor distributee.

A petition and any order for distribution shall include the names and addresses of all persons who are present and future distributees of the estate, and shall indicate whether each person listed is an adult or a minor. In all cases where a minor is a distributee, the minor’s age and birth date must be stated in the petition and the decree for distribution.

Applies to

Petition and decree for distribution

When distribution is not made directly to the heir or beneficiary, the petition and decree must state the recipient's name, address, and fiduciary capacity.

If distribution will not be made directly to the heir or beneficiary, the name, address and fiduciary capacity of the recipient must be stated in the petition and the decree for distribution.

Applies to

Assignment

When distribution is made to an heir's or beneficiary's assignee, a copy of the assignment and its terms must be filed.

If distribution is to be made to an assignee of an heir or beneficiary, a copy of the assignment and the terms thereof must be on file.

Applies to

Petition for final distribution

A petition for final distribution seeking a reserve must specifically state the proposed use of the retained funds.

If a reserve is sought, the petition for final distribution must specifically set forth the proposed use for the retained funds (e.g., income taxes, closing costs, property tax assessments, etc.).

Applies to

Ex parte petition for final discharge

A final-distribution reserve exceeding $5,000 requires an informal reserve accounting attached to the Ex Parte Petition for Final Discharge, Judicial Council form DE-295.

If an order for final distribution of an estate of a decedent or trust includes a reserve of more than $5,000, an informal accounting of the reserve shall be attached to the Ex Parte Petition for Final Discharge (Judicial Council form DE-295).

Applies to

Order for distribution

An order establishing a testamentary trust must include all will terms relating to that trust.

The provisions of an order for distribution establishing a testamentary trust shall include all of the terms of the will relating to the trust.

Applies to

Order for distribution

The trust provisions in the order must be stated in the present tense and third person and must not quote the will verbatim.

Per California Rules of Court, rule 7.650, the provisions of the trust shall be stated in the present tense and in the third person, and shall not quote the will verbatim.

Applies to

Petition and order for distribution

If a trust beneficiary receives distribution upon reaching a specified age, the petition and order must state the beneficiary's age and birthdate.

If a trust beneficiary will receive distribution upon reaching a specific age, the petition for distribution and order thereon must state the age and birthdate of the beneficiary.

Applies to

Waiver of account

A waiver of account must be filed using the local form or a pleading containing the same information.

Any waiver of account presented under Probate Code 10954 shall be filed using either the local form adopted for that purpose or a pleading containing the same information as the local form.

Applies to

Spousal property petition

A petitioner seeking confirmation or transfer of alleged community or quasi-community property must comply with the Spousal Property Petition requirements.

If a Spousal Property Petition seeks to confirm and/or transfer property alleged to be community property or quasi-community property in whole or in part, the petitioner shall comply with the requirements in this rule.

Applies to

Spousal property petition

The petition must state the date and place of the decedent and surviving spouse's marriage.

The petition shall state the date and place of marriage between the decedent and surviving spouse.

Applies to

Spousal property petition

The petition must describe real and personal property owned at marriage, give approximate values, and state the property's disposition if applicable.

The petition shall give a description and approximate values of real and personal property owned by the decedent on the date of marriage and a statement concerning the property’s disposition, if any.

Applies to

Spousal property petition

If the decedent and surviving spouse were not California domiciled at marriage or later lived in another state, the petition must provide approximate dates of their California residence.

If the decedent and a surviving spouse were not domiciled in California at the time of marriage or resided in another state at any point following marriage, the petition shall provide the approximate dates the decedent and a surviving spouse resided in California.

Applies to

Spousal property petition

For each personal property asset at issue, the petition must state the asset's approximate acquisition date.

For each personal property asset at issue in the petition, the petition shall state: (a) The approximate date of the asset’s acquisition;

Applies to

Spousal property petition

When either specified written transmutation or confirmation agreement applies, copies of all such agreements must be attached to the petition.

If (b)(2) or (b)(3) above applies, copies of all such agreements must be attached to the petition.

Applies to

Petition

For each real property asset, the petition must state acquisition, funding, title, transmutation, date-of-death title, and community or quasi-community property facts.

(5) For each real property asset at issue in the petition, the petition shall state: (a) The approximate date of the asset’s acquisition; (b) The source of funds used to acquire the asset; (c) The form of title at the time of the asset’s acquisition; (d) A description of any changes to the form of title following acquisition; (e) The form of title on the decedent’s date of death; (f) Written evidence of transmutations for all assets acquired or transmuted on or after January 1, 1985; and, (g) Facts upon which the claim of community or quasi- community property is based.

Applies to

Petition

A petition affecting title to real property must attach copies of the deeds showing vesting at the decedent’s date of death.

(a) Where the petition affects title to real property, a copy of the deed(s) showing vesting at the decedent’s date of death shall be attached to the petition.

Applies to

Petition

When the petitioner claims agreements providing for a non-pro-rata division of community or quasi-community property, copies of those agreements must be attached to the petition.

(b) If the petitioner claims one or more agreements exist that provide for a non pro-rata division of the aggregate value of the community property and/or quasi-community property, copies of the agreement(s) shall be attached to the petition.

Applies to

Petition

For an asset acquired or changed in title on or after January 1, 1985, the petition must provide written evidence of the acquisition documents and subsequent transmutations.

(c) If the asset in question was acquired on or after January 1, 1985 or had the form of title changed on or after January 1, 1985, the petition shall provide written evidence of the acquisition documents and subsequent transmutations.

Applies to

Petition

A petitioner who is the personal representative or conservator of the spouse or domestic partner must attach letters evidencing the appointment.

(d) Where the petitioner is the personal representative or the conservator of the spouse or domestic partner, a copy of letters evidencing the appointment must be attached to the petition.

Applies to

Spousal property petition

A Spousal Property Petition based on a will or codicil must be accompanied by the will or codicil, filed before or concurrently with the petition.

(1) If a Spousal Property Petition is based upon the decedent’s will or codicil, the will or codicil shall be filed with the court prior to or concurrent with the filing of the petition.

Applies to

Original will

The original will must be deposited with the court under Probate Code section 8200.

(2) An original will shall be deposited with the court pursuant to Probate Code section 8200.

Applies to

Petition

If the original will was deposited with a foreign jurisdiction, a duly authenticated copy must be attached to the petition.

(3) If the original will has been deposited with a foreign jurisdiction (e.g. another state or country), a duly authenticated copy of the will shall be filed as an attachment to the petition.

Applies to

Petition

If the original will is lost, the petition must attach a copy or document stating its terms, clearly identify the loss, and include a declaration addressing the revocation presumption under Probate Code section 6124.

(4) If the original will is lost, a copy of the lost will or a document setting forth the terms of the lost will shall be filed as an attachment to the petition. The attachment must clearly indicate that the original will is lost, and shall be accompanied by a declaration addressing the presumption of revocation under Probate Code section 6124.

Applies to

Probate document

A probate document filed on behalf of an heir or beneficiary and signed under a power of attorney must include a copy of the power of attorney granting authority to sign.

Any document filed with the court on behalf of an heir or beneficiary that is signed by a person with power of attorney for that heir or beneficiary shall include a copy of the power of attorney granting authority to execute such document. This includes but is not limited to waivers of accounting, waivers of bond, and distribution receipts.

Applies to

Trust petition

Trust petitions must list the names and last known addresses of all vested and contingent beneficiaries.

All petitions involving a trust must set forth the names and last known addresses of all vested and contingent beneficiaries.

Applies to

Petition for trustee compensation

A petition must state the estate asset value used to calculate trustee compensation and explain why that valuation is appropriate.

The petition shall provide the asset value of the estate used to calculate compensation and shall explain why that value is appropriately used.

Applies to

Petition for trustee compensation

A trustee seeking compensation above 1% must file either a beneficiary declaration acknowledging the request and waiving objection or a declaration detailing the services justifying the fee.

A trustee requesting such relief shall do one of the following: (1) File a declaration from the beneficiaries indicating awareness of the fees being requested and a statement waiving objection to those fees. (2) File a declaration detailing the services rendered justifying the fee requested.

Applies to

Trust petition

Trust petitions must identify in the pleading title the Probate Code section under which the petition is brought or that supports the requested relief.

All petitions concerning trusts shall indicate in the pleading title the Probate Code section(s) under which the petition is brought or which supports the relief requested.

Applies to

Special needs trust approval petition

A petition to approve a special needs trust must include the complete proposed trust terms.

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

Applies to

Special needs trust filing

After approval and signature, the original special needs trust instrument and a copy of the approving order must be filed where the trust will be administered.

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

Applies to

Special needs trust instrument copy

If the original special needs trust instrument is unavailable, a copy of the entire executed instrument must be filed with a concurrent trustee affidavit explaining the absence and verifying the copy.

If the original trust is unavailable for filing, a copy of the entire executed trust instrument shall be filed concurrently with an affidavit by the trustee stating why the original is not available for filing and affirming that the copy is a true and correct copy of the executed trust instrument.

Applies to

Notice of special needs trust

A party filing a special needs trust instrument must file a notice identifying the county of administration and the probate case number containing the trust.

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

Applies to

Declaration in support of domestic violence restraining order

Declarations supporting ex parte domestic violence restraining orders must state the incident dates, describe each incident in detail, and identify the specific harm caused or threatened.

A mere expression in the declaration of violence or fear will not adequately support the granting of an ex parte order. The declarations must expressly include (1) the actual or approximate date(s) of the incidents alleged, (2) a detailed description of the facts of each incident, and (3) the specific harm caused or threatened.

Applies to

Temporary restraining order

A temporary restraining order must bear the clerk's file-endorsed stamp in the upper right corner and have its expiration date clearly marked on the document.

The order shall have a file-endorsed stamp by the Clerk of the Superior Court in the upper right hand corner and the expiration date of the order shall be clearly marked on the face of the document.

Applies to

Application for appointment of guardian ad litem

A representative seeking or responding to a civil harassment protective-order matter for an incapacitated adult must submit a guardian-ad-litem application before or concurrently with the appropriate pleading.

If a person seeks a civil harassment protective order on behalf of an incapacitated adult plaintiff, or seeks to respond to a petition for civil harassment protective orders on behalf of an incapacitated adult defendant, the representative must submit an application for appointment of guardian ad litem prior to or concurrently with the appropriate pleading.

Applies to

Petition

A compromise petition concerning a person with a disability or a minor must comply with California Rules of Court rule 3.1384 and be presented on Judicial Council form MC-350.

A petition for court approval of a compromise or covenant not to sue regarding a person with a disability or a minor shall comply in all respects with California Rules of Court, rule 3.1384, and shall be presented on the mandatory Judicial Council form MC-350.

Applies to

Petition

The petition must fully disclose information supporting the reasonableness of the proposed compromise or covenant, including any amounts paid to other claimants.

(1) A full disclosure of all information concerning the reasonableness of the proposed compromise or covenant not to sue, including the amounts, if any, paid to other claimants.

Applies to

Petition

The petition must include the original or a photocopy of each paid bill, and each bill must disclose the payment date, amount, and payor.

(2) The original or a photocopy of each bill which, if paid, shall disclose the date of payment, the amount paid, and the name of the payor.

Applies to

Proposed order

An elisor order must designate the Clerk of the Court or Clerk’s Designee and may not name a specific court employee.

(1) The order shall designate “The Clerk of the Court or Clerk’s Designee” as the elisor. The order shall not state a name or title of a specific court employee.

Applies to

Proposed order

An elisor order must state the name of the party for whom the elisor is appointed.

(2) The order shall state the party’s name for whom the elisor is being appointed.

Applies to

Proposed order

An elisor order must state the capacity in which the elisor will sign each document.

(3) The order shall state the capacity of the elisor who will be signing each document.

Applies to

Proposed order

The proposed order must clearly identify each document to be signed, including the type of deed and each separate escrow document.

The order shall clearly identify each document to be signed. In the case of deeds, the type of deed shall be identified (e.g. grant deed, interspousal deed, et cetera.) In the case of escrow documents, each escrow document must be listed separately (e.g. Escrow Instruction Dated, Disclosure Regarding Real Estate Agency Relationship, Hazard report, et cetera).

Applies to

Proposed order

Copies of all documents to be signed must be attached to the proposed order, and the originals presented to the elisor must be identical to those copies.

Copies of all documents to be signed shall be attached to the proposed order. The original documents presented to the elisor for signing must be identical to the copies of the documents attached to the proposed order.

Applies to

Guardianship petition

The required venue declaration may use the designated local form, a substantially compliant declaration, or placement within the guardianship petition itself.

The declaration may be filed on a local form designated for that purpose or in a declaration in substantial compliance with this rule, or may be included in the body of the petition for guardianship.

Applies to

Annual status report

On a case-by-case basis, the court may order a guardian of the person or of the person and estate to comply with the annual status-report requirement.

The court may order on a case-by-case basis that a guardian of the person or a guardian of the person and estate shall comply with the annual status report requirement per Probate Code section 1513.2.

Applies to

Request for telephone appearance

A request for a telephone appearance must be made using Judicial Council form FL-679.

The request shall be made on a Request for Telephone Appearance (Judicial Council form FL-679).

Applies to

Request for order

If the Findings and Order After Hearing has not been filed, the Request for Order must attach a copy of the minute order instead.

If the Findings and Order After Hearing has not been filed, a copy of the minute order shall be attached instead.

Applies to

Settlement conference statement

Must include

caption

The caption of a settlement conference statement must state the date and time of the settlement conference.

A settlement conference statement shall state in the caption the date and time of the settlement conference.

Applies to

Settlement conference statement

The statement must respond to every listed item applicable to the case, and it must identify any particular paragraph that does not apply.

Settlement conference statements submitted in an dissolution of marriage or registered domestic partnership, nullity, or legal separation action shall respond to each item set forth below in this subdivision. Settlement conference statements submitted in any other matter shall respond to each item set forth below in this subdivision, except for items (4), (5), and (6). If a particular paragraph is not applicable, the statement shall indicate that fact.

Applies to

Settlement conference statement

Statements in dissolution, nullity, and legal-separation matters must provide specified marriage or partnership statistics and supporting material facts when a statistic is contested.

For Dissolutions, Nullities, and Legal Separations Only (i) The date of marriage or registration of registered domestic partnership, the date of separation, and the length of the marriage or registered domestic partnership in years and months; and, (ii) If the date of separation or any other statistical fact is contested, the party shall provide all material facts in support of their position.

Applies to

Settlement conference statement

Every settlement conference statement must provide specified information about children, party ages, contested statistical facts, and completion of service of process.

For All Cases: (i) The names and ages of minor children and any disabled adult children to whom a duty of support may be owed; (ii) Ages of parties; (iii) Whether there are any contested issues as to statistical facts, and if so, a statement setting forth all material facts concerning the contested issue(s); and, (iv) The date service of process was completed, where it was made and how it was accomplished.

Applies to

Statement

A party claiming specified reimbursement or credit remedies in a dissolution, nullity, or legal separation case must include a complete statement of the claim, but the provided text ends before specifying the required contents.

(6) Reimbursements and Credits (For Dissolutions, Nullities, and Legal Separations Only) (a) If a party is claiming Epstein credits, Watts/Jeffries credits, Family Code section 2640 reimbursements, or other claims for reimbursement or credits, the party shall include a complete

Applies to

Request to enter default

The Request to Enter Default must include a stamped envelope addressed to the respondent with the court clerk's address as the return address.

with a stamped envelope addressed to the respondent and the court clerk's address as the return address

Applies to

Return envelopes

Two stamped envelopes, one addressed to the petitioner and one to the respondent, must be submitted with the judgment and notice of entry of judgment.

The following documents shall be submitted to the court prior to or at the hearing or at the time the judgment by declaration is submitted:  2 stamped envelopes large enough to return the Judgment and Notice of Entry of Judgment, with one envelope addressed to petitioner and the other to respondent.

Applies to

Electronic recording copy request

To request a copy of an official electronic recording, a party must complete the Electronic Recording Request Form and submit it to the clerk’s office.

In cases where an electronic recording serves as the official record, a party may request a copy by completing an Electronic Recording Request Form and submitting the form to the clerk’s office.

Applies to

Notice of case management conference one

At complaint filing, the Clerk must provide the plaintiff with a notice stating the first conference’s date, time, place, and applicable conference obligations.

At the time of filing of the complaint, the Clerk of the Court shall provide the plaintiff with a Notice of Case Management Conference One, which shall indicate the date, time, and place that counsel, and any party not represented by counsel, shall appear for Case Management Conference One, and shall state the obligations of counsel, or any parties not represented by counsel, in regard to Case Management Conference One and Case Management Conference Two.

Applies to

Document served through esp

Each document served through the ESP must be titled to identify its type, purpose, and the serving attorney or party.

Each document shall be titled so as to identify the type and purpose of such document and the identity of the attorney or party who is serving such document.

Applies to

Electronically served document requiring multiple signatures

When an electronically served document requires multiple signatures, all other signatories must be identified with an “s/” block.

The attorney and/or party serving any document requiring multiple signatures (e.g., stipulations, joint status reports) must list thereon all the names of other signatories by means of a “ s/ ” block for each.

Applies to

Objection to remote appearance

Must include

proposed order

A party may oppose another party’s remote appearance by following California Rules of Court procedure and filing the mandatory Judicial Council form and a proposed order.

Any party opposing the use of a remote appearance by another party may object by using the procedures set forth in the California Rules of Court, Rule 3.672 and filing the appropriate mandatory judicial council form and proposed order. (Form RA-015.)

Applies to

Ex parte petition for final discharge

The court may require an informal accounting even when the reserve is $5,000 or less.

The court may also impose the informal accounting requirement on reserves below $5,000.

Applies to

Will

When a spouse’s right under a will depends on surviving for a specified period, property may not be set aside or confirmed until that survivorship period expires.

(5) If a spouse's right to take under a will is conditioned on survival for a specified period of time, no property will be set aside or confirmed to the spouse until the expiration of the survivorship period.

Applies to

Ex parte application for order

The Public Administrator may submit an ex parte application for order as a miscellaneous proceeding if it is supported by a declaration establishing statutory authority to act.

the Public Administrator is authorized to submit an Ex Parte Application for Order as a miscellaneous proceeding supported by a declaration establishing the statutory authority of the Public Administrator to act.

Applies to

Special needs trust accounting

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

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

Applies to

Special needs trust accounting

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

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

Applies to

Special needs trust accounting

An account or report stating that a parent was hired as caregiver must include seven specified categories of information about the services, qualifications, benefits, compensation, IHSS use, and insurance.

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

Applies to

Petition for disclosure

The juvenile-record disclosure petition requirement does not apply to persons and agencies designated by Welfare and Institutions Code section 827(a) or parties authorized by a court-issued standing order.

This section does not apply to those persons and agencies designated by Welfare and Institutions Code section 827(a) or any party authorized to obtain records by a standing order issued by this court.

Applies to

Request for publication of summons

A request for publication of summons may be submitted using the local form or a pleading containing the same substantive information as the form.

A petitioner seeking an order for publication of summons pursuant to Code of Civil Procedure section 415.50 may submit the request on either a local form made available for that purpose or in a pleading that contains the same substantive information required on the form.

Applies to

Declaration

When technical difficulties do not prevent deadline compliance, a Registered User may file and serve a declaration documenting the service attempts, reasons for delay, discovery, corrective efforts, and the extension of time believed appropriate.

If the technical difficulties described above do not prevent a Registered User from meeting a statutory, court-ordered, or mutually-agreed deadline, the Registered User may file and serve a declaration which describes the attempt(s) made to serve the documents, provides the reason(s) service did not occur or was delayed, states how and when the non-service or delay in service was discovered, details the person’s efforts made to rectify the situation, and states with specificity the extension of time the party believes appropriate.

Applies to

Petition for advance of statutory compensation or attorney fees

The court prefers that requests for attorney fees await the filing of the first account.

The court prefers that attorney fees not be requested until the first account has been filed.