Court Rules

Stanislaus Superior Court Document Filing Requirements

681 rules from official source documents

536 of 681 checked against the court's document. Unmarked rules: Checked against the court's document A value with a question mark is not in the court's wording on its card.

Required elements, certificates, and structural requirements for court documents. This page is scoped to Stanislaus Superior Court; use the court rules overview to switch categories without leaving this court.

CRITICALProposed or draft document; may not be in force

Applies to
Motion

A party requesting a comfort animal to support a witness must file a written motion.

B. A party may request the presence of a comfort animal to support a witness at a trial or other court proceeding by filing a written motion.

CRITICALProposed or draft document; may not be in force

Applies to
Motion

A motion to allow a comfort animal must be supported by declarations addressing the animal’s benefit to the witness, its description, and its training and ability to remain quiet and in one position.

1. The motion shall be supported by a declaration(s) setting forth: a) Facts sufficient to establish the presence of a comfort animal would assist or enable the witness to testify without undue harassment or embarrassment and provide complete and truthful testimony; b) A description of the comfort animal, i.e., species, breed, size, etc.; c) A description of the training the comfort animal received, including information regarding the ability of the comfort animal to remain quiet and in one position during extended court proceedings.

CRITICALProposed or draft document; may not be in force

Applies to
Request for exemption from mandatory electronic filing and service
Must include
proposed order

A party subject to mandatory e-filing may seek an exemption by showing undue hardship or significant prejudice and filing forms EFS-007 and EFS-008.

A party required to file documents electronically may request an exemption from the requirement by showing undue hardship or significant prejudice by filing a Request for Exemption from Mandatory Electronic Filing and Service (Judicial Council Form EFS-007) with a Proposed Order (Judicial Council Form EFS-008).

CRITICALProposed or draft document; may not be in force

Applies to
Filed document

Counsel and the parties are solely responsible for redacting personal identifiers and privileged or confidential information.

The responsibility for redacting personal identifiers and privileged or confidential information rests solely with counsel and the parties.

CRITICALProposed or draft document; may not be in force

Applies to
Cover sheet

A cover sheet identifying lodged or sealed documents must be e-filed.

A cover sheet that identifies the lodged or sealed documents shall be electronically filed.

CRITICALProposed or draft document; may not be in force

Applies to
Filed document
Must include
judge name

Each filed document in a civil case assigned for all purposes must state the assigned judge’s name and department on the face page under the case number.

In all civil cases assigned to a judge for all purposes, the face page of each filed document, under the case number, shall state the name and department of the judge assigned for all purposes.

CRITICALProposed or draft document; may not be in force

Applies to
Proposed order

The proposed order must identify the documents the elisor will sign and include copies of those documents as attachments.

The proposed order must expressly identify the document(s) the elisor must sign and a copy of the document(s) must be attached to the proposed order.

CRITICALProposed or draft document; may not be in force

Applies to
Elisor application

An elisor application may be made ex parte, and its supporting declaration must state specific facts establishing the appointment’s necessity.

An application for appointment of an elisor may be made ex parte. The declaration supporting the application must include specific facts establishing the necessity for the appointment of the elisor.

CRITICALProposed or draft document; may not be in force

Applies to
Elisor application and proposed order

The elisor application and proposed order must use the stated designation, identify the person and capacity for whom the elisor will sign, and not name a specific court employee.

When applying for appointment of an elisor, the application and proposed order must designate "The Clerk of the Court or Clerk’s Designee" as the elisor and indicate for whom the elisor is being appointed and in what capacity they are to sign the document(s). The application must not set forth a specific court employee by name.

CRITICALProposed or draft document; may not be in force

Applies to
Original documents for elisor signature

The original documents presented to the elisor for signature must match the copies attached to the proposed order.

The original document(s), presented for signature by the elisor, must match the copy of the document(s) attached to the proposed order.

CRITICALProposed or draft document; may not be in force

Applies to
Documents requiring notarization

If an elisor will sign documents requiring notarization, the applicant must arrange for a notary to be present at signing.

If the elisor is signing a document/documents requiring notarization, the applicant must arrange for a notary public to be present when the elisor signs the document(s).

CRITICALProposed or draft document; may not be in force

Applies to
New case filing

When filing a new case, the plaintiff must file the CV-003 Notice of Case Management Conference.

At the time of filing a new case, Plaintiff shall file CV-003 “Notice of Case Management Conference”.

CRITICALProposed or draft document; may not be in force

Applies to
Limited jurisdiction civil collection case filing

Unless the Court specifically orders a case management conference in a limited-jurisdiction civil collection case, the plaintiff must file the local waiver form, and the Clerk's Office will assign a trial date.

Limited jurisdiction civil collection cases will not be scheduled for a case management conference unless one is specifically ordered by the Court. At the time of filing, the Plaintiff shall file the local Case Management Conference Waiver form and the Clerk's Office will assign a trial date for each such case.

CRITICALProposed or draft document; may not be in force

Applies to
Unlawful detainer complaint

When filing an unlawful detainer complaint, the plaintiff must file local form CV011, Notice of Review re: Court’s Motion to Dismiss.

At the time of filing an Unlawful Detainer Complaint, the plaintiff shall file local form entitled Notice of Review re: Court’s Motion to Dismiss (CV011).

CRITICALProposed or draft document; may not be in force

Applies to
Confidentiality agreement

The mediator must require all parties and attendees to sign a confidentiality agreement at the first mediation session.

The mediator shall require the parties and all persons attending the mediation to sign a confidentiality agreement at the first mediation session.

CRITICALProposed or draft document; may not be in force

Applies to
Audio or audiovisual recording

A transcript of the spoken content must accompany an audio or audiovisual recording containing spoken words that a party intends to offer into evidence.

Any party intending to offer into evidence an audio or audiovisual recording containing spoken words must serve on all other parties and the Court a copy of the recording in a standardized electronic format that can be readily opened and viewed without specialized software, together with a transcript of the spoken content, no later than three court days before the commencement of trial or an evidentiary hearing, unless otherwise ordered by the court.

CRITICALProposed or draft document; may not be in force

Applies to
Remote appearance request

A party requesting a remote appearance must file and serve Form RA-010 and submit proposed Form RA-020 to the Court no later than ten court days before the specified proceeding.

A party may request to appear remotely by filing and serving a Notice of Remote Appearance (Form RA-010) and submitting a proposed Order Regarding Remote Appearance (Form RA-020) to the Court no later than ten (10) court days before the evidentiary hearing, settlement conference, bench or court trial, or jury trial.

CRITICALProposed or draft document; may not be in force

Applies to
Prerogative writ petition

A prerogative writ begins with the filing of a verified petition.

A prerogative writ, also known as an extraordinary writ, begins with filing a verified petition.

CRITICALProposed or draft document; may not be in force

Applies to
Plaintiff claim

When serving form SC-100, the plaintiff must also attach and serve local form SC-001.

When serving Judicial Council form SC-100, Plaintiff’s Claim and Order to Go to Small Claims Court, the plaintiff must also attach and serve local form SC-001, Notice to Small Claims Litigants.

CRITICALProposed or draft document; may not be in force

Applies to
Request to postpone trial

A request to postpone trial under this rule must be filed on Judicial Council form SC-150 with the Court Clerk.

If the plaintiff is unable to serve the defendant timely, the plaintiff may request a later hearing date by filing Judicial Council form SC-150, Request to Postpone Trial with the Court Clerk at least two (2) days prior to the date set for hearing.

CRITICALProposed or draft document; may not be in force

Applies to
Proposed order

An order presented for signature in court must be submitted with an original and two copies.

Orders presented for signature in court shall be presented with an original and two (2) copies.

CRITICALProposed or draft document; may not be in force

Applies to
Settlement notice

A party who settles before the hearing must notify the Court in writing by submitting form CIV 100 at least one court day before the hearing.

A party who settles their claim prior to the date set for hearing must notify the Court in writing at least one (1) court day before the date of the hearing, by submitting Judicial Council Form CIV 100, Request for Dismissal.

CRITICALProposed or draft document; may not be in force

Applies to
Motion

A request to make an in-camera showing must be included in the motion.

The request to make an in-camera showing shall be made in the motion.

CRITICALProposed or draft document; may not be in force

Applies to
Motion

Motions and responses must be filed in writing unless good cause is shown.

A. All motions and responses thereto shall be filed in writing unless good cause is shown.

CRITICALProposed or draft document; may not be in force

Applies to
Motion

Motions and responses must state the department, hearing date and time, theories relied on, points and authorities, and any required declarations.

Said motions and responses shall include the department, date and time of hearing, the theories relied upon for the granting or denying of the motion, points and authorities and any required declarations.

CRITICALProposed or draft document; may not be in force

Applies to
Proposed order

An order’s signature line must be at the end, must not be followed by an attachment, and must not appear alone on a page.

The signature line must always be at the end of the order and not followed by any attachment. It should never be on a page by itself.

CRITICALProposed or draft document; may not be in force

Applies to
Motion

These motions must state the jury-trial date and the number of transcript pages being reviewed on the motion’s face sheet.

Said motions must include the date of jury trial and shall state the number of pages in the transcript of the preliminary hearing, grand jury proceedings, or other hearing being reviewed on the face sheet of the motion.

CRITICALProposed or draft document; may not be in force

Applies to
Motion

If no memorandum of points and authorities is filed, the Court deems that the motion lacks merit.

Absence of a memorandum of points and authorities shall be deemed by the Court to be a concession that the motion lacks merit.

CRITICALProposed or draft document; may not be in force

Applies to
Motion

Motions must be written and comply with Rule 4.04 and Penal Code section 1538.5.

In all cases, the motion must be written and must comply with Rule 4.04 and 1538.5 PC.

CRITICALProposed or draft document; may not be in force

Applies to
Motion

A suppression or return motion must itemize the specific items sought, or the request may be deemed abandoned; only listed items are considered unless a new item could not reasonably have been identified earlier.

The moving party shall include a complete itemized list of the specific items of property or other matters sought to be suppressed or returned. A general request to suppress or return "all evidence seized," without greater specificity, is not sufficient and shall be deemed an abandonment of the motion. Only the items listed in the motion will be considered by the court for suppression or return unless it is established the newly identified item could not reasonably be identified before the motion was filed.

CRITICALProposed or draft document; may not be in force

Applies to
Continuance motion

A continuance motion must use Local Form CR-003 and include a supporting memorandum of points and authorities and a declaration detailing specific facts showing why the continuance is necessary.

Motions must be submitted on Local Form CR-003, Notice of Motion to Continue Hearing together with (1) a memorandum of points and authorities is support of the motion; and, (2) a declaration(s) detailing specific facts showing that a continuance is necessary.

CRITICALProposed or draft document; may not be in force

Applies to
Motion

The supporting memorandum must state the specific legal and factual basis and cite supporting authority; otherwise, the motion will be summarily denied.

The moving party's memorandum of points and authorities shall identify the specific legal and factual basis and cite the specific authority which will be offered to support the claim the search or seizure was defective. Failure to identify the specific legal and factual basis for the claim will be deemed a concession the search and/or seizure was lawful and will result in summary denial of the motion.

CRITICALProposed or draft document; may not be in force

Applies to
Notice of motion

The notice of motion or response must identify on its first page any witnesses the party intends to call at the hearing.

Moving and responding parties shall specify, on the first page of the notice of motion or response, the name of the witnesses, if any, they intend to call at the hearing.

CRITICALProposed or draft document; may not be in force

Applies to
Motion

When relevant, legible copies of the warrant, supporting affidavit, and return and inventory must be appended to the moving papers.

If relevant to the motion, legible copies of the search warrant, affidavit in support of the warrant, and return and inventory shall be appended to the moving papers.

CRITICALProposed or draft document; may not be in force

Applies to
Notice of motion

A party unwilling to stipulate to admission of the preliminary examination or grand jury transcript must say so on the first page of the notice or response; otherwise, the party is deemed to have stipulated.

When any party is unwilling to stipulate to the transcript of the preliminary examination or grand jury hearing being received into evidence (supplemented by other testimony and argument of counsel, as needed), that fact shall be stated on the first page of the notice of motion or response. Failure to so indicate shall be deemed a stipulation of the transcript into evidence.

CRITICALProposed or draft document; may not be in force

Applies to
Motion

In felony and misdemeanor cases, specified trial motions must be written and accompanied by a supporting memorandum of points and authorities.

In felony and misdemeanor cases, all motions in limine, any extraordinary or complex trial motions, and any motions requiring live testimony shall be made in writing with a supporting memorandum of points and authorities.

CRITICALProposed or draft document; may not be in force

Applies to
Motion

Evidentiary motions in limine requiring testimony must be clearly labeled “LIVE TESTIMONY NECESSARY.”

All evidentiary in limine motions necessitating testimony must be clearly labeled: LIVE TESTIMONY NECESSARY.

CRITICALProposed or draft document; may not be in force

Applies to
Motion

Motions in limine seeking to exclude or admit evidence or testimony must include an itemized evidence list, a summary of expected testimony and expected witnesses, and points and authorities.

All in limine motions seeking to exclude or admit evidence or testimony shall include the following: 1. an itemized list of the evidence the party is seeking to exclude or admit; 2. a summary of the expected testimony the party is seeking to exclude or admit and a list of the witnesses the party expects will give that testimony and; 3. points and authorities.

CRITICALProposed or draft document; may not be in force

Applies to
Motion

People’s motions seeking admission under Evidence Code sections 1101(b), 1108, or 1109 must include specified available records relating to the uncharged offense, in addition to the materials required by paragraph D.

All motions made by the People seeking the admission of evidence pursuant to Evidence Code §1101(b), or 1108 or 1109, shall include, in addition to the items set forth in paragraph D, relevant portions of the police reports, transcribed witness statements, and preliminary hearing and trial transcripts, relating to the uncharged offense when such documents are available.

CRITICALProposed or draft document; may not be in force

Applies to
Jury instructions

Filed jury instructions must be in completed form and include supporting authorities.

Counsel or defendant shall file jury instructions with the Court by 1:30 p.m. on the first day of trial in completed form with supporting authorities.

CRITICALProposed or draft document; may not be in force

Applies to
Audio or video recording with audio

A recording with audio may not be marked, admitted, or played before the judge or jury until the proponent first provides the Court a written transcript.

No audio or video recording having audio shall be marked for identification, admitted as an exhibit, or played before the Judge or jury unless the proponent thereof first provides the Court with a written transcript of the recording.

CRITICALProposed or draft document; may not be in force

Applies to
Request for hearing

A request for a hearing to determine the source of bail must include a declaration or offer of proof identifying the bail agent and surety or depositor, the source and proposed payers of the bond premium, and the source, owner, and description of the security or pledge.

A. The Request for Hearing shall be accompanied by a declaration or offer of proof setting forth the following: (1) The identity of the bail agent and surety, or, if there is no surety, the depositor; (2) The source of the bond premium, including name and address of person(s) proposing to pay said premium; and (3) The source of the security or pledge, including the name and address of the owner, and description of the property.

CRITICALProposed or draft document; may not be in force

Applies to
Motion to withdraw as counsel

Retained counsel may withdraw from a criminal representation only by court order on a timely motion.

A. An attorney retained to represent a defendant in a criminal proceeding shall not withdraw from such representation except by order of the Court upon a timely motion.

CRITICALProposed or draft document; may not be in force

Applies to
Written consent to proceed by remote technology

A party or attorney seeking to proceed by remote technology must complete and file written consent.

A party or attorney must complete and file a written consent to proceed by remote technology.

CRITICALProposed or draft document; may not be in force

Applies to
Request for trial by written declaration

The request for a trial by written declaration must use Judicial Council Form TR-205.

B. A defendant may request a trial by written declaration on or before the respond by date set for on the citation, or any lawful continuance of that date as defined by Local Rule 4.27, by submitting a Request for Trial by Written Declaration (Judicial Council Form TR-205).

CRITICALProposed or draft document; may not be in force

Applies to
Community service completion letter

Proof of community service must be a letter from each agency, on letterhead, listing the completed hours, dates, and work, and signed by an authorized agency representative.

To show proof of completion of the community service hours, the defendant must obtain a letter from each agency where the hours were performed. The letter must be on letterhead and include the number of hours that were completed, the date(s) when the community service was completed, what work was completed, and it must be signed by an authorized representative of the agency.

CRITICALProposed or draft document; may not be in force

Applies to
Application to modify criminal protective order

Applicable CLETS restraining orders and custody and visitation orders must be attached to the application to modify a criminal protective order.

Copies of any applicable CLETS restraining orders and custody and visitation orders shall be attached to the Application to Modify Criminal Protective Order.

CRITICALProposed or draft document; may not be in force

Applies to
Family juvenile probate order

An order permitting contact with children must specify the contact schedule and safe exchange, must not conflict with the applicable Criminal Protective Order, and may recommend contact through the Family Court modification process.

Any order of the Family, Juvenile, or Probate Court that permits contact between a restrained person subject to CLETS restraining orders and their children shall contain specific language setting forth the schedule for such contact and the safe exchange of the children. Such an order shall not contain language that conflicts with a Criminal Protective Order that provides for no contact, or limits access to, the other parent. The Court or a Court-related agency may, however, recommend contact and direct the defendant (restrained person) to the Family Court process for modification of the order.

CRITICALProposed or draft document; may not be in force

Applies to
Renewal certificate of competency

Previously certified attorneys must submit a renewal Certificate of Competency on their applicable MCLE schedule and declare under penalty of perjury that they completed at least eight hours of dependency-related continuing training or education since their last certification.

B. In order to retain their certification to practice before the Juvenile Court, each attorney who has been previously certified by the Court shall submit a new Certificate of Competency to the Court on the attorney's schedule for compliance with Minimum Continuing Legal Education Rules and Regulations as adopted by the State Bar Board of Governors on July 8, 1995, and as it may be later amended. The attorney shall declare under penalty of perjury on the renewal Certification of Competency that they have completed at least eight hours of continuing training or education directly related to dependency proceedings since the attorney was last certified.

CRITICALProposed or draft document; may not be in force

Applies to
Advocate program report

The advocate program must regularly report to the Juvenile Court’s Presiding Judge and provide evidence that it follows the specified advocate guidelines.

The advocate program shall report regularly to the Presiding Judge of the Juvenile Court with evidence that it is operating under the guidelines established by the National Court Appointed Special Advocate Association and the California State Guidelines for child advocates. (7/1/03, 1/1/22)

CRITICALProposed or draft document; may not be in force

Applies to
Notice

Notice to the court may be filed on Judicial Council form JV-180 or by declaration and must describe the interest or right, the relevant agency or forum and its known address, and the proceeding there.

Notice to the Court may be given by filing of Judicial Council form JV-180 or by the filing of a declaration. In either case, the person giving notice shall set forth the nature of the interest or right which needs to be protected or pursued, the name and address, if known, of the administrative agency or judicial forum in which the right or interest may be affected, and the nature of the proceeding being contemplated or conducted there.

CRITICALProposed or draft document; may not be in force

Applies to
Motion

When the minor's counsel files the notice, the motion must address the action counsel believes is necessary, counsel's willingness or ability to pursue it, whether specialized counsel may be appropriate, whether a guardian ad litem may be necessary, and whether an agency should be joined.

If the person filing the notice is the counsel for the minor, the motion shall state what action on the child's behalf the attorney believes is necessary, whether the attorney is willing or able to pursue the matter on the child's behalf, whether the association of counsel specializing in practice before that agency or Court may be necessary or appropriate, whether the appointment of a guardian ad litem may be necessary to initiate or pursue the proposed action, whether joinder of an administrative agency to

CRITICALProposed or draft document; may not be in force

Applies to
JV-700 form

An attorney seeking appointment in a juvenile justice case must file a JV-700 form certifying compliance with CRC 5.664 before appointment.

Attorneys wishing to be appointed in juvenile justice cases shall certify their compliance with CRC 5.664 by filing a JV-700 form with the court prior to being appointed. (7/1/17, 1/1/22)

CRITICALProposed or draft document; may not be in force

Applies to
Advocate oath

Before beginning duties, each advocate must be sworn in by a Superior Court judicial officer and subscribe to the written oath in Exhibit A.

An advocate is an officer of the Court and is bound by these rules. Each advocate shall be sworn in by a Superior Court Judge/Referee/Commissioner before beginning their duties and shall subscribe to the written oath set forth in Exhibit A attached hereto.

CRITICALProposed or draft document; may not be in force

Applies to
Juvenile case file access request

A person or agency entitled to access or copies must file Declaration in Support of Access form JV001, except for discovery provided by probation to the parties and their attorneys of record.

To obtain access to or copies of these records, the person/agency entitled to access or copies must file a Declaration in Support of Access (JV001). This form is available and maintained in the Juvenile Court Clerk’s Office. This requirement does not apply to discovery provided by probation to the parties and their attorneys of record.

CRITICALProposed or draft document; may not be in force

Applies to
Juvenile case file access petition

All other requests for access to a juvenile case file require filing a petition for disclosure with the Juvenile Court Clerk’s Office using mandatory forms JV569 and JV570.

For all other requests to obtain access to a juvenile case file, a petition for disclosure of confidential juvenile records must be filed with the Juvenile Court Clerk’s Office using mandatory Judicial Council formsJV569 – Proof of Service for Petitioner for Access to Juvenile Case File and JV570-Petition for Access to Juvenile Case File.

CRITICALProposed or draft document; may not be in force

Applies to
Simple motion

Counsel must use the most current Simple Motion form in the Local Rules appendix.

All counsel shall be required to use the most current Simple Motion form, a copy of which is contained in the Appendix to the Local Rules.

CRITICALProposed or draft document; may not be in force

Applies to
Simple motion

The Simple Motion form is for routine matters including travel permission, quashing a protective custody warrant, name changes, appointment of counsel, and requests to vacate or reset a hearing date.

The Simple Motion shall be used for, as the name implies, routine matters such as: Permission to Travel; Quashing of a Protective Custody Warrant; Change of Name to Reflect Name on a Certified Birth Record; Appointment of Counsel; or a Request to Vacate/Reset Hearing Date.

CRITICALProposed or draft document; may not be in force

Applies to
Motion

A motion must state the date, manner, and time notice was given to counsel.

The motion shall also contain the date, manner, and time notice was given to counsel.

CRITICALProposed or draft document; may not be in force

Applies to
Motion

If exigency requires setting a motion fewer than five days after the hearing is reserved, submit a Request for Order Shortening Time and an Order Shortening Time with the motion to the Juvenile Court Clerk’s Office.

In the event there is an exigent need to set a motion in less than five days from the date the hearing is reserved, a Request for Order Shortening Time, and an Order Shortening Time, must be submitted with the motion when it is presented to the Juvenile Court Clerk’s Office.

CRITICALProposed or draft document; may not be in force

Applies to
Petition and notice of case management conference

The Clerk's Office must place the specified judicial-assignment notice on the face of the petition and the notice of case management conference.

At the time of the initial filing or initial receipt of the file, the Clerk's Office shall affix to the face of the petition and to the notice of case management conference, the following notice: (7/1/20) "THIS CASE HAS BEEN ASSIGNED TO JUDGE____________________________, DEPARTMENT _________FOR ALL PURPOSES INCLUDING TRIAL"

CRITICALProposed or draft document; may not be in force

Applies to
Notice of related case

Parties and counsel of record must file a Notice of Related Case using the appropriate Judicial Council form.

All parties and counsel of record must file a “Notice of Related Case” on the appropriate Judicial Council form in accord with the Rules of Court and Code of Civil Procedure.

CRITICALProposed or draft document; may not be in force

Applies to
Filed document
Must include
judge name

Each filed document in a family law case assigned to a judge for all purposes must identify the assigned judge and department on its face page under the case number.

In all family law cases assigned to a judge for all purposes, the face page of each filed document, under the case number, shall state the name and department of the judge assigned for all purposes. (7/1/20)

CRITICALProposed or draft document; may not be in force

Applies to
Request to enter default

Unless excused, the request to enter default must include current specified financial disclosures, and omission of required disclosures is a sufficient basis to set aside the default upon timely request.

Unless properly excused, a complete and current Income and Expense Declaration or a Financial Statement (Simplified), and a complete and current Property Declaration shall be attached to the Request to Enter Default. The failure to include the disclosure documents, if required, shall be deemed a sufficient basis to set aside the entry of default upon timely request.

Checked and corrected to match the court's document on Oct 10, 2026CRITICAL

Proposed or draft document; may not be in force

Applies to
Case management statement

Case management statements must use Local Form FL-005, and all applicable items on the form must be completed.

The parties must use the Mandatory Case Management Statement, Local Form FL- 005, which is available on the Court’s website under the “Forms” link and is also available at the Family Law Court Clerk’s Office. All applicable items on the form must be completed.

CRITICALProposed or draft document; may not be in force

Applies to
Order to show cause

An OSC must state the hearing date and time, identify the violations, and notify the recipient of the duty to appear personally.

The OSC shall specify the date and time of the hearing and give notice to the party or attorney as to the violation(s) and the duty to personally appear before the Court as specified.

CRITICALProposed or draft document; may not be in force

Applies to
Moving document

The moving document must show both hearing dates, and a filing fee is required for each date.

Both dates will appear on the face of the moving document, and a filing fee will be required for each of the hearing dates.

CRITICALProposed or draft document; may not be in force

Applies to
Family law order request

Family law order requests must use FL-300 or another mandatory Judicial Council form appropriate to the request.

All order requests from the family law court must be made on a Request for Order (FL-300) or other mandatory Judicial Council form, as required by the nature of the request.

CRITICALProposed or draft document; may not be in force

Applies to
Petition application motion or order request

Covered filings and responses involving child custody, visitation, child support, or domestic violence must prominently include a written statement notifying the Court and all parties of the specified information.

Any petition, application, motion or order request, including any response thereto, involving an issue of child custody, visitation, child support or domestic violence shall contain a prominent statement in writing notifying the Court and all parties of:

CRITICALProposed or draft document; may not be in force

Applies to
Petition application motion or order request

The required notice must disclose relevant pending or current jurisdictional actions and include the court’s name and location, case number, statutory basis, and a copy of its most recent order.

Any jurisdictional action pending or any present jurisdiction exercise by the Juvenile Court, either independently or pursuant to Welfare and Institutions Code section 304, the Superior Court, or other Court, involving the child(ren) or the parties concerned in the motion, petition or Request for Order. Such information shall include the name and location of the Court, the file number therein, the statutory basis for said action and a copy of the most recent order made in the action.

CRITICALProposed or draft document; may not be in force

Applies to
Court document

Documents filed in cases with pending hearings must show the next upcoming hearing date near the title, unless they already show a specific hearing date.

F. Other hearing dates: All documents filed in cases with pending hearings must reflect the next upcoming hearing date on the face of the document, near the title. For all documents that already reflect a specific hearing date, this rule does not apply.

CRITICALProposed or draft document; may not be in force

Applies to
Income and expense declaration

Unless good cause is shown, a moving party seeking monetary relief must complete and file a current FL-150 in the prescribed form before the case may be heard.

Except upon good cause shown, no case in which monetary relief of any kind is requested, including any request for child support, spousal support or family support, or attorney's fees and/or costs, shall be heard unless a current Income and Expense Declaration (FL-150) in the form prescribed by Rule 5.260 of the California Rules of Court has been completed and filed by the moving party.

CRITICALProposed or draft document; may not be in force

Applies to
Income and expense declaration

A declaration is current if executed within three months before the hearing or if it needs no modification to accurately state the party's financial condition as of the hearing date.

Except as may be defined elsewhere herein, "current" means executed within three (3) months of the date matter is to be heard, or when the filed declaration requires no modification to correctly state the party's income and expense condition as of the date the matter is to be heard.

CRITICALProposed or draft document; may not be in force

Applies to
Income and expense declaration

An FL-150 must answer every blank and state or reasonably estimate financial information; properly identified actual and prospective facts may both be shown when current facts are temporary.

The Income and Expense Declaration (FL-150) is not fully complete unless all blanks on the form are "answered." Notations such as "unk." for unknown, "est." for estimate, "n/a" for not applicable and "none" should be used to avoid leaving any item blank. If current facts are temporary, both the actual current facts and the estimated prospective facts may be shown if properly identified. Information concerning the party's finances shall be stated, and if not exactly known, reasonably estimated, on each declaration.

CRITICALProposed or draft document; may not be in force

Applies to
Income and expense declaration

Required income schedules must identify income sources, gross income, itemized deductions, and net income; business expense schedules must identify depreciation and other non-cash expenses.

Schedules wherever required (including all business income, commission income, rental income, interest income, etc.). These schedules shall completely set forth the source of income, total gross income, an itemization of all deductions, and the net income after deductions. Business expense schedules shall identify depreciation and any other non-cash expenses.

CRITICALProposed or draft document; may not be in force

Applies to
Factual declaration

An additional factual declaration is required when the listed circumstances apply.

An additional factual declaration shall be provided where the following circumstances are applicable:

CRITICALProposed or draft document; may not be in force

Applies to
Factual declaration

If other household members produce income, the declaration must state their relationship to the party.

If there are other income-producing household members, including a new spouse or nonmarital partner, the declaration shall state the relationship to the party, their

CRITICALProposed or draft document; may not be in force

Applies to
Family centered case resolution order

At the Court's discretion, the order must be prepared and served using Judicial Council form FL-174, a Minute Order, or Findings and Order After Hearing.

The Order shall be prepared and served on Judicial Council form FL-174, by Minute Order, or else by Findings and Order After Hearing, in the Court’s discretion.

CRITICALProposed or draft document; may not be in force

Applies to
Judicial council form fl 174

For either an agreed or requested IDC, the parties must complete and submit FL-174 for Court review and signature, include the specified language in box 9, provide the IDC date, time, and department, and include any other agreed or Court-ordered discovery provisions.

In either case, Judicial Council form FL-174 shall be completed and submitted to the Court for review and signature, specifying “IDC pursuant to Local Rules, rule 7.07(B),” in box No. 9 “Other,” including the IDC date, time and department, along with any other orders regarding discovery agreed to by the parties or ordered by the Court.

CRITICALProposed or draft document; may not be in force

Applies to
Request for order

A party seeking an elisor must use form FL-300 and support the request with facts establishing the need for the appointment.

A party must request the appointment of an elisor using a Request for Order form (FL-300) supported by facts establishing the necessity for the appointment of the elisor.

CRITICALProposed or draft document; may not be in force

Applies to
Proposed order
Must include
proposed order

The moving party must submit a proposed order naming the Clerk of the Court or Clerk’s Designee as elisor and may not name a specific court employee.

The moving party must also submit a proposed order, which designates "The Clerk of the Court or Clerk’s Designee" as the elisor. The proposed order must not set forth a specific court employee by name.

CRITICALProposed or draft document; may not be in force

Applies to
Stipulation and order

A Stipulation and Order for a continuance must state the reason for the continuance.

Any stipulation and order must state the reason for the continuance

CRITICALProposed or draft document; may not be in force

Applies to
Proposed order

The proposed order must state for whom and in what capacity the elisor will sign, identify the documents to be signed, and attach copies of those documents.

The proposed order shall indicate for whom the elisor is being appointed and in what capacity the elisor is to sign the document. The proposed order must expressly identify the document(s) the elisor must sign and a copy of the document(s) must be attached to the proposed order.

CRITICALProposed or draft document; may not be in force

Applies to
Documents for elisor signature

The documents presented to the elisor for signature must match the copies attached to the order.

The original document(s), when presented for signature by the elisor, must match the copy of the document(s) attached to the order.

CRITICALProposed or draft document; may not be in force

Applies to
Independent petition

If no proceeding is pending, an independent petition must be filed under Family Code section 3104.

If there is no pending proceeding, an independent petition must be filed as per 3104.

CRITICALProposed or draft document; may not be in force

Applies to
Request for order

Contested custody or visitation cases must be mediated, and the court will note the need for mediation on the face of any filed request for order.

All cases involving contested issues of custody and/or visitation shall be mediated, and the court will indicate the need for mediation on the face of any request for order that is filed.

Checked and corrected to match the court's document on Oct 10, 2026CRITICAL

Proposed or draft document; may not be in force

Applies to
Request for copies of therapeutic treatment records

A party or attorney seeking court-ordered therapeutic treatment records must complete and sign Form FL022 and agree to maintain confidentiality, subject to the stated court-proceeding exceptions.

any party or that party’s attorney may obtain copies of court- ordered therapeutic treatment records and notes. The party or the party’s attorney shall first complete and sign Local Form FL022 “Release of Therapeutic Treatment Notes” and shall agree to maintain the privacy and confidentiality of the disclosed records unless and until offered and admitted in a custody proceeding where the records have not been sealed by court order and/or the courtroom has not been closed to the public by court order.

CRITICALProposed or draft document; may not be in force

Applies to
Family law petition or response

A party filing a petition or response in a family law case must file the confidential information sheet, which is kept in a confidential envelope and unavailable to parties absent a court order.

Upon filing of any petition or response in any family law case type, the filing party shall file a confidential information sheet entitled “Confidential Declaration of Parties in Family Law Case” to help the Court identify the parties in the case. The confidential information sheet shall be placed in a confidential envelope maintained within the Court’s case file and shall not be made available to any parties other than the Court absent a court order.

CRITICALProposed or draft document; may not be in force

Applies to
Supporting declaration

When child support is at issue, the supporting declaration must state the statutory guideline calculation and, if the guideline is challenged, the proposed calculation and reasons.

In all matters where child support is at issue, a supporting declaration shall set forth the amount of support calculated pursuant to Family Code sections 4070-4073. If it is contended that the guideline amount is inappropriate, a declaration shall set forth the calculation of the amount alleged to be proper, and the reasons therefore.

CRITICALProposed or draft document; may not be in force

Applies to
Order

Orders submitted to the Court must comply with Family Code sections 4200-4203.

(3) Orders: All orders submitted to the Court shall comply with Family Code sections 4200-4203.

CRITICALProposed or draft document; may not be in force

Applies to
Child support stipulation

A document containing the parents’ child-support stipulation must include a completed Form FL-191 from each parent.

Any document setting forth a stipulation between the parents regarding child support must be accompanied by Child Support Case Registry forms (FL-191) completed by each parent.

CRITICALProposed or draft document; may not be in force

Applies to
Child support modification stipulation

A child-support modification stipulation will be returned unprocessed unless accompanied by a completed Form FL-191.

A stipulation to modify child support shall be returned unprocessed unless accompanied by a completed Child Support Case Registry form (FL-191).

CRITICALProposed or draft document; may not be in force

Applies to
Written order

If an order is not signed in court, the moving party must prepare a written order following the hearing or trial.

If an order is not signed in court, the moving party shall prepare a written order following any hearing or trial.

CRITICALProposed or draft document; may not be in force

Applies to
Proposed support judgment

A proposed support judgment stating an arrearage must include a supporting declaration explaining its factual basis and calculation, including each month support was unpaid and the amount owed for that month.

In the event the proposed judgment sets forth an arrearage, the party submitting the form shall attach a supporting declaration setting forth the factual basis for the arrearage and how the arrearage has been calculated. Such declaration should contain, at a minimum, the months in which support was not received and the amount of support owing for each such month.

CRITICALProposed or draft document; may not be in force

Applies to
Proposed support judgment

For a proposed judgment submitted by an institutional party, the supporting declaration must be executed by someone able to personally attest to the business record showing the arrears and interest owed.

When a proposed judgment is submitted by an institutional party, such as the Department of Child Support Services or other state of county agency, the supporting declaration shall be executed by an individual who can personally attest to the business record showing the arrears and interest owed.

CRITICALProposed or draft document; may not be in force

Applies to
Domestic violence order request
Must include
case number

A domestic-violence order request in an existing county dissolution or paternity action must use Form DV-100 and the existing case number, except for law-enforcement-generated EPOs.

If a party to a dissolution or paternity action is seeking orders because of domestic violence and there is currently a Dissolution or Paternity action filed in this county, said request shall be filed by means of a Request of Domestic Violence Prevention Order (Form DV-100) and shall use the existing case number. This does not apply to Emergency Protective Orders (EPO) that are generated by law enforcement.

CRITICALProposed or draft document; may not be in force

Applies to
Ex parte restraining order application

Covered ex parte residential exclusion, stay-away, and move-out applications must include a declaration addressing immediate and serious harm, detailed past misconduct, housing availability, and occupancy; the order will not issue if the respective residences cannot be determined.

An application for an ex parte restraining order excluding either party from the family dwelling or the dwelling of the other, or a stay away order causing the same result, must be supported by a declaration showing the danger of immediate and serious harm specifying in detail the time and place of any past act or acts of alleged misconduct as required by Family Code section 6321 and the availability of alternate housing for each party. The declaration in support of any residential stay away order or move out order must contain information stating whether the residence involved is currently occupied by one or both parties, and if not occupied by both, the declaration must contain a statement as to when one or both parties left the residence and the reason why. If the respective residences cannot be determined from the application, the ex parte order will not be issued. This rule also applies to domestic violence proceedings.

CRITICALProposed or draft document; may not be in force

Applies to
Ex parte application

An ex parte application to immediately change a minor child’s custody must include a declaration with specified allegations and custody-related information.

An application for ex parte order to immediately change the custody of any minor child(ren) must be supported by a declaration showing by clear, specific allegations that the health and welfare of the child(ren) requires immediate change of custody. (Fam. Code, § 3064, subd. (a).) The declaration shall also set forth, in brief, the circumstances in which the child would be placed pending the hearing. The declaration shall also contain a statement of which party currently has actual physical custody of the child(ren) in question, how such physical custody was obtained, and for how long the party has had such physical custody.

CRITICALProposed or draft document; may not be in force

Applies to
Ex parte application

A declaration seeking an ex parte order for exclusive use of a vehicle must demonstrate that the opposing party has suitable transportation or does not need transportation.

An ex parte order granting exclusive use of a vehicle will not be granted unless the declaration demonstrates that the opposing party either has suitable transportation available or requires no such transportation.

CRITICALProposed or draft document; may not be in force

Applies to
Modified order copies

If the Court modifies requested orders, the applicant or attorney must conform all copies before filing and service unless the Court has already done so.

If the Court modifies any requested orders, it will be the responsibility of the applicant or attorney to conform all copies with the changes before filing and service unless the Court has already done so.

CRITICALProposed or draft document; may not be in force

Applies to
Stipulation

A stipulation seeking modification of an existing order in a family law matter must be signed by both parties and their respective attorneys, if any, including a stipulation to set aside a default.

In any family law matter in which a modification of an existing order is sought by stipulation, the stipulation must be signed by both parties and their respective attorneys, if any. This includes Stipulations to Set Aside Defaults.

Checked and corrected to match the court's document on Oct 10, 2026CRITICAL

Proposed or draft document; may not be in force

Applies to
Child support stipulation

A document stipulating to child support between parents must include completed FL-191 forms from each parent, except in Title IV-D cases.

Except in Title IV- D cases, any document setting forth a stipulation between the parents regarding child support must be accompanied by Child Support Case Registry forms (FL-191) completed by each parent.

CRITICALProposed or draft document; may not be in force

Applies to
Settlement conference statement

After the Joint Settlement Conference, each party must file a signed, fully completed Local Form FL-008 Settlement Conference Statement; this rule applies when both parties are self-represented and a current restraining order prohibits personal contact.

After conclusion of the Joint Settlement Conference, each party shall file a Settlement Conference Statement signed by the party or their attorney. Said Settlement Conference Statement shall be fully completed utilizing Local Form FL-008, which is available on the Court’s website under the “Forms” link and is also available at the Family Law Court Clerk’s Office. This rule applies in cases where there exists a current restraining order prohibiting personal contact with the other party and both parties are self-represented.

CRITICALProposed or draft document; may not be in force

Applies to
Deposition transcript

Original deposition transcripts must be lodged with the Court if they will be referred to at trial.

Original transcripts of depositions must be lodged with the Court if they will be referred to at trial.

CRITICALProposed or draft document; may not be in force

Applies to
Fee or cost request

An Income and Expense Declaration (FL-150), with every item fully and accurately completed, must be submitted for fees or costs to be awarded.

Fees and costs will not be awarded unless an Income and Expense Declaration (Judicial Council form FL-150) is submitted with each item fully and accurately completed.

Checked and corrected to match the court's document on Oct 10, 2026CRITICAL

Proposed or draft document; may not be in force

Applies to
Fee and cost request

A combined request for fees and costs exceeding $1,000 must include a separate attorney-signed written declaration describing relevant factors; the listed factors may be included.

If a request is made for a combined amount of fees and costs in excess of $1,000.00, the request shall include a separate written declaration signed by the attorney, describing the factors relevant to the request which may include: (7/1/20) a. Services performed and costs incurred to date; (7/1/20) b. Time expended; (7/1/20) c. Hourly rate charged, if applicable; (7/1/20) 133 ===== PAGE 134 ===== Stanislaus County Superior Court d. Best estimate of the future services to be performed, costs to be incurred and necessity therefore; (7/1/20) e. Each party's access to community assets; (7/1/20) f. Specific amounts requested; (7/1/20) g. A full disclosure of all amounts paid by or on behalf of the party requesting fees and costs; (7/1/20) h. History of prior appearances and awards; and (7/1/20) i. Any other relevant factors. (7/1/20)

CRITICALProposed or draft document; may not be in force

Applies to
Judgment or order

After a contested trial, the party directed by the Court must prepare the judgment or order consistent with the Court’s decision and comply with California Rule of Court 3.1590.

After a contested trial, the party directed by the Court shall prepare the judgment or order in accordance with the Court's decision and shall comply with California Rule of Court 3.1590. (7/1/20, 1/1/21, 7/1/24)

CRITICALProposed or draft document; may not be in force

Applies to
Judgment

Every judgment must identify the person presenting it for signature and that person’s address in the upper-left corner.

A. Identification of Moving Party: Every judgment shall state in the upper left-hand corner the name and address of the person presenting it to the Court for signature

CRITICALProposed or draft document; may not be in force

Applies to
Judgment

A child-support stipulation for judgment or judgment must include a completed FL-191 form or it will be returned unprocessed.

C. Child Support Case Registry Form: Any stipulation for judgment or judgment addressing the issue of child support shall be returned unprocessed unless accompanied by a completed Child Support Case Registry form (FL-191).

CRITICALProposed or draft document; may not be in force

Applies to
Stipulation

A document stating a parental child-support stipulation must include FL-191 forms completed by at least one parent.

Any document setting forth a stipulation between the parents regarding child support must be accompanied by Child Support Case Registry forms (FL-191) completed by at least one parent.

CRITICALProposed or draft document; may not be in force

Applies to
Income and expense declaration

Submit a completed FL-150 when requesting child support, spousal support, specified spousal-support waiver or termination in a long-term marriage, family support, or attorney’s fees, except for the stated jurisdiction-reservation request.

D. Completed Income and Expense Declaration: An Income and Expense Declaration (FL-150) must be submitted where any one of the following orders is requested: child support, spousal support (except where a party seeks reservation of the Court's jurisdiction to award spousal support in the future), waiver or termination of spousal support in a long-term marriage (10 years or more between the date of marriage and the date of separation), family support, or attorney's fees.

CRITICALProposed or draft document; may not be in force

Applies to
Support order

The covered support orders must direct payment to the Department of Child Support Services and include its other required orders.

All such orders for support must specify that payment is to be made to the Department of Child Support Services and include all other orders required by the Department of Child Support Services.

CRITICALProposed or draft document; may not be in force

Applies to
Declaration

The Court will not grant the child-support jurisdiction reservation unless the party files the specified declaration or so testifies.

No such reservation of jurisdiction shall be granted unless the party files a declaration stating that neither the party nor the child(ren) are receiving or have applied for TANF or CalWorks or, unless the party so testifies.

CRITICALProposed or draft document; may not be in force

Applies to
Judgment

Attach copies of applicable current custody, visitation, child-support, spousal-support, and attorney-fee orders to the judgment.

G. Orders Concerning Child Custody, Child Visitation, Child Support, Spousal Support and Attorney’s Fees: Copies of current orders concerning child custody, child visitation, child support, spousal support, and attorney's fees, as applicable, shall be attached to the Judgment.

CRITICALProposed or draft document; may not be in force

Applies to
Judgment

A judgment containing any of the listed orders must require each party to keep the other informed of that party’s current address while the child is a minor.

If the judgment includes any of these orders, it must also provide that each party keep the other party informed of that party's current address during the minority of the child.

CRITICALProposed or draft document; may not be in force

Applies to
Supplemental declaration or prehearing statement

When requesting default custody and visitation orders, the moving party must state the custodial arrangement since separation, the extent of the child's contact with the non-custodial parent, and, if seeking to deny visitation, the reasons.

Where a child custody and visitation order is requested by default the moving party must, either in the supplemental declaration to the Declaration for Default or Uncontested Dissolution/Legal Separation or in the Prehearing Statement, state the following: (7/1/20) 1. Custodial arrangement since separation (7/1/20) 2. Extent of contact between the child and the non-custodial parent; and (7/1/20) 3. If the moving party seeks to deny visitation to the defaulting party, a statement concerning the reasons. (7/1/20)

CRITICALProposed or draft document; may not be in force

Applies to
Declaration

When using a declaration to support the property division, the party may list community property with its current market value, encumbrances, and equity, and the declaration must also list community obligations, creditors, and balances due.

Especially when proceeding by default, the party submitting the judgment may accomplish this by submitting a declaration listing each item of community property with current market values, encumbrances, and equities. The declaration shall also include a list of all community obligations with identities of creditors and balances due. (7/1/20)

CRITICALProposed or draft document; may not be in force

Applies to
Judgment

A judgment must identify referred-to real property by both its complete common street address and legal description; a street address alone is insufficient.

All real property referred to in the judgment must be described by its complete common street address and legal description. A judgment will not be signed if it contains only the street address. (7/1/20)

CRITICALProposed or draft document; may not be in force

Applies to
Proposed judgment

The petitioner must address spousal support for both parties in the proposed judgment.

The petitioner must address the issue of spousal support for both parties in the proposed judgment.

CRITICALProposed or draft document; may not be in force

Applies to
Spousal support order

For a marriage of at least ten years, spousal support rights may not automatically be waived or terminated without a showing of ability to self-support, and support must be reserved if the financial-support record is unclear.

A marriage of ten (10) or more years is presumptively a long-term marriage. In a long-term marriage petitioner may not automatically waive the right to receive spousal support or terminate respondent's right, absent a showing of the ability of self-support. If the record of financial support is not clear, spousal support in a long-term marriage must be reserved.

CRITICALProposed or draft document; may not be in force

Applies to
Spousal support judgment

A judgment awarding spousal support must require each party to keep the other informed of their current address until support ends.

All judgments awarding spousal shall provide that each party keep the other party informed of that party's current address until spousal support is terminated. (7/1/20)

CRITICALProposed or draft document; may not be in force

Applies to
Attorney fees request

A request for attorney's fees must be supported by a factual declaration stating the attorney's time spent on the case and hourly rate.

Any request for an award of attorney's fees must be supported by a factual declaration as provided in these local rules, indicating the amount of time the attorney spent on the case and the attorney's hourly rate. (7/1/20, 1/1/21)

CRITICALProposed or draft document; may not be in force

Applies to
Judgment

A judgment containing personal conduct restraining orders must have a CLETS form attached.

If the Judgment contains personal conduct restraining orders, a CLETS form must be attached.

CRITICALProposed or draft document; may not be in force

Applies to
Judgment

If a restraining order is in effect on Form DV-130, the judgment submission must also include a copy of the order and its expiration date.

If a restraining order is in effect on Form DV-130, a copy of the restraining order, along with the date of expiration of the restraining order must also be attached.

CRITICALProposed or draft document; may not be in force

Applies to
Notice of entry of judgment

The petitioner must submit an original and two copies of the notice of entry of judgment with the proposed judgment and required forms.

Petitioner must submit, together with the proposed judgment and any forms required above, an original and two copies of the notice of entry of judgment.

CRITICALProposed or draft document; may not be in force

Applies to
Judgment

The judge's signature must appear on the judgment after the court's orders and not after an attached agreement; appropriate party or attorney signatures must appear immediately above the judge's date-and-signature space.

The signature of the judge shall not follow any attached agreement of the parties but shall be set forth on the judgment following the orders of the Court. Where appropriate signatures of the parties and/or their attorneys shall be set forth immediately above the space provided for the date and signature of the judge. (7/1/20)

CRITICALProposed or draft document; may not be in force

Applies to
Request to enter default

When submitting a request to enter default in a dissolution or legal-separation proceeding, the petitioner must provide a sufficiently stamped, properly addressed envelope for the clerk to mail the request to the defaulted spouse.

In a proceeding for dissolution of marriage or legal separation of the parties, where a request to enter default is submitted, the petitioner shall provide the Court Clerk with a stamped envelope bearing sufficient postage addressed to the spouse who was defaulted, with the address of the Court Clerk (Clerk of the Superior Court, P.O. Box 1098, Modesto, CA, 95353-1098) as the return address, and the Court clerk shall mail a copy of the request to enter default to that spouse in the envelope provided.

CRITICALProposed or draft document; may not be in force

Applies to
Judgment by declaration

All papers needed to obtain a judgment by declaration under Family Code section 2336 must be filed with the clerk.

All papers necessary to obtain a judgment by declaration under Family Code section 2336 shall be filed with the clerk.

CRITICALProposed or draft document; may not be in force

Applies to
Declaration for default or uncontested dissolution legal separation

After default and filing the declaration concerning service of preliminary disclosures, the petitioner must file a completed Form FL-170 addressing all petition issues and requesting no relief beyond the petition.

After the default has been entered and the declaration regarding service of the preliminary declaration of disclosures has been filed, the petitioner must file a completed Declaration for Default or Uncontested Dissolution/Legal Separation (Form FL-170). This Declaration must address all issues in the Petition and may not request any orders in the judgment beyond the relief requested in the petition.

CRITICALProposed or draft document; may not be in force

Applies to
Marital settlement agreement

Court approval of a marital settlement agreement or stipulation requires one of the stated petition, signed-agreement, or judgment-endorsement approval bases.

Allegations in the petition refer to the making of the marital settlement agreement or the agreement, or a separate agreement signed and filed by the parties and their respective attorneys provides that the agreement may be presented for Court approval, or the adverse party and his attorney have endorsed their approval of the agreement on the form of judgment;

CRITICALProposed or draft document; may not be in force

Applies to
Judgment

Marital settlement agreements and stipulations for entry of judgment must be attached to the judgment and may not be filed separately.

Marital settlement agreements or stipulations for entry of judgment shall not be filed as a separate document in the court file. Rather, said document shall be attached to the judgment of dissolution, legal separation, or nullity.

CRITICALProposed or draft document; may not be in force

Applies to
Declaration

For an uncontested hearing where a Response was filed, a declaration regarding service of a current final declaration of disclosure is required.

A declaration regarding service of a current final declaration of disclosure pursuant to Family Code section 2100 et seq. is required in uncontested hearings where a Response was filed.

CRITICALProposed or draft document; may not be in force

Applies to
Proof of service

For a default hearing, proof of service of the preliminary declaration of disclosure is required.

In default hearings only proof of service of the preliminary declaration of disclosure is required. (7/1/20)

CRITICALProposed or draft document; may not be in force

Applies to
Judgment

A party may not request judgment orders beyond the relief requested in the petition.

A party may not request orders in the judgment beyond the relief requested in the petition.

CRITICALProposed or draft document; may not be in force

Applies to
Judgment

A marital settlement agreement must be attached to the judgment of dissolution.

The marital settlement agreement shall be attached to the judgment of dissolution.

CRITICALProposed or draft document; may not be in force

Applies to
Judgment

Real property referred to in a judgment must be identified by its complete common address and legal description.

All real property referred to in a judgment shall be described by its complete common address and legal description. (7/1/20)

CRITICALProposed or draft document; may not be in force

Applies to
Factual declaration

When seeking to deny visitation in the specified default-judgment circumstances, the declaration must state why visitation should not be ordered.

Where the party is seeking to deny visitation between the child/ren and the defaulting party, the reasons why visitation should not be ordered. (7/1/20)

CRITICALProposed or draft document; may not be in force

Applies to
Factual declaration

The declaration must state when the parties separated, who primarily cared for the children during the past six months, and the extent of their contact with the non-caretaker parent during that period.

In preparing the declaration, the party shall inform the court when the parties were separated, who has been the primary caretaker of the child(ren) during the immediate past six (6) months and the extent of contact between the child(ren) and the non-caretaker parent during that time. (7/1/20)

CRITICALProposed or draft document; may not be in force

Applies to
Child support declaration

For a default judgment without an attached written child-support agreement, an attached declaration must state the requested order's effective date and support amounts, the parties' net incomes, each child's name and birth date, guideline support amounts, and any factual basis for requesting below-guideline support.

Where judgment is obtained by default, and there is no attached written agreement concerning child support, an attached declaration shall state the effective date of the order sought, the amount of support sought per child and in total, the net incomes of each party, the name and birth date of each child, the amount of support suggested in the case of each child by guidelines, and whether this amount is below the statewide guidelines, and if so, the factual basis pursuant to Family Code sections 4055-4069. (7/1/20)

CRITICALProposed or draft document; may not be in force

Applies to
Spousal support request

Spousal support must be addressed for each party, and the request may seek a support amount, termination of support, or reservation of the issue.

The issue of spousal support for each party must be addressed. A support amount may be requested, support may be terminated, or the issue of support may be reserved. (7/1/20)

CRITICALProposed or draft document; may not be in force

Applies to
Judgment

A judgment may restore a party’s prior name only upon the party’s written request or request in open court.

Restoration of a party’s name prior to marriage name shall be ordered in a judgment only upon the party’s written request or request in open court.

CRITICALProposed or draft document; may not be in force

Applies to
Appearance stipulation and waivers form

Except in Department of Child Support Services support matters, obtaining an uncontested judgment requires filing an appearance, stipulation, and waivers form containing the parties’ specified agreements and waivers.

An uncontested judgment, except in Department of Child Support Services support matters, may be obtained only upon the filing of an appearance, stipulation and waivers form wherein the parties agree that the matter may be tried as an uncontested matter, waive their rights to notice of trial and Statement of Decision, and agree that the matter may be tried by a commissioner sitting as a temporary judge.

CRITICALProposed or draft document; may not be in force

Applies to
Written settlement agreement or stipulation for judgment

The stipulations and waivers do not apply unless the Court approves the written settlement agreement or stipulation for judgment.

None of the stipulations and waivers shall apply unless the Court approves the written settlement agreement or stipulation for judgment.

CRITICALProposed or draft document; may not be in force

Applies to
Declaration for default or uncontested dissolution

The moving party must file a completed declaration for default or uncontested dissolution.

The moving party must file a completed declaration for default or uncontested dissolution.

CRITICALProposed or draft document; may not be in force

Applies to
Judgment

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

Where parties want the terms of the marital settlement agreement to become the terms of the judgment, the marital settlement agreement must be incorporated into the judgment.

CRITICALProposed or draft document; may not be in force

Applies to
Stipulated judgment for nullity

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

Stipulated judgment for nullity may be signed by the Court, absent a hearing, where the stipulation or an accompanying factual declaration contains facts supporting the grounds for the nullity judgment.

CRITICALProposed or draft document; may not be in force

Applies to
Stipulation for entry of nullity judgment

Nullity judgment stipulations submitted to the Clerk must include an original and two copies of all submitted documents, plus two addressed stamped envelopes.

Stipulations for entry of nullity judgments shall be presented to the Clerk along with an original plus two (2) copies of all documents submitted, including the Judgment for Nullity and the Notice of Entry of Judgment. Also required are two (2) addressed stamped envelopes as required by Family Code section 2338.5(c).

CRITICALProposed or draft document; may not be in force

Applies to
Order after contempt hearing

After a contempt hearing, the moving party must prepare the court order and submit it to opposing counsel for approval before filing it with the Court, unless the opposing party is self-represented, in which case it goes directly to the Court.

After the contempt hearing it shall be the responsibility of the moving party to prepare an order for the signature of the Court, setting forth the findings and orders of the Court. Such an order shall be submitted to opposing counsel, when there is an opposing counsel, for approval as to form and content prior to its submission to the Court. When the opposing party is a self-represented litigant, the order will be submitted directly to the Court, without approval as to form and content by the self- represented party.

CRITICALProposed or draft document; may not be in force

Applies to
Contempt order

A proposed contempt order must set out the specified findings and the Court’s contempt and sentencing orders; the Court will not sign a noncompliant order.

The party, or attorney, preparing the order after hearing must set forth all findings of the Court: factual findings of the existence and current validity of a described order, knowledge of the contemnor of that order, the violation of that order, and the willfulness of that violation. The orders of the Court shall thereafter be set forth with regard to the finding of contempt, and the sentencing. No contempt order will be signed by the Court without compliance with the foregoing.

Checked and corrected to match the court's document on Oct 10, 2026CRITICAL

Proposed or draft document; may not be in force

Applies to
Minor counsel panel application

Applicants for the minor’s counsel panel must submit a complete, signed FL-322 and a cover letter to the Family Law Clerk’s Office; a current CV is optional, and specified portions of the FL-322 must be left blank and unfile-marked.

Counsel wishing to be included on the Court’s panel of attorneys approved for appointment as minor’s counsel shall submit a complete and signed Declaration of Counsel for a Child Regarding Qualifications (FL-322), a cover letter requesting consideration that may include any pertinent information not contained in the FL- 322 and, optionally a current curriculum vitae, to the Family Law Clerk’s Office, marked “Attention: Minor’s Counsel.” The caption of the FL-322 and item No. 2 shall be left blank and the form will not be file-marked.

Checked and corrected to match the court's document on Oct 10, 2026CRITICAL

Proposed or draft document; may not be in force

Applies to
Order appointing counsel for a child

Upon acceptance and appointment, the assigned judge must prepare and complete the FL-323 order, which must then be filed and served in accordance with applicable law and procedure.

Upon acceptance and appointment, the Order Appointing Counsel for a Child (FL- 323) shall be prepared and completed by the judge assigned to the case for all purposes and then filed and served in conformity with law and procedure.

CRITICALProposed or draft document; may not be in force

Applies to
Petition

The temporary guardianship petition must state the facts supporting the guardianship and issuance of ex parte orders.

Prior to the date set for the ex parte appointment, all petitions and documents pertinent to the temporary application shall be reviewed by the Court Investigator. The petition shall state the facts giving rise to the need for the guardianship and for issuance of ex parte orders.

CRITICALProposed or draft document; may not be in force

Applies to
Petition

Each guardianship petition must be accompanied by a detailed statement under penalty of perjury, submitted to the Family Law clerk or in pleading form marked confidential for placement in a confidential envelope.

A detailed statement under penalty of perjury of the facts giving rise to the necessity for the guardianship shall be filed with each petition. The statement shall be given to the Family Law clerk or be in pleading form and marked “Confidential”. It shall be placed in a confidential envelope by the clerk.

CRITICALProposed or draft document; may not be in force

Applies to
Petition

A petition seeking appointment of a non-petitioning guardian must include a filed consent to serve for each such guardian.

Where a petition seeks the appointment of a non-petitioning guardian, a consent to serve as guardian must be filed for each non-petition guardian.

CRITICALProposed or draft document; may not be in force

Applies to
Petition

Each guardianship petition must include a detailed statement under penalty of perjury explaining the need for the guardianship; the statement must be in pleading form, marked “Confidential,” and placed in a confidential envelope by the clerk.

A detailed statement under penalty of perjury of the facts giving rise to the necessity for the guardianship shall be filed with each petition. The statement shall be in pleading form and marked “Confidential”. It shall be placed in a confidential envelope by the clerk.

CRITICALProposed or draft document; may not be in force

Applies to
Letters

Letters must bear a digitally encrypted or fiduciary-created manual signature, and electronically filed Letters must contain the appointed individual’s electronic signature in the form’s affirmation section; typed signatures, “/s/,” and blank lines are insufficient.

Letters may be electronically filed but must bear a signature that is either digitally encrypted or manually created by the fiduciary. A typed signature, the signature indicator “/s/,” or a blank line are all insufficient.Pursuant to California Rules of Court, rule 2.257(c)(2)(B) and Code of Civil Procedure section 1010.6(e)(2)(A)(ii) electronically filed Letters must contain the electronic signature of the appointed individual(s) in the affirmation section of the applicable form.

CRITICALProposed or draft document; may not be in force

Applies to
Document relating to a matter already set for hearing

Every filed document relating to a matter already set for hearing must show the hearing date immediately below the case number on its first page.

The date of the hearing shall be placed immediately below the case number on the first page of every document filed which relates to a matter already set for hearing.

CRITICALProposed or draft document; may not be in force

Applies to
Petition
Must include
proposed order

A petition seeking approval of authority beyond that allowed by statute must specify the requested orders, powers, and reasons, and include the additional orders or powers in the proposed order.

If the filer seeks the court’s approval of any specific authority other than that allowed by statute, the petition must specify the orders, powers, and reasons. The additional orders or powers must be included in the proposed order.

Checked and corrected to match the court's document on Oct 10, 2026CRITICAL

Proposed or draft document; may not be in force

Applies to
Ex parte request

The applicant must report each interested person’s notice, participation, consent, or objection and explain the basis and lack of prejudice for proceeding ex parte when notice, participation, or consent is absent.

For each interested person identified under Formatted: Font: Book Antiqua, 12 pt, Bold subdivision B, the applicant must state whether the person received a copy of the Formatted: Font: Book Antiqua, 12 pt settlement agreement, received notice of the request for ex parte approval, participated in or consented to the settlement, or objected to the settlement. If notice was not given, or if an interested person did not participate or consent, the applicant must state the legal and factual basis for proceeding ex parte and explain why approval will not prejudice that person’s rights or affect that person’s interest without notice and an opportunity to be heard.

CRITICALProposed or draft document; may not be in force

The document must identify all of the decedent’s heirs-at-law by name and relationship.

must contain the names and relationships of all of the decedent’s heirs-at-law.

CRITICALProposed or draft document; may not be in force

Applies to
Decedent estate matter

All decedent’s estate matters must include a filed copy of the proof of service or a declaration that notice is not required.

A copy of the proof of service or a declaration that notice is not required must be filed in all decedent's estate matters.

CRITICALProposed or draft document; may not be in force

Applies to
Will proof declaration

A declaration proving a will must have a photographic copy of the will or codicil attached.

The declaration shall have a photographic copy of the will or codicil attached.

CRITICALProposed or draft document; may not be in force

Applies to
Testamentary document admissibility proof

Proof of admissibility must be submitted for each testamentary document, but proof of the codicil’s execution may suffice when the codicil expressly republishes the will.

Proof as to the admissibility of each testamentary document must be submitted except that, in the event there is a codicil which expressly republishes the will, proof of the execution of the codicil may be deemed sufficient.

CRITICALProposed or draft document; may not be in force

Applies to
Petition, original will, and proof of holographic instrument

For a holographic or handwritten will, a typewritten copy must accompany the photocopy and be attached to the petition, the original will, and the proof of holographic instrument.

If the will is holographic or handwritten, in addition to a photocopy, a typewritten copy of the will must be attached to the petition, to the original will and to the proof of holographic instrument.

CRITICALProposed or draft document; may not be in force

Applies to
Will translation

A will written in a language other than English must be accompanied by a translation prepared by a translator certified to translate from the original language.

If the will is written in a language other than English, the Court requires a translation prepared by a translator certified to translate from the original language.

CRITICALProposed or draft document; may not be in force

Applies to
Fiduciary administration petition

Petitions concerning a fiduciary’s administrative duties must name every person and entity mentioned in the decedent’s will and codicils, even if they receive no devise or bequest.

All petitions pertaining to the administrative duties of a fiduciary must include the names of all persons and entities mentioned in the decedent’s will and codicils regardless of any lack of devise or bequest to said person or entity.

CRITICALProposed or draft document; may not be in force

Applies to
Fiduciary administration petition

If the decedent created a trust, the petition must list the trustees and all trust beneficiaries.

If a trust was created by the decedent, the petition must contain a list setting forth the identification of the trustee(s) and all beneficiaries of the trust.

CRITICALProposed or draft document; may not be in force

Applies to
Petition

The petition must list contingent beneficiaries and identify the contingency or event on which their interests depend.

B. A list of contingent beneficiaries if the interest of the beneficiary is contingent as of the date of the petition, or the happening of an event, such as survivorship for a specified period.

CRITICALProposed or draft document; may not be in force

Applies to
Petition

The petition must list each person provided for in the original will whose devise was revoked by a subsequent codicil.

C. A list of each person provided for in the original will whose devise has been revoked in a subsequent codicil.

CRITICALProposed or draft document; may not be in force

Applies to
Petition

The petition must provide the petitioner’s and proposed personal representative’s street addresses and relationships to the decedent when those details are not otherwise identified in section 8.

D. The street address es and relationships to the decedent of the petitioner and the proposed personal representative when not otherwise identified in section 8 of the petition as an heir, devisee, beneficiary, or executorand his or her relationship to the decedent.

CRITICALProposed or draft document; may not be in force

Applies to
Petition

When second-generation heirs are listed, the petition must identify the deceased ancestor through whom they take and that ancestor’s relationship to the decedent.

E. The deceased ancestor through which second generation heirs take, along with the ancestor’s relationship to decedent, when second generation heirs are listed in the petition.

CRITICALProposed or draft document; may not be in force

Applies to
Ex parte petition

Except as otherwise stated, an ex parte petition must comply with CRC 3.1200 through 3.1206 and be accompanied by a declaration making an affirmative factual showing; the quoted requirement continues beyond this excerpt.

Other than as set forth above, the Court will not entertain any ex parte petition that does not comply with CRC 3.1200 through 3.1206, and is not accompanied by a declaration that makes “an affirmative factual showing … containing competent

CRITICALProposed or draft document; may not be in force

Applies to
Declaration of due diligence

Counsel seeking to waive or shorten a Probate Code notice period must submit a Declaration of Due Diligence identifying the provision, describing notice efforts or why notice was impossible, and explaining good cause.

F. Counsel requesting waiver or shortening of any notice time periods prescribed by the Probate Code must submit a Declaration of Due Diligence to the Court citing the specific notice provision at issue, setting forth facts relating to the efforts to give such notice (or facts supporting the conclusion that it was impossible to give such notice) and explaining the good cause for waiving or shortening the time.

CRITICALProposed or draft document; may not be in force

Applies to
Ex parte order

An ex parte order must be accompanied by a verified petition, or a sworn declaration where applicable, containing facts and law justifying the requested relief.

H. An ex parte order will not be granted unless accompanied by a verified petition (or a sworn declaration where applicable) containing facts and law to justify granting the requested relief.

CRITICALProposed or draft document; may not be in force

Applies to
Ex parte petition

An ex parte petition in a decedent’s estate seeking sale of stock or personal property must state whether the property is specifically bequeathed.

I. Ex parte petitions filed in decedent’s estates for the sale of stock or personal property must allege whether the property is specifically bequeathed.

CRITICALProposed or draft document; may not be in force

Applies to
Ex parte application
Must include
proposed order

Every ex parte application must include a separate, self-contained order presented to the Probate Court Clerk; an order merely granting the application or approving a sale as set forth in the petition is insufficient.

J. All applications for ex parte orders must be accompanied by a separate order complete in itself and shall be presented to the Probate Court Clerk. It is not sufficient for such an order to provide merely that the application has been granted, or that the sale of property “as set forth in the petition” has been approved.

CRITICALProposed or draft document; may not be in force

Applies to
Order

Attorneys or self-represented litigants must prepare all orders.

Attorneys or self-represented litigants are to prepare all orders.

CRITICALProposed or draft document; may not be in force

Applies to
Probate order

Probate orders and decrees must be self-contained and state the matters decided, hearing date, relief, interested persons, and affected property or money with the required particularity.

All orders or decrees in probate matters must be complete in themselves. They shall set forth all matters actually passed on by the Court, the date of hearing, the relief granted, the names of interested persons, and descriptions of property or amounts of money affected, with the same particularity required of judgments in civil matters.

CRITICALProposed or draft document; may not be in force

Applies to
Order

An order must state its general effect without relying on the petition and may not merely say that the petition is granted.

All orders must be prepared so that the general effect may be determined without reference to the petition on which the order is based. No order shall merely recite that the petition as presented is granted.

CRITICALProposed or draft document; may not be in force

Applies to
Court order

No additions or deletions may be made to a court order after it is signed.

No additions or deletions are to be made to court orders after they have been signed.

CRITICALProposed or draft document; may not be in force

Applies to
Family allowance order

A family allowance order must state its commencement date and the period during which payments are to be made.

The order shall state the commencement date and the period payments are to be made; i.e., "commencing with date of death and continuing until the inventory is filed, but not to exceed six (6) months."

CRITICALProposed or draft document; may not be in force

Applies to
Family allowance application

An application for a family allowance must include at least the applicant’s income from sources outside the estate.

The application for an allowance shall include at least the following data: A. The applicant's income from sources outside the estate,

CRITICALProposed or draft document; may not be in force

Applies to
Petition for confirmation of sale

The terms of sale in the petition for confirmation may not materially vary from the terms in the notice.

When the personal representative accepts an offer and files a petition for confirmation of sale, there cannot be a material variance in the terms of sale as between the notice and the petition.

CRITICALProposed or draft document; may not be in force

Applies to
Petition for confirmation of sale

If the notice solicits only cash offers, the court cannot confirm a sale on noncash terms.

Also, if the notice solicits cash offers only, the Court cannot confirm a sale on terms other than cash.

CRITICALProposed or draft document; may not be in force

Applies to
Legal notice of sale

Legal notices for sale of real property must include the property’s common street address in addition to its legal description.

All legal notices for the sale of real property and the petition for confirmation of sale shall contain, in addition to the legal description, the common street address of the property.

CRITICALProposed or draft document; may not be in force

Applies to
Accounting

All accountings must contain a Summary of Account.

All accountings shall contain a Summary of Account (Prob. Code §1061).

CRITICALProposed or draft document; may not be in force

Applies to
Summary of account

The Summary of Account must use the format set forth below and be the first page of the account, not part of the report body.

The Summary of Account shall contain and be in the format as set forth below. It shall be the first page of the account and should not be in the body of the report. (1/1/22)

CRITICALProposed or draft document; may not be in force

Applies to
Accounting

An account must show total charges equal to total credits.

Total charges must equal total credits (Prob. Code § 1061(10)(c).

CRITICALProposed or draft document; may not be in force

Applies to
Accounting

Accounts filed in decedent estate, guardianship, conservatorship, and trust matters must comply with the cited Probate Code provisions.

All accounts filed in decedent estates, guardianship, conservatorship and trust accounts, shall comply with Prob. Code § 1060 et seq., Prob. Code §2620 et seq., and Prob. Code § 10900 et seq.

CRITICALProposed or draft document; may not be in force

Applies to
Petition for approval of account

A petition for approval of an account must provide the specified transaction descriptions, explanations, compensation and relationship disclosures, and cash-investment allegation, in the petition or referenced schedules or exhibits.

C. Petition for approval of Account/Contents Filing: Additional information to be provided either in the body of the petition or in separate schedules or exhibits with a reference to the schedules or exhibits in the body of the petition (Prob. Code § 1064). 1. A description of all: a. Sales b. Purchases c. changes in the form of assets d. other transactions occurring during the period of the account that are not otherwise readily understandable from the schedule. (1/1/22) 2. An explanation of any unusual items appearing in the account. 3. Statement of all compensation paid to the fiduciary or to the attorney for the fiduciary other than pursuant to a prior Court order. 4. A statement disclosing any family or affiliate relationship between the fiduciary or the attorneys for the fiduciary and any agent hired by the fiduciary during the account period. Per Probate Code §1064 (a)(5); 1064(b)(c): An allegation disclosing whether all of the cash has been invested and maintained in interest bearing accounts or in investments authorized by law or the governing instrument, except for an amount of cash that is reasonably necessary for the orderly administration of the estate. (1/1/22)

CRITICALProposed or draft document; may not be in force

Applies to
Verified claim

Debt payments and funeral expenses must be supported by verified claims presented or filed within the statutory period and allowed and approved.

Payment of debts of the decedent arising upon contract or funeral expenses of the decedent must be supported by verified claims presented or filed within the statutory period and allowed and approved.

CRITICALProposed or draft document; may not be in force

Applies to
Ex parte petition for final discharge

For an approved reserve under $5,000, the personal representative need not account for the reserve and may seek discharge by filing form DE-295 with conformed copies of filed receipts for the approved distribution.

If the Petition for Final Distribution is approved with a reserve of less than $5,000, the personal representative need not account for the reserve and may be discharged on the filing of an Ex Parte Petition for Final Discharge (Judicial Council form DE-295) that attaches conformed copies of the filed receipts only for the approved distribution.

CRITICALProposed or draft document; may not be in force

Applies to
Supplemental declaration

For a reserve of at least $5,000 but under $20,000, the personal representative must file a supplemental declaration stating how the reserve was disposed of before or concurrently with the ex parte final-discharge petition.

If the Petition for Final Distribution reserves an amount equal to or greater than $5,000 but less than $20,000, the personal representative must file a supplemental declaration setting forth the disposition of the reserve before or concurrently with the Ex Parte Petition for Final Discharge.

CRITICALProposed or draft document; may not be in force

Applies to
Petition for distribution

A petition for distribution without an accounting must state sufficient facts to establish solvency, and distribution without an account is not permitted for an insolvent estate.

Although a preliminary or final distribution may be made without an accounting, sufficient facts must be set forth in the petition to allow the Court to ascertain that the estate is solvent. The Court will not permit distribution in an insolvent estate without an account.

CRITICALProposed or draft document; may not be in force

Applies to
Report

A report accompanying a waiver of account need not detail receipts and disbursements but must include the other matters required by the cited Probate Code provisions and list claims, distributable property, fees, and administration costs.

The effect of the waiver is to make it unnecessary to list the detail of receipts and disbursements. All other matters contained in Prob. Code §§1062, 1063 and 10900 must be presented in the report. Creditors' claims, property on hand to be distributed, computation of attorney's fees and executor's fees, and costs of administration, must be listed in the report. (Also refer to Local Rule 8.83).

CRITICALProposed or draft document; may not be in force

Applies to
Fee or commission calculation

Fee and commission calculations must include gains and losses on sales, and supporting schedules are required despite a waived account when the calculation uses a basis other than the Inventory and Appraisal amount.

The calculation of statutory commissions and/or attorney’s fees must include losses on sales and include gains on sales; schedules of receipts and/or gains/losses on sale will be required even when an account has been waived where an amount other than the amount of the Inventory and Appraisal is used as a basis for calculating fees or commissions.

CRITICALProposed or draft document; may not be in force

Applies to
Waiver of account

A waiver of account or acknowledgment of satisfaction on final distribution must comply with Prob. Code §10954, and each waiver must include a notarized acknowledgment of the heir’s or beneficiary’s signature.

A waiver of account or an acknowledgment that an interest has been satisfied on final distribution must comply with Prob. Code § 10954. A notarized acknowledgement of the signature of the heir or beneficiary shall be included on each waiver of account.

CRITICALProposed or draft document; may not be in force

Applies to
Account and report

A fiduciary must personally sign each required account and report; when multiple fiduciaries serve, each must sign unless the missing signature is satisfactorily explained.

Any account and report required to be filed by a fiduciary must be personally signed by the fiduciary. When more than one fiduciary is serving, the account and report must be signed by each of them, or the absence of one signature satisfactorily explained.

CRITICALProposed or draft document; may not be in force

Applies to
Status report

A filed status report must describe the estate’s condition and explain why it cannot be distributed and closed.

If such report is filed, it shall show the condition of the estate and the reasons why the estate cannot be distributed and closed.

CRITICALProposed or draft document; may not be in force

Applies to
Status report

A status report must comply with Probate Code section 12200.

Said report shall comply with Prob. Code § 12200.

CRITICALProposed or draft document; may not be in force

Applies to
Report of administration

A report of administration must state whether notice was given to reasonably ascertainable creditors.

A. Whether notice has been given to reasonably ascertainable creditors. Prob. Code § 10900.

CRITICALProposed or draft document; may not be in force

Applies to
Report of administration

A report of administration must include a schedule of filed creditor claims with each claim’s filing date, claimant, amount, and disposition.

B. Schedule of Creditor claims filed, including the date of filing the claim, the name of the claimant, the amount of the claim, and the action taken on the claim.

CRITICALProposed or draft document; may not be in force

Applies to
Report of administration

A report of administration must allege that the estate’s taxes have been paid or that arrangements have been made to pay them.

C. An allegation that all taxes due or owing by the estate have been paid or arrangements made.

CRITICALProposed or draft document; may not be in force

Applies to
Report of administration

A report of administration must allege that the requirements of Revenue and Taxation Code section 480 have been met.

D. An allegation that the requirements of the Revenue and Taxation Code §480 have been met. Prob. Code §8800(d)

CRITICALProposed or draft document; may not be in force

Applies to
Petition for distribution

A petition for distribution must state whether the representative or estate attorney knows or has reason to believe that an heir is or was confined in a listed correctional facility.

Petitions for distribution must contain allegations regarding whether or not the general personal representative or estate attorney knows or has reason to believe that an heir is or has previously been confined in a prison or facility under the jurisdiction of the Departments or Corrections or Department or Youth Authority or confined in any county or city jail, road camp, industrial farm, or other correctional facility.

CRITICALProposed or draft document; may not be in force

Applies to
Report of administration

A report of administration must allege that estate cash is invested in interest-bearing accounts, except for cash reasonably necessary for orderly administration.

I. An allegation that all cash in the estate has been invested in interest bearing accounts, except for an amount of cash that is reasonably necessary for the orderly administration of the estate.

CRITICALProposed or draft document; may not be in force

Applies to
Report of administration

A report of administration must compute requested attorney fees and representative commissions, including the fee base and gains or losses on sales, and state if either is waived.

J. A computation of the attorney fees and representative commissions requested, including the fee base, including gains or losses on sales. If the fee or commission is being waived, the petition shall so state.

CRITICALProposed or draft document; may not be in force

Applies to
Report of administration

A report of administration must itemize all administration costs, whether or not reimbursement is requested.

K. An itemization of all costs of administration, whether or not reimbursement is requested.

CRITICALProposed or draft document; may not be in force

Applies to
Petition
Must include
caption

A petition’s caption must encompass all relief sought, including the listed distribution and fee or commission requests.

L. The caption of a petition must be all-inclusive as to the relief sought. This includes, but is not limited to, a request for final distribution, distribution to a trust, request for statutory or extraordinary fees or commissions.

CRITICALProposed or draft document; may not be in force

Applies to
Report of administration

A report of administration must fully describe all assets on hand, including each asset’s legal description, assessor’s parcel number, carry value, and current fair market value.

M. A full and complete description of all assets on hand, including the legal description, assessor's parcel number, carry value and current fair market value.

Checked and corrected to match the court's document on Oct 10, 2026CRITICAL

Proposed or draft document; may not be in force

Applies to
Report of administration

A schedule must also set forth the proposed distribution.

There shall also be a schedule setting forth the proposed distribution.

CRITICALProposed or draft document; may not be in force

Applies to
Petition for distribution

A petition for distribution must set forth all independent acts taken without prior Court approval.

N. In any petition for distribution, all independent acts taken without prior Court approval shall be set forth.

CRITICALProposed or draft document; may not be in force

Applies to
Distribution

Before ordering distribution to a minor’s guardian, the Court requires a certified copy of the letters of guardianship on file.

The Court will require the following documents to be on file before making an order for distribution: A. If distribution is to be made to the guardian of a minor, a certified copy of the letters of guardianship;

CRITICALProposed or draft document; may not be in force

Applies to
Order to deposit funds in blocked account

When a minor’s estate is to be deposited in a blocked account, the specified order must be presented at the distribution hearing.

B. If a minor's estate is to be deposited in a blocked account, MC-355, "Order to Deposit Funds in Blocked Account" shall be presented at the hearing for distribution.

CRITICALProposed or draft document; may not be in force

Applies to
Custodian written notice of acceptance

When distribution is to a custodian under the California Uniform Transfers to Minors Act, the custodian’s written notice of acceptance must be provided.

C. If distribution is to a custodian under the California Uniform Transfers to Minors Act (Prob. Code §3900 et seq.), the written notice of acceptance of the office by the custodian as described on Prob. Code §6347 (b).

CRITICALProposed or draft document; may not be in force

Applies to
Parent written assurance

When distribution is made to a parent for a minor’s benefit under Probate Code section 3401, a copy of the parent’s written assurance must be provided.

D. If distribution is to be made to a parent for the benefit of a minor under Prob. Code §3401, a copy of the written assurance, pursuant to Prob. Code §3300 by such parent.

Checked and corrected to match the court's document on Oct 10, 2026CRITICAL

Proposed or draft document; may not be in force

Applies to
Heir or devisee written consent

The Court will not order distribution of an heir’s or devisee’s interest care of their attorney unless the heir’s or devisee’s written consent is filed.

The Court will not order distribution of an heir’s or devisee’s interest in the estate care- of his or her attorney, unless the written consent of the heir or devisee is filed with the Court.

CRITICALProposed or draft document; may not be in force

Applies to
Petition for fees in estate matter

A petition for fees in an estate matter must not request attorney fees for services in a joint-tenancy or life-estate termination proceeding; any such request will be disallowed.

There is no provision in the code for the determination by the Probate Court of attorneys' fees in proceedings for termination of joint tenancy or a life estate. No request for fees for services of this character shall be included in any petition for fees in an estate matter, and if so included, will be disallowed.

CRITICALProposed or draft document; may not be in force

Applies to
Distribution agreement

A written agreement signed by all involved distributees, with signatures acknowledged before a notary public, must be filed.

and a written agreement (signed by all involved distributees with signatures acknowledged before a notary public) must be filed.

CRITICALProposed or draft document; may not be in force

Applies to
Assignment of interest

If a distribution agreement assigns an interest, it must include specific assignment wording or a separate signed and notarized Assignment of Interest must be filed.

If an Agreement for Distribution contains an assignment of interest from one party to another, the agreement must contain specific wording as to the assignment or a separate form of Assignment of Interest which has been signed and acknowledged before a Notary Public must be filed in the proceeding.

CRITICALProposed or draft document; may not be in force

Applies to
Distribution agreement

If a distributee is a minor or under disability, the legal guardian must sign the agreement.

If any such distributee is a minor or is under disability, the agreement must be signed by the minor's legal guardian.

CRITICALProposed or draft document; may not be in force

Applies to
Petition for distribution

A copy of any disclaimer affecting an asset must be on file before the hearing on a petition to distribute that asset.

A copy of any disclaimer must be on file prior to the hearing of any petition for distribution of any affected asset.

CRITICALProposed or draft document; may not be in force

Applies to
Petition to establish fact of death

A petition to establish the fact of death must be filed in the deceased person's name.

A petition to establish the fact of death must be filed in the name of the deceased person whose interest has been terminated.

CRITICALProposed or draft document; may not be in force

Applies to
Petition to establish fact of death

An order establishing the fact of death may be obtained ex parte when the petition is accompanied by the specified affidavit or declaration, death certificate, joint-tenancy document, and proposed order.

The order can be obtained ex parte if the petition is accompanied by: A. An affidavit or declaration by petitioner that petitioner has no reason to believe that there is any opposition to, or contest of the petition. B. A death certificate. C. A copy of the deed or other document that created the joint tenancy, and D. The proposed order.

CRITICALProposed or draft document; may not be in force

Applies to
Spousal property petition

A spousal property petition must list the decedent's and surviving spouse's property interests on separate schedules.

The petition must list, on separate schedules, the decedent's interest and the surviving spouse's interest in the property.

CRITICALProposed or draft document; may not be in force

Applies to
Petition

A petition involving real property must include a deed demonstrating current title as an exhibit.

8. When the petition involves real property, a copy of a deed demonstrating current title shall be attached as an exhibit in support of the petition. (7/1/21)

CRITICALProposed or draft document; may not be in force

Applies to
Petition

When a petition requests distribution under the decedent’s will, proof of a subscribing witness must be filed.

A. If the distribution requested in the petition is pursuant to the decedent’s will, a proof of subscribing witness shall be filed in the proceedings.

CRITICALProposed or draft document; may not be in force

Applies to
Petition

A petition involving real property must include a deed demonstrating current title as an exhibit.

B. When the petition involves real property, a copy of a deed demonstrating current title shall be attached as an exhibit in support of the petition.

CRITICALProposed or draft document; may not be in force

Applies to
Notice of proposed action

When notice of proposed action is required before an act under IAEA authority, the original notice and an attached affidavit of mailing must be filed with the Court.

B. If notice of proposed action is required prior to performance of an act under IAEA authority, the original of the Notice of Proposed Action, with attached affidavit of mailing, shall be filed with the Court. (7/1/99)

CRITICALProposed or draft document; may not be in force

Applies to
Petition

The temporary conservatorship petition must state the facts establishing the need for it.

The petition shall state the facts giving rise to the need for the temporary conservatorship.

CRITICALProposed or draft document; may not be in force

Applies to
Account

An account in a guardianship proceeding involving multiple wards must provide a separate accounting for each ward.

Where there are multiple wards joined in a single guardianship proceeding an account shall reflect a separate accounting for each of the respective wards.

CRITICALProposed or draft document; may not be in force

Applies to
Petition

A petition seeking a finding of a spouse’s incapacity must be accompanied by a qualifying medical declaration that specifies the relevant incapacity.

In order for the Court to make a finding that a spouse lacks legal capacity, there must be presented with Petition a declaration from a doctor or medical practitioner that complies with Probate Code § 810, 811 and 812. The declaration must specifically state that the person lacks the capacity to make a decision or perform the specific act required to complete the transaction.

CRITICALProposed or draft document; may not be in force

Applies to
Petition

A substituted-judgment petitioning party must diligently inform the Court of all relevant circumstances and information a reasonable person in the conservatee’s position would want to know.

Any party filing a petition for substituted judgment must use due diligence to fully inform the Court of all relevant circumstances. The petitioning party must use due diligence to inform the Court of everything a reasonable person in the conservatee’s position would have wanted to know before deciding whether or not a proposed action should be taken.

CRITICALProposed or draft document; may not be in force

Applies to
Petition

A petition requesting each Probate Code § 2591 power must state the facts and reasons justifying its independent exercise.

The petition must state for each Probate Code § 2591 power requested, the facts and reasons which justify the independent exercise of the power.

CRITICALProposed or draft document; may not be in force

Applies to
Petition

The first petition seeking authority to encumber, list, or sell a conservatee’s present or former residence must include the information required by Probate Code § 2540(b) in a declaration.

Additionally, if the power to sell or encumber a conservatee’s present or former personal residence is requested, the information required under Probate Code § 2540(b) must be included in the petition by way of a declaration the first time the conservator seeks authority to encumber, list or sell the conservatee’s present or former personal residence.

CRITICALProposed or draft document; may not be in force

Applies to
Sale of real property

When authority to sell real property is granted in a way that eliminates publication of notice of sale, the sale must be confirmed by the Court.

Where the power is granted to sell real property (thereby eliminating the need to publish notice of sale), the Court requires the sale to be confirmed by the Court.

CRITICALProposed or draft document; may not be in force

Applies to
Account

All accounts must include the information required by Probate Code §§ 2620 and 1060 et seq.

All accounts must include the information required by Prob. Code §§2620 and 1060 et. seq.

CRITICALProposed or draft document; may not be in force

Applies to
Account

Every filed accounting must include copies of statements showing the accounting period’s ending date for each bank, mutual fund, brokerage, or other investment account.

A copy of the bank statements which include the ending date of the accounting period for each bank account, mutual fund account, brokerage account or other investment account shall be attached to every accounting filed.

CRITICALProposed or draft document; may not be in force

Applies to
Final account

A final account for a deceased ward or conservatee must separately account for transactions before and after the date of death.

Final accounts for deceased wards or conservatees shall include separate accounts for transactions before the date of death and transactions after the date of death in accordance with Prob. Code § 2620.

CRITICALProposed or draft document; may not be in force

Applies to
Account

If termination distribution is to a fiduciary appointed in another court action, a certified copy of the Letters of Appointment must be filed with the account.

If the distribution upon termination of guardianship or conservatorship of the estate is to be made to a fiduciary appointed in another Court action, such as a probate estate, a certified copy of the Letters of Appointment shall be filed with the account.

CRITICALProposed or draft document; may not be in force

Applies to
Report

If distribution is made under Probate Code § 13100, the required affidavit or declaration must be filed with the report.

If distribution is to be made pursuant to Prob. Code § 13100, the affidavit or declaration required therein shall be filed with the report.

CRITICALProposed or draft document; may not be in force

Applies to
Court investigator report

The Court Investigator must file a report for each accounting unless the conservatee is deceased.

The Court Investigator shall file a report with the Court in respect to each accounting filed unless the conservatee is deceased.

CRITICALProposed or draft document; may not be in force

Applies to
Court investigator report

The Investigator’s review must assess the account’s compliance with Probate Code § 1060 et seq. and the appropriateness of disbursements, in addition to the cited statutory requirements.

In addition to those requirements set forth in Prob. Code §§ 1513, 1826, 1894, 1951 and 2684, the Investigator shall review the account to ascertain that it is in compliance with Prob. Code § 1060 et. seq. and whether the disbursements are appropriate.

CRITICALProposed or draft document; may not be in force

Applies to
Adoption finalization submission

Before finalization, the adoption or investigating agency must file its written recommendation and a completed, signed Court Report of Adoption (State Form VS-44).

B. The adoption agency or investigating agency has filed with the Court its written report to recommend granting or denying the petition, and the agency has also filed with the Court the completed and signed Court Report of Adoption (State Form VS- 44).

CRITICALProposed or draft document; may not be in force

Applies to
Adoption finalization submission

Before finalization, petitioners must submit the unsigned Consent and Agreement to Adoption, proposed Decree of Adoption, and local-form Request for Default or Uncontested Hearing to the adoption clerk.

C. Petitioners have submitted to the adoption clerk an unsigned Consent and Agreement to Adoption; the proposed Decree of Adoption; and a Request for Default or Uncontested Hearing (Stanislaus County Local Form).

CRITICALProposed or draft document; may not be in force

Applies to
Investigation report

The court must receive and review the Family Code § 7663 investigation report before the termination hearing.

Prior to the hearing on termination parental rights pursuant to these sections, the Court must receive and review the investigation report mandated by Family Code § 7663.

CRITICALProposed or draft document; may not be in force

Applies to
Investigation report

For a termination action filed pursuant to an independent adoption, the specified Oakland state agency office is responsible for filing the investigation report.

If the termination action is filed pursuant to an independent adoption, the Oakland District Office of the State Department of Social Services, Adoptions Branch, is responsible for filing the report.

CRITICALProposed or draft document; may not be in force

Applies to
Investigation report

For an action filed pursuant to a step-parent adoption, the specified county agency or its designee is responsible for filing the investigation report.

If the action is filed pursuant to a step-parent adoption, the Stanislaus County Community Services Agency, Child Welfare Section, or their designee is responsible for filing the report.

CRITICALProposed or draft document; may not be in force

Applies to
Investigation report

The court must receive and review the Family Code § 7851 investigation report before ruling on the petition.

Prior to ruling on the petition, the Court must receive and review the investigation report required by Family Code § 7851.

CRITICALProposed or draft document; may not be in force

Applies to
Information provided to investigator

Petitioners must provide the Investigator with contact information for themselves, the minor, and the birth parents to the extent known.

Petitioners must also provide the Investigator with contact information such as telephone numbers and addresses, for themselves, the minor(s), and the birth parents (to the extent known).

CRITICALCriminal cases

Applies to
Report

The report accompanying the mailed schedule must state how the revised schedule differs from the applicable Judicial Council uniform schedule.

After a court adopts a countywide bail and penalty schedule, under Penal Code section 1269b, the court must, as soon as practicable, mail a copy of the schedule to the Judicial Council with a report stating how the revised schedule differs from the council’s uniform traffic bail and penalty schedule, uniform boating bail and penalty schedule, uniform fish and game bail and penalty schedule, uniform forestry bail and penalty schedule, uniform public utilities bail and penalty schedule, uniform parks and recreation bail and penalty schedule, or uniform business licensing bail and penalty schedule.

CRITICAL

Applies to
Remote appearance request
Must include
proposed order

A request for remote appearance must include a proposed Order Regarding Remote Appearance submitted to the Court.

1. A party may request to appear remotely by filing and serving a Notice of Remote Appearance (Form RA-010) and submitting a proposed Order Regarding Remote Appearance (Form RA-020) to the Court no later than ten (10) court days before the evidentiary hearing, settlement conference, bench or court trial, or jury trial.

CRITICAL

Applies to
Petition

A prerogative writ proceeding begins with a verified petition.

A prerogative writ, also known as an extraordinary writ, begins with filing a verified petition.

CRITICAL

Applies to
Comfort animal motion

A request to allow a comfort animal to support a witness must be made by written motion supported by declarations describing the need for the animal, the animal, and its training and ability to remain quiet and in one position.

B. A party may request the presence of a comfort animal to support a witness at a trial or other court proceeding by filing a written motion. 1. The motion shall be supported by a declaration(s) setting forth: a) Facts sufficient to establish the presence of a comfort animal would assist or enable the witness to testify without undue harassment or embarrassment and provide complete and truthful testimony; b) A description of the comfort animal, i.e., species, breed, size, etc.; c) A description of the training the comfort animal received, including information regarding the ability of the comfort animal to remain quiet and in one position during extended court proceedings.

CRITICAL

Applies to
Cover sheet

An electronically filed cover sheet must identify the lodged or sealed documents.

A cover sheet that identifies the lodged or sealed documents shall be electronically filed.

CRITICAL

Applies to
Complaint or petition and notice of case management conference

At initial filing or receipt, the Clerk’s Office must affix the specified assignment notice to the complaint or petition and notice of case management conference.

At the time of initial filing or initial receipt of the file, the Clerk’s Office shall affix to the face of the complaint or petition and to the notice of case management conference, the following notice: "THIS CASE HAS BEEN ASSIGNED TO JUDGE -------------------, DEPARTMENT ------------FOR ALL PURPOSES INCLUDING TRIAL".

CRITICAL

Applies to
Filed document
Must include
judge name

The face page of each filed document must state the assigned judge’s name and department beneath the case number.

In all civil cases assigned to a judge for all purposes, the face page of each filed document, under the case number, shall state the name and department of the judge assigned for all purposes.

CRITICAL

Applies to
Elisor appointment application

An elisor appointment application must include a supporting declaration stating specific facts that establish the appointment’s necessity.

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

CRITICAL

Applies to
Elisor appointment application and proposed order

An elisor application and proposed order must designate the clerk or designee and identify for whom, and in what capacity, the elisor will sign.

When applying for appointment of an elisor, the application and proposed order must designate "The Clerk of the Court or Clerk’s Designee" as the elisor and indicate for whom the elisor is being appointed and in what capacity they are to sign the document(s).

CRITICAL

Applies to
Elisor appointment application

An elisor application must not identify a specific court employee by name.

The application must not set forth a specific court employee by name.

CRITICAL

Applies to
Elisor appointment proposed order

The proposed order must identify the documents the elisor will sign and include copies of those documents as attachments.

The proposed order must expressly identify the document(s) the elisor must sign and a copy of the document(s) must be attached to the proposed order.

CRITICAL

Applies to
Documents presented to elisor

The original documents presented to the elisor for signature must match the copies attached to the proposed order.

The original document(s), presented for signature by the elisor, must match the copy of the document(s) attached to the proposed order.

CRITICAL

Applies to
New case

When filing a new case, the plaintiff must file the local Notice of Case Management Conference form, CV-003.

At the time of filing a new case, Plaintiff shall file CV-003 “Notice of Case Management Conference”.

CRITICAL

Applies to
Unlawful detainer complaint

When filing an unlawful detainer complaint, the plaintiff must file local form CV011, Notice of Review re: Court’s Motion to Dismiss.

At the time of filing an Unlawful Detainer Complaint, the plaintiff shall file local form entitled Notice of Review re: Court’s Motion to Dismiss (CV011).

CRITICAL

Applies to
Plaintiff claim

When serving form SC-100, the plaintiff must also attach and serve local form SC-001.

When serving Judicial Council form SC-100, Plaintiff’s Claim and Order to Go to Small Claims Court, the plaintiff must also attach and serve local form SC-001, Notice to Small Claims Litigants.

CRITICAL

Applies to
Request to postpone trial

A request to postpone trial in this situation must be filed with the Court Clerk using Judicial Council form SC-150.

If the plaintiff is unable to serve the defendant timely, the plaintiff may request a later hearing date by filing Judicial Council form SC-150, Request to Postpone Trial with the Court Clerk at least two (2) days prior to the date set for hearing.

CRITICAL

Applies to
Motion and response

Motions and responses must state the department and hearing date and time, the theories relied upon, points and authorities, and any required declarations.

Said motions and responses shall include the department, date and time of hearing, the theories relied upon for the granting or denying of the motion, points and authorities and any required declarations.

CRITICAL

Applies to
Motion

A Penal Code section 995 motion must be heard by a judge other than the trial judge; Calendar Management assigns the judge and sets the hearing date with that judge’s courtroom clerk, and counsel must provide at least three alternate dates.

Motions pursuant to Penal Code section 995 shall be heard by a judge other than the assigned trial judge. The Calendar Management Department shall assign the judge who will hear the motion. Hearing dates will be set by Calendar Management in conjunction with the courtroom clerk of the judge assigned to hear the motion. Counsel shall provide at least three alternate dates for the hearing.

CRITICAL

Applies to
Motion
Must include
legal argument

If a motion lacks a memorandum of points and authorities, the Court will deem that omission a concession that the motion lacks merit.

Absence of a memorandum of points and authorities shall be deemed by the Court to be a concession that the motion lacks merit.

CRITICAL

Applies to
Request to exceed page limit

A party may seek permission to exceed the 15-page limit by written notice to the scheduled court two days before the motion is filed or the response is due, stating good cause.

Any party may request by written notice to the court scheduled to hear the motion, a request to exceed the fifteen (15) page limitation two (2) days before the motion is to be filed or response due. Such written request set forth good cause why the fifteen (15) page limit needs to be exceeded.

CRITICAL

Applies to
Memorandum of points and authorities

The moving party’s memorandum must identify the specific factual and legal basis for challenging the search or seizure and cite supporting authority; failure to do so is deemed a concession that the search or seizure was lawful and results in summary denial.

B. Specification of Factual and Legal Basis for Motion: The moving party's memorandum of points and authorities shall identify the specific legal and factual basis and cite the specific authority which will be offered to support the claim the search or seizure was defective. Failure to identify the specific legal and factual basis for the claim will be deemed a concession the search and/or seizure was lawful and will result in summary denial of the motion.

CRITICAL

Applies to
Notice of motion or response

Moving and responding parties must identify intended hearing witnesses, if any, on the first page of the notice of motion or response.

Moving and responding parties shall specify, on the first page of the notice of motion or response, the name of the witnesses, if any, they intend to call at the hearing.

CRITICAL

Applies to
Moving papers

When relevant to the motion, legible copies of the warrant, supporting affidavit, return, and inventory must be appended to the moving papers.

If relevant to the motion, legible copies of the search warrant, affidavit in support of the warrant, and return and inventory shall be appended to the moving papers.

CRITICAL

Applies to
Notice of motion or response

A party unwilling to stipulate to admission of the preliminary examination or grand jury transcript must say so on the first page of the notice of motion or response; otherwise, the party is deemed to stipulate.

When any party is unwilling to stipulate to the transcript of the preliminary examination or grand jury hearing being received into evidence (supplemented by other testimony and argument of counsel, as needed), that fact shall be stated on the first page of the notice of motion or response. Failure to so indicate shall be deemed a stipulation of the transcript into evidence.

CRITICAL

Applies to
Motion

In felony and misdemeanor cases, the specified trial motions must be written and include a supporting memorandum of points and authorities.

In felony and misdemeanor cases, all motions in limine, any extraordinary or complex trial motions, and any motions requiring live testimony shall be made in writing with a supporting memorandum of points and authorities.

CRITICAL

Applies to
Evidentiary in limine motion

Evidentiary in limine motions requiring testimony must be clearly labeled “LIVE TESTIMONY NECESSARY.”

All evidentiary in limine motions necessitating testimony must be clearly labeled: LIVE TESTIMONY NECESSARY.

CRITICAL

Applies to
In limine motion

In limine motions seeking to admit or exclude evidence or testimony must include an itemized evidence list, a summary of the expected testimony with the expected witnesses, and points and authorities.

All in limine motions seeking to exclude or admit evidence or testimony shall include the following: 1. an itemized list of the evidence the party is seeking to exclude or admit; 2. a summary of the expected testimony the party is seeking to exclude or admit and a list of the witnesses the party expects will give that testimony and; 3. points and authorities.

CRITICAL

Applies to
Motion

Motions by the People seeking admission of evidence under Evidence Code sections 1101(b), 1108, or 1109 must include relevant available materials relating to the uncharged offense, in addition to the items set forth in paragraph D.

All motions made by the People seeking the admission of evidence pursuant to Evidence Code §1101(b), or 1108 or 1109, shall include, in addition to the items set forth in paragraph D, relevant portions of the police reports, transcribed witness statements, and preliminary hearing and trial transcripts, relating to the uncharged offense when such documents are available.

CRITICAL

Applies to
Jury instructions

Jury instructions must be filed in completed form with supporting authorities.

Counsel or defendant shall file jury instructions with the Court by 1:30 p.m. on the first day of trial in completed form with supporting authorities.

CRITICAL

Applies to
Request for hearing

A request for a hearing to determine the source of bail must include a declaration or offer of proof identifying the bail agent and surety or depositor, the source and proposed payers of the premium, and the source, owner, and description of the security or pledge.

A. The Request for Hearing shall be accompanied by a declaration or offer of proof setting forth the following: (1) The identity of the bail agent and surety, or, if there is no surety, the depositor; (2) The source of the bond premium, including name and address of person(s) proposing to pay said premium; and (3) The source of the security or pledge, including the name and address of the owner, and description of the property.

CRITICAL

Applies to
Motion to withdraw counsel

Retained counsel may withdraw from a criminal representation only by Court order on a timely motion.

A. An attorney retained to represent a defendant in a criminal proceeding shall not withdraw from such representation except by order of the Court upon a timely motion.

CRITICAL

Applies to
Motion to be relieved

Except when the defendant fails to appear and a bench warrant is issued, motions to be relieved must be in writing and served by counsel on the defendant before the hearing.

B. Except when a defendant fails to appear and a bench warrant is issued, all motions to be relieved shall be in writing and served by counsel on defendant prior to the hearing

CRITICAL

Applies to
Search warrant request

Search warrant requests must be submitted in proper and completed form.

All requests for search warrants must be submitted in proper and completed form.

Checked and corrected to match the court's document on Oct 10, 2026CRITICAL

Applies to
Motion to continue

A motion to continue must use Local Form CR-003 and include a supporting memorandum and a declaration containing the specified facts.

Motions 59 ===== PAGE 60 ===== Stanislaus County Superior Court must be submitted on Local Form CR-003, Notice of Motion to Continue Hearing together with (1) a memorandum of points and authorities is support of the motion; and, (2) a declaration(s) detailing specific facts showing that a continuance is necessary. The declaration shall state the following: (1/1/23) 1. Position of opposing counsel or party to the motion to continue; 2. Proposed new date of hearing or trial, and availability of all material witnesses for the proposed new date; and, 3. Number of times the matter has been continued, by which party(ies), and reasons for prior continuance(s).

Checked and corrected to match the court's document on Oct 10, 2026CRITICAL

A defendant who enters a not guilty plea in writing must complete and file form TR-006 with the Clerk’s Office by the citation’s “appear/respond by” date.

If the defendant elects to enter a not guilty plea in writing, form TR-006 (Advisement of Rights and Plea of Not Guilty in Writing) must be completed and filed with the Clerk’s Office by the “appear/respond by” date on the citation.

CRITICAL

Applies to
Written consent to proceed by remote technology

A party or attorney must complete and file written consent to proceed by remote technology.

A party or attorney must complete and file a written consent to proceed by remote technology.

CRITICAL

Applies to
Trial by written declaration request

A defendant requesting a trial by written declaration must submit Judicial Council Form TR-205 on or before the citation’s respond-by date or a lawful continuance of that date.

A defendant may request a trial by written declaration on or before the respond by date set for on the citation, or any lawful continuance of that date as defined by Local Rule 4.27, by submitting a Request for Trial by Written Declaration (Judicial Council Form TR-205).

CRITICAL

Applies to
Ability to pay hearing request

A request for an ability-to-pay hearing must include financial documentation.

Financial documentation must be submitted with any request for an “ability to pay” hearing.

CRITICAL

Applies to
Community service completion letter

Proof of community service must be a letter from each agency, on letterhead, stating the hours, dates, and work completed and signed by an authorized agency representative.

To show proof of completion of the community service hours, the defendant must obtain a letter from each agency where the hours were performed. The letter must be on letterhead and include the number of hours that were completed, the date(s) when the community service was completed, what work was completed, and it must be signed by an authorized representative of the agency.

CRITICAL

Applies to
Application to modify criminal protective order

The application must include applicable restraining, custody, and visitation orders, the specified criminal and related case numbers, and the appropriate judge’s signature before submission to the Criminal Clerk’s Office.

Copies of any applicable CLETS restraining orders and custody and visitation orders shall be attached to the Application to Modify Criminal Protective Order. The District Attorney, Probation, Defendant or their attorney, Protected Person or their attorney or any other division of the Court, may present the Application to Modify Criminal Protective Order to the Criminal Court. The application shall contain the case numbers of both the Criminal case and any Family, Juvenile, or Probate cases involving the defendant and the protected person and must be signed by the appropriate Judge prior to being presented to the Criminal Clerk's Office for scheduling of the hearing.

CRITICAL

Applies to
Family juvenile or probate contact order

An order allowing a restrained person subject to a CLETS restraining order to contact their children must specify the contact schedule and safe exchange arrangements and must not conflict with the applicable Criminal Protective Order.

Any order of the Family, Juvenile, or Probate Court that permits contact between a restrained person subject to CLETS restraining orders and their children shall contain specific language setting forth the schedule for such contact and the safe exchange of the children. Such an order shall not contain language that conflicts with a Criminal Protective Order that provides for no contact, or limits access to, the other parent.

CRITICAL

Applies to
Renewal certification of competency

A renewal Certification of Competency must include a declaration under penalty of perjury that the attorney completed at least eight hours of dependency-related continuing education since last certification.

The attorney shall declare under penalty of perjury on the renewal Certification of Competency that they have completed at least eight hours of continuing training or education directly related to dependency proceedings since the attorney was last certified.

CRITICAL

Applies to
Motion and response

Motions and responses must identify the department and hearing date and time, state the theories relied on and include points and authorities and any required declarations.

Said motions and responses shall include the department, date and time of hearing, the theories relied upon for the granting or denying of the motion, points and authorities and any required declarations.

CRITICAL

Applies to
Motion

A motion must state the date, manner, and time notice was given to counsel.

The motion shall also contain the date, manner, and time notice was given to counsel.

CRITICAL

Applies to
Motion

Without a memorandum of points and authorities, the court will deem the motion meritless; the court will consider only issues stated in the memorandum unless they were not reasonably discoverable earlier or good cause is shown.

Absence of a memorandum of points and authorities shall be deemed by the Court to be a concession that the motion lacks merit. No issues other than those set forth in the memorandum of points and authorities will be considered unless they were not reasonably discoverable before the motion was filed, or there is other good cause shown.

CRITICAL

Applies to
Notice

Notice may be filed using Judicial Council form JV-180 or a declaration and must identify the interest or right, the affected agency or forum and its address if known, and the contemplated or ongoing proceeding.

B. Notice to the Court may be given by filing of Judicial Council form JV-180 or by the filing of a declaration. In either case, the person giving notice shall set forth the nature of the interest or right which needs to be protected or pursued, the name and address, if known, of the administrative agency or judicial forum in which the right or interest may be affected, and the nature of the proceeding being contemplated or conducted there.

Checked and corrected to match the court's document on Oct 10, 2026CRITICAL

Applies to
Motion

When the minor’s counsel files the notice, the motion must address the proposed action, counsel’s ability and willingness to pursue it, possible specialized counsel or guardian ad litem, possible agency joinder, and whether further investigation may be needed.

C. If the person filing the notice is the counsel for the minor, the motion shall state what action on the child's behalf the attorney believes is necessary, whether the attorney is willing or able to pursue the matter on the child's behalf, whether the association of counsel specializing in practice before that agency or Court may be necessary or appropriate, whether the appointment of a guardian ad litem may be necessary to initiate or pursue the proposed action, whether joinder of an administrative agency to 87 ===== PAGE 88 ===== Stanislaus County Superior Court the Juvenile Court proceedings pursuant to Welfare and Institutions Code section 362 may be appropriate or necessary to protect or pursue the child's interests and whether further investigation may be necessary.

CRITICAL

Applies to
JV-700 form

An attorney seeking appointment in a juvenile justice case must file a JV-700 form certifying compliance with CRC 5.664 before appointment.

Attorneys wishing to be appointed in juvenile justice cases shall certify their compliance with CRC 5.664 by filing a JV-700 form with the court prior to being appointed.

CRITICAL

Applies to
Juvenile record access request

A person or agency entitled to juvenile-record access must file Declaration in Support of Access (JV001), except for discovery provided by probation to parties and their attorneys of record.

To obtain access to or copies of these records, the person/agency entitled to access or copies must file a Declaration in Support of Access (JV001). This form is available and maintained in the Juvenile Court Clerk’s Office. This requirement does not apply to discovery provided by probation to the parties and their attorneys of record.

CRITICAL

Applies to
Petition for access to juvenile case file

Other requests for access to a juvenile case file require filing a petition with the Juvenile Court Clerk’s Office using mandatory forms JV569 and JV570.

For all other requests to obtain access to a juvenile case file, a petition for disclosure of confidential juvenile records must be filed with the Juvenile Court Clerk’s Office using mandatory Judicial Council formsJV569 – Proof of Service for Petitioner for Access to Juvenile Case File and JV570-Petition for Access to Juvenile Case File.

CRITICAL

Applies to
Simple motion

Counsel must use the most current Simple Motion form in the Local Rules Appendix.

All counsel shall be required to use the most current Simple Motion form, a copy of which is contained in the Appendix to the Local Rules.

CRITICAL

Applies to
Motion

If exigent circumstances require setting a motion less than five days from the hearing reservation date, the motion must be submitted with a Request for Order Shortening Time and an Order Shortening Time.

In the event there is an exigent need to set a motion in less than five days from the date the hearing is reserved, a Request for Order Shortening Time, and an Order Shortening Time, must be submitted with the motion when it is presented to the Juvenile Court Clerk’s Office.

CRITICAL

Applies to
Petition and notice of case management conference

At initial filing or receipt, the Clerk’s Office must place the specified judicial-assignment notice on the petition and notice of case management conference.

At the time of the initial filing or initial receipt of the file, the Clerk's Office shall affix to the face of the petition and to the notice of case management conference, the following notice: (7/1/20) "THIS CASE HAS BEEN ASSIGNED TO JUDGE____________________________, DEPARTMENT _________FOR ALL PURPOSES INCLUDING TRIAL"

CRITICAL

Applies to
Filed document
Must include
judge name

In family law cases assigned to a judge for all purposes, each filed document must identify that judge and department on the face page under the case number.

In all family law cases assigned to a judge for all purposes, the face page of each filed document, under the case number, shall state the name and department of the judge assigned for all purposes.

Checked and corrected to match the court's document on Oct 10, 2026CRITICAL

Applies to
Case management statement

Case management statements must use Local Form FL-005, with all applicable items completed.

The parties must use the Mandatory Case Management Statement, Local Form FL- 005, which is available on the Court’s website under the “Forms” link and is also available at the Family Law Court Clerk’s Office. All applicable items on the form must be completed.

CRITICAL

Applies to
Order to show cause

An OSC must state the hearing date and time, identify the violations, and notify the party or attorney of the duty to appear personally.

The OSC shall specify the date and time of the hearing and give notice to the party or attorney as to the violation(s) and the duty to personally appear before the Court as specified.

CRITICAL

Applies to
Family law order request

Family law court order requests must use Form FL-300 or another mandatory Judicial Council form appropriate to the request.

All order requests from the family law court must be made on a Request for Order (FL-300) or other mandatory Judicial Council form, as required by the nature of the request. (7/1/20, 1/1/21)

CRITICAL

Applies to
Petition application motion or order request

Covered custody, visitation, child-support, or domestic-violence filings must prominently disclose related pending or current jurisdictional proceedings and provide specified court and case information and the latest order.

Any petition, application, motion or order request, including any response thereto, involving an issue of child custody, visitation, child support or domestic violence shall contain a prominent statement in writing notifying the Court and all parties of: (1/1/21) 1. Any jurisdictional action pending or any present jurisdiction exercise by the Juvenile Court, either independently or pursuant to Welfare and Institutions Code section 304, the Superior Court, or other Court, involving the child(ren) or the parties concerned in the motion, petition or Request for Order. Such information shall include the name and location of the Court, the file number therein, the statutory basis for said action and a copy of the most recent order made in the action. (7/1/20)

CRITICAL

Applies to
Court document

Documents filed in cases with pending hearings must show the next hearing date near the title, except when they already show a specific hearing date.

All documents filed in cases with pending hearings must reflect the next upcoming hearing date on the face of the document, near the title. For all documents that already reflect a specific hearing date, this rule does not apply. (7/1/20)

CRITICAL

Applies to
Income and expense declaration

Unless good cause is shown, the moving party must complete and file a current FL-150 in a case requesting monetary relief before the case will be heard.

Except upon good cause shown, no case in which monetary relief of any kind is requested, including any request for child support, spousal support or family support, or attorney's fees and/or costs, shall be heard unless a current Income and Expense Declaration (FL-150) in the form prescribed by Rule 5.260 of the California Rules of Court has been completed and filed by the moving party.

CRITICAL

Applies to
Income and expense declaration

A party receiving public assistance benefits must disclose that fact in the FL-150.

If a party is receiving public assistance benefits, that fact shall be disclosed in the Income and Expense Declaration (FL-150).

CRITICAL

Applies to
Income and expense declaration

An FL-150 must answer every blank, identify temporary and estimated facts, and state or reasonably estimate the party’s financial information.

The Income and Expense Declaration (FL-150) is not fully complete unless all blanks on the form are "answered." Notations such as "unk." for unknown, "est." for estimate, "n/a" for not applicable and "none" should be used to avoid leaving any item blank. If current facts are temporary, both the actual current facts and the estimated prospective facts may be shown if properly identified. Information concerning the party's finances shall be stated, and if not exactly known, reasonably estimated, on each declaration.

CRITICAL

Applies to
Request for case management conference

A party seeking an IDC must file a request for case management conference that specifies the IDC is desired as part of a Family Centered Case Resolution Order.

Parties requesting an IDC shall file a request for case management conference and specify that an IDC is desired as part of a Family Centered Case Resolution Order.

CRITICAL

Applies to
Judicial council form fl 174

By agreement, parties may submit a stipulation and order for an IDC; in either process, they must submit a completed FL-174 with the specified language, IDC details, and any applicable discovery orders for review and signature.

If the parties agree, they may submit a stipulation and order for an IDC. In either case, Judicial Council form FL-174 shall be completed and submitted to the Court for review and signature, specifying “IDC pursuant to Local Rules, rule 7.07(B),” in box No. 9 “Other,” including the IDC date, time and department, along with any other orders regarding discovery agreed to by the parties or ordered by the Court.

CRITICAL

Applies to
Request for order

A party seeking appointment of an elisor must use Request for Order form FL-300 and support the request with facts establishing the appointment’s necessity.

A party must request the appointment of an elisor using a Request for Order form (FL-300) supported by facts establishing the necessity for the appointment of the elisor.

CRITICAL

Applies to
Proposed order
Must include
proposed order

The moving party must submit a proposed order designating “The Clerk of the Court or Clerk’s Designee” as elisor and may not name a specific court employee.

The moving party must also submit a proposed order, which designates "The Clerk of the Court or Clerk’s Designee" as the elisor. The proposed order must not set forth a specific court employee by name.

CRITICAL

Applies to
Proposed order

The elisor proposed order must state whom the elisor represents and the signing capacity, identify the documents to be signed, attach copies, and ensure the originals presented for signature match those copies.

The proposed order shall indicate for whom the elisor is being appointed and in what capacity the elisor is to sign the document. The proposed order must expressly identify the document(s) the elisor must sign and a copy of the document(s) must be attached to the proposed order. The original document(s), when presented for signature by the elisor, must match the copy of the document(s) attached to the order.

CRITICAL

Applies to
Request for order

Contested custody or visitation cases must be mediated, and the court will indicate the need for mediation on the face of any filed request for order.

All cases involving contested issues of custody and/or visitation shall be mediated, and the court will indicate the need for mediation on the face of any request for order that is filed.

CRITICAL

Applies to
Pleading

When child sharing is at issue, each moving and responding pleading should include a detailed proposed child sharing plan and all requested orders.

Whenever there is an issue regarding child sharing, every moving and responding pleading should set forth a detailed proposed child sharing plan, including all orders the party would like the Court to issue.

CRITICAL

Applies to
Proof of required domestic violence training

Appointed persons who evaluate or investigate child custody matters must complete the specified domestic violence training and provide proof to the Court.

All appointed persons who evaluate or investigate child custody matters are required to complete domestic violence training as set forth in California Rules of Court 5.225 and 5.230 and such person shall provide to the Court proof of required domestic violence training.

CRITICAL

Applies to
Petition or response

When filing a petition or response in any family law case type, the filing party must file the Confidential Declaration of Parties in Family Law Case.

Upon filing of any petition or response in any family law case type, the filing party shall file a confidential information sheet entitled “Confidential Declaration of Parties in Family Law Case” to help the Court identify the parties in the case.

CRITICAL

Applies to
Confidential information sheet

The confidential information sheet must be kept in a confidential envelope in the Court’s case file and may not be made available to parties without a court order.

The confidential information sheet shall be placed in a confidential envelope maintained within the Court’s case file and shall not be made available to any parties other than the Court absent a court order.

CRITICAL

Applies to
Supporting declaration

A supporting declaration in a child-support matter must state the guideline support calculation and, if that amount is claimed to be inappropriate, the proposed calculation and reasons.

In all matters where child support is at issue, a supporting declaration shall set forth the amount of support calculated pursuant to Family Code sections 4070-4073. If it is contended that the guideline amount is inappropriate, a declaration shall set forth the calculation of the amount alleged to be proper, and the reasons therefore.

CRITICAL

Applies to
Income and expense declaration

If a party or minor child receives public assistance benefits, that fact must be disclosed on the Income and Expense Declaration (FL-150).

Notwithstanding any other rule, if a party or the minor child(ren) are receiving public assistance benefits: (1) Disclosure on Income and Expense Declaration: That fact shall be disclosed on the Income and Expense Declaration (FL-150);

CRITICAL

Applies to
Order

All orders submitted to the Court must comply with Family Code sections 4200-4203.

(3) Orders: All orders submitted to the Court shall comply with Family Code sections 4200-4203.

CRITICAL

Applies to
Child support stipulation

A document setting forth a parental child-support stipulation must include a completed Child Support Case Registry form (FL-191) from each parent.

Any document setting forth a stipulation between the parents regarding child support must be accompanied by Child Support Case Registry forms (FL-191) completed by each parent.

CRITICAL

Applies to
Child support modification stipulation

A child-support modification stipulation must include a completed Child Support Case Registry form (FL-191) or it will be returned unprocessed.

A stipulation to modify child support shall be returned unprocessed unless accompanied by a completed Child Support Case Registry form (FL-191).

CRITICAL

Applies to
Order

If an order is not signed in court, the moving party must prepare a written order after the hearing or trial.

If an order is not signed in court, the moving party shall prepare a written order following any hearing or trial.

CRITICAL

Applies to
Supporting affidavit

The writ affidavit must be executed by someone who can personally attest to its information and must state the initial judgment amount, payment dates and amounts, and accrued interest.

Such affidavits shall be executed by an individual who can personally attest to the information contained therein and shall, at a minimum, set forth the initial amount of the judgment, the date and amount of any payments made toward the judgment and accrued interest.

CRITICAL

Applies to
Proposed judgment

A proposed judgment setting forth an arrearage must include a supporting declaration explaining its factual basis and calculation.

In the event the proposed judgment sets forth an arrearage, the party submitting the form shall attach a supporting declaration setting forth the factual basis for the arrearage and how the arrearage has been calculated.

CRITICAL

Applies to
Supporting declaration

For a proposed judgment submitted by an institutional party, the supporting declaration must be executed by someone who can personally attest to the business record showing arrears and interest owed.

When a proposed judgment is submitted by an institutional party, such as the Department of Child Support Services or other state of county agency, the supporting declaration shall be executed by an individual who can personally attest to the business record showing the arrears and interest owed.

CRITICAL

Applies to
Writ of execution

A writ of execution concerning an outstanding support obligation or arrearage must use Judicial Council form EJ-130.

Any writ of execution submitted to the Court in connection with an outstanding support obligation or arrearage shall use Judicial Council form EJ-130.

CRITICAL

Applies to
Writ of execution

A writ of execution submitted to the court must include an affidavit explaining how the amount in item 11 was calculated.

Any writ of execution submitted to the Court shall contain a supporting affidavit setting forth the way the amount set forth in item no. 11 has been calculated.

CRITICAL

Applies to
Domestic violence order request

In a pending county dissolution or paternity action, a domestic-violence order request must use Form DV-100 and the existing case number, except for law-enforcement-generated EPOs.

If a party to a dissolution or paternity action is seeking orders because of domestic violence and there is currently a Dissolution or Paternity action filed in this county, said request shall be filed by means of a Request of Domestic Violence Prevention Order (Form DV-100) and shall use the existing case number. This does not apply to Emergency Protective Orders (EPO) that are generated by law enforcement. (7/1/20)

CRITICAL

Applies to
Ex parte application

Applications for the specified home-exclusion or stay-away orders must include detailed harm, misconduct, alternate-housing, and occupancy information; the order will not issue if the respective residences cannot be determined.

A. Order Excluding from Home or Stay Away: An application for an ex parte restraining order excluding either party from the family dwelling or the dwelling of the other, or a stay away order causing the same result, must be supported by a declaration showing the danger of immediate and serious harm specifying in detail the time and place of any past act or acts of alleged misconduct as required by Family Code section 6321 and the availability of alternate housing for each party. The declaration in support of any residential stay away order or move out order must contain information stating whether the residence involved is currently occupied by one or both parties, and if not occupied by both, the declaration must contain a statement as to when one or both parties left the residence and the reason why. If the respective residences cannot be determined from the application, the ex parte order will not be issued. This rule also applies to domestic violence proceedings. (7/1/20)

CRITICAL

Applies to
Ex parte custody application

An application for an immediate ex parte custody change must include specified allegations and information about the child’s placement and current physical custody; the applicant may be directed to seek agency relief.

An application for ex parte order to immediately change the custody of any minor child(ren) must be supported by a declaration showing by clear, specific allegations that the health and welfare of the child(ren) requires immediate change of custody. (Fam. Code, § 3064, subd. (a).) The declaration shall also set forth, in brief, the circumstances in which the child would be placed pending the hearing. The declaration shall also contain a statement of which party currently has actual physical custody of the child(ren) in question, how such physical custody was obtained, and for how long the party has had such physical custody. The party seeking an ex parte order changing custody may be directed to seek relief through Child Protective Services, or other enforcement/investigative agencies. (7/1/20)

CRITICAL

Applies to
Ex parte vehicle order application

A declaration supporting an ex parte request for exclusive vehicle use must show that the opposing party has suitable transportation or does not need transportation.

An ex parte order granting exclusive use of a vehicle will not be granted unless the declaration demonstrates that the opposing party either has suitable transportation available or requires no such transportation. (7/1/20)

CRITICAL

Applies to
Modified order

If the Court modifies requested orders, the applicant or attorney must conform all copies before filing and service unless the Court has already done so.

If the Court modifies any requested orders, it will be the responsibility of the applicant or attorney to conform all copies with the changes before filing and service unless the Court has already done so. (7/1/20)

CRITICAL

Applies to
Settlement conference statement

After the Joint Settlement Conference, each party must file a fully completed Local Form FL-008 Settlement Conference Statement signed by the party or their attorney.

After conclusion of the Joint Settlement Conference, each party shall file a Settlement Conference Statement signed by the party or their attorney. Said Settlement Conference Statement shall be fully completed utilizing Local Form FL-008, which is available on the Court’s website under the “Forms” link and is also available at the Family Law Court Clerk’s Office.

CRITICAL

Applies to
Deposition transcript

Original deposition transcripts must be lodged with the Court if they will be referred to at trial.

Original transcripts of depositions must be lodged with the Court if they will be referred to at trial.

CRITICAL

Applies to
Attorney fee and cost request

A request for combined fees and costs exceeding $1,000 must include a separate attorney-signed written declaration describing relevant factors.

If a request is made for a combined amount of fees and costs in excess of $1,000.00, the request shall include a separate written declaration signed by the attorney, describing the factors relevant to the request which may include:

CRITICAL

Applies to
Judgment or order

After a contested trial, the party directed by the Court must prepare the judgment or order consistent with the Court’s decision and comply with California Rule of Court 3.1590.

After a contested trial, the party directed by the Court shall prepare the judgment or order in accordance with the Court's decision and shall comply with California Rule of Court 3.1590.

CRITICAL

When Judicial Council or Court Local Forms are specified as mandatory, they must be filed, and nonconforming papers may be rejected.

When specified as mandatory, Judicial Council Forms and the Court’s Local Forms are required to be filed and non-conforming papers may be rejected. (1/1/21)

CRITICAL

Applies to
Stipulation for judgment or judgment

A stipulation for judgment or judgment addressing child support must be accompanied by a completed FL-191 form to be processed.

Any stipulation for judgment or judgment addressing the issue of child support shall be returned unprocessed unless accompanied by a completed Child Support Case Registry form (FL-191).

CRITICAL

Applies to
Child support stipulation

A document setting forth a parental child-support stipulation must include FL-191 forms completed by at least one parent.

Any document setting forth a stipulation between the parents regarding child support must be accompanied by Child Support Case Registry forms (FL-191) completed by at least one parent.

CRITICAL

Applies to
Income and expense declaration

An FL-150 must be submitted when requesting child support, specified spousal-support orders, family support, or attorney’s fees, subject to the stated reservation exception.

An Income and Expense Declaration (FL-150) must be submitted where any one of the following orders is requested: child support, spousal support (except where a party seeks reservation of the Court's jurisdiction to award spousal support in the future), waiver or termination of spousal support in a long-term marriage (10 years or more between the date of marriage and the date of separation), family support, or attorney's fees.

CRITICAL

Applies to
Support order

Covered support orders must direct payment to the Department of Child Support Services and include its other required orders.

All such orders for support must specify that payment is to be made to the Department of Child Support Services and include all other orders required by the Department of Child Support Services.

CRITICAL

Applies to
Declaration

A child-support jurisdiction reservation requires a declaration that neither the party nor the children receive or have applied for TANF or CalWorks, unless the party so testifies.

No such reservation of jurisdiction shall be granted unless the party files a declaration stating that neither the party nor the child(ren) are receiving or have applied for TANF or CalWorks or, unless the party so testifies.

CRITICAL

Applies to
Judgment

Attach copies of applicable current custody, visitation, support, and attorney-fee orders to the judgment.

Copies of current orders concerning child custody, child visitation, child support, spousal support, and attorney's fees, as applicable, shall be attached to the Judgment.

CRITICAL

Applies to
Judgment

A judgment containing any of the listed orders must require each party to keep the other informed of their current address while the child is a minor.

If the judgment includes any of these orders, it must also provide that each party keep the other party informed of that party's current address during the minority of the child.

CRITICAL

Applies to
Supplemental declaration or prehearing statement

A party seeking custody and visitation orders by default must state the custodial arrangement, the noncustodial parent’s contact, and any reasons for denying visitation in one of the specified filings.

Where a child custody and visitation order is requested by default the moving party must, either in the supplemental declaration to the Declaration for Default or Uncontested Dissolution/Legal Separation or in the Prehearing Statement, state the following: (7/1/20) 1. Custodial arrangement since separation (7/1/20) 2. Extent of contact between the child and the non-custodial parent; and (7/1/20) 3. If the moving party seeks to deny visitation to the defaulting party, a statement concerning the reasons. (7/1/20)

CRITICAL

Applies to
Judgment

A judgment must describe referenced real property using both its complete common street address and legal description.

All real property referred to in the judgment must be described by its complete common street address and legal description. A judgment will not be signed if it contains only the street address.

CRITICAL

Applies to
Judgment attachments

When dividing motor vehicles, the petitioner must attach current Kelly Blue Book valuations and documents showing current loan balances.

When motor vehicles are to be divided, petitioner shall attach copies of the Kelly Blue Book valuation showing the current market value and copies of documents showing the current car loan balance.

CRITICAL

Applies to
Proposed judgment

The proposed judgment must address spousal support for both parties.

The petitioner must address the issue of spousal support for both parties in the proposed judgment.

CRITICAL

Applies to
Spousal support order

Spousal-support orders must state the support amount and payment dates; the source text’s additional requirement is incomplete in this excerpt.

All orders for spousal support shall state the amount of support, the date(s) payable, and unless there is an agreement to the

CRITICAL

Applies to
Attorney fee request

An attorney-fee request must include a factual declaration stating the attorney's time spent and hourly rate.

Any request for an award of attorney's fees must be supported by a factual declaration as provided in these local rules, indicating the amount of time the attorney spent on the case and the attorney's hourly rate.

CRITICAL

Applies to
Judgment

A judgment containing personal conduct restraining orders must have a CLETS form attached.

If the Judgment contains personal conduct restraining orders, a CLETS form must be attached.

CRITICAL

Applies to
Notice of entry of judgment

The petitioner must submit an original and two copies of the notice of entry of judgment with the proposed judgment and required forms.

Petitioner must submit, together with the proposed judgment and any forms required above, an original and two copies of the notice of entry of judgment.

CRITICAL

Applies to
Notice of entry of judgment

The petitioner must submit two stamped envelopes addressed to the parties listed on the notice of entry of judgment.

Petitioner shall also submit two (2) stamped envelopes addressed to the parties as listed on the notice of entry of judgment.

CRITICAL

Applies to
Envelope

Submitted envelopes must be appropriately sized for the documents and have sufficient postage.

Envelopes must be of appropriate size with regard to the number of documents submitted and must have sufficient postage affixed.

CRITICAL

Applies to
Judgment

The judge's signature must appear on the judgment after the court's orders, not after an attached party agreement.

The signature of the judge shall not follow any attached agreement of the parties but shall be set forth on the judgment following the orders of the Court.

CRITICAL

Applies to
Judgment

Where appropriate, party and/or attorney signatures must appear immediately above the judge's date-and-signature space.

Where appropriate signatures of the parties and/or their attorneys shall be set forth immediately above the space provided for the date and signature of the judge.

CRITICAL

Applies to
Judgment by declaration

All papers necessary to obtain a judgment by declaration under Family Code section 2336 must be filed with the clerk.

All papers necessary to obtain a judgment by declaration under Family Code section 2336 shall be filed with the clerk.

CRITICAL

Applies to
Declaration for default or uncontested dissolution legal separation

After default is entered and the disclosure-service declaration is filed, the petitioner must file a completed Form FL-170.

After the default has been entered and the declaration regarding service of the preliminary declaration of disclosures has been filed, the petitioner must file a completed Declaration for Default or Uncontested Dissolution/Legal Separation (Form FL-170).

CRITICAL

Applies to
Marital settlement agreement

Court approval of a marital settlement agreement requires one of the specified forms of authorization or endorsement.

Allegations in the petition refer to the making of the marital settlement agreement or the agreement, or a separate agreement signed and filed by the parties and their respective attorneys provides that the agreement may be presented for Court approval, or the adverse party and his attorney have endorsed their approval of the agreement on the form of judgment;

CRITICAL

Applies to
Affidavit

If only one party has counsel, the unrepresented party may substitute a filed affidavit confirming advice to consult counsel and declining to do so; the affidavit must be separate and limited to waiver of counsel.

If only one party is represented, an affidavit filed by the other party to the agreement stating that s/he has been advised to consult an attorney in reference to the agreement, but declined to do so, will be accepted in lieu of the signature of an attorney for such party. Such affidavit shall be a separate document limited solely to a waiver of counsel.

CRITICAL

Applies to
Marital settlement agreement

A marital settlement agreement or stipulation for entry of judgment must be attached to the judgment and may not be filed separately.

Marital settlement agreements or stipulations for entry of judgment shall not be filed as a separate document in the court file. Rather, said document shall be attached to the judgment of dissolution, legal separation, or nullity.

CRITICAL

Applies to
Disclosure declaration

For an uncontested hearing after a Response, a declaration regarding service of a current final disclosure is required; for a default hearing, only proof of service of the preliminary disclosure is required.

A declaration regarding service of a current final declaration of disclosure pursuant to Family Code section 2100 et seq. is required in uncontested hearings where a Response was filed. In default hearings only proof of service of the preliminary declaration of disclosure is required.

CRITICAL

Applies to
Judgment

A party may not seek judgment orders beyond the petition’s requested relief unless good cause is shown by submitting a marital settlement agreement addressing all issues, which must be attached to the judgment.

A party may not request orders in the judgment beyond the relief requested in the petition. Good cause is shown where the party(ies) submit(s) a marital settlement agreement addressing all issues. The marital settlement agreement shall be attached to the judgment of dissolution.

CRITICAL

Applies to
Factual declaration

For a default judgment with no existing custody and visitation order or attached written agreement, an attached factual declaration must state the requested contact in joint-custody cases and the reasons for denying visitation when denial is requested.

A. Where the judgment is taken by default, and there is no existing order or no attached written agreement of the parties concerning custody and visitation, an attached factual declaration shall set forth the following: (7/1/20) a. Where the party is seeking joint custody, what contact shall the defaulting party have with the child/ren. (7/1/20) b. Where the party is seeking to deny visitation between the child/ren and the defaulting party, the reasons why visitation should not be ordered. (7/1/20)

CRITICAL

Applies to
Declaration

The custody declaration must state when the parties separated, who cared for the children during the preceding six months, and the extent of the other parent’s contact during that time.

B. In preparing the declaration, the party shall inform the court when the parties were separated, who has been the primary caretaker of the child(ren) during the immediate past six (6) months and the extent of contact between the child(ren) and the non-caretaker parent during that time. (7/1/20)

CRITICAL

Applies to
Declaration

For a default judgment without an attached written child-support agreement, an attached declaration must provide the specified order date, support amounts, income, child information, guideline amounts, and any factual basis for seeking less than the statewide guideline amount.

A. Where judgment is obtained by default, and there is no attached written agreement concerning child support, an attached declaration shall state the effective date of the order sought, the amount of support sought per child and in total, the net incomes of each party, the name and birth date of each child, the amount of support suggested in the case of each child by guidelines, and whether this amount is below the statewide guidelines, and if so, the factual basis pursuant to Family Code sections 4055-4069. (7/1/20)

CRITICAL

Applies to
Declaration

For a default request for spousal support, the petitioner must attach a declaration stating the effective date sought, amount sought, and each party’s net income.

B. If a request for support is by default, the petitioner must attach a declaration which states the effective date of the order sought, the amount of support sought, and the net incomes of each party. (7/1/20)

CRITICAL

Applies to
Judgment

A judgment may restore a party’s premarital name only if the party requests restoration in writing or in open court.

Restoration of a party’s name prior to marriage name shall be ordered in a judgment only upon the party’s written request or request in open court. (See Family Code sections 2080-2082). (7/1/20)

CRITICAL

Applies to
Appearance stipulation and waivers form

An uncontested judgment requires a filed appearance, stipulation, and waivers form containing the stated agreements and waivers; those waivers apply only if the court approves the written settlement agreement or stipulated judgment.

An uncontested judgment, except in Department of Child Support Services support matters, may be obtained only upon the filing of an appearance, stipulation and waivers form wherein the parties agree that the matter may be tried as an uncontested matter, waive their rights to notice of trial and Statement of Decision, and agree that the matter may be tried by a commissioner sitting as a temporary judge. None of the stipulations and waivers shall apply unless the Court approves the written settlement agreement or stipulation for judgment. The moving party must file a completed declaration for default or uncontested dissolution. (7/1/20)

CRITICAL

Applies to
Declaration for default or uncontested dissolution

The moving party must file a completed declaration for default or uncontested dissolution.

The moving party must file a completed declaration for default or uncontested dissolution. (7/1/20)

CRITICAL

Applies to
Judgment

If the parties want the marital settlement agreement’s terms to govern, the agreement must be incorporated into the judgment.

Where parties want the terms of the marital settlement agreement to become the terms of the judgment, the marital settlement agreement must be incorporated into the judgment. (7/1/20)

CRITICAL

Applies to
Order after hearing
Must include
proposed order

After a contempt hearing, the moving party must prepare an order for the Court; it must first be submitted to opposing counsel for approval when counsel is present, but goes directly to the Court when the opposing party is self-represented.

F. Submission of order: After the contempt hearing it shall be the responsibility of the moving party to prepare an order for the signature of the Court, setting forth the findings and orders of the Court. Such an order shall be submitted to opposing counsel, when there is an opposing counsel, for approval as to form and content prior to its submission to the Court. When the opposing party is a self-represented litigant, the order will be submitted directly to the Court, without approval as to form and content by the self- represented party. (7/1/20)

CRITICAL

Applies to
Contempt order

A contempt order must set out the specified findings and the Court’s orders regarding contempt and sentencing; the Court will not sign a noncompliant order.

G. Form of order: The party, or attorney, preparing the order after hearing must set forth all findings of the Court: factual findings of the existence and current validity of a described order, knowledge of the contemnor of that order, the violation of that order, and the willfulness of that violation. The orders of the Court shall thereafter be set forth with regard to the finding of contempt, and the sentencing. No contempt order will be signed by the Court without compliance with the foregoing. (7/1/20)

CRITICAL

Applies to
Request for order

A party seeking to challenge the action taken regarding a complaint about minor’s counsel may file an FL-300 Request for Order, check “Other,” and use the specified title.

Any party dissatisfied with the action taken, if any, may bring a formal motion to the Court by filing a Request for Order (FL-300), checking the “Other” box, and entitling the order request, “Motion to Disqualify or Vacate Appointment of Minor’s Counsel.”

CRITICAL

Applies to
Petition

The petition must state the facts supporting the need for guardianship and for ex parte orders.

The petition shall state the facts giving rise to the need for the guardianship and for issuance of ex parte orders.

CRITICAL

Applies to
Guardianship petition

Each guardianship petition must be accompanied by a detailed statement under penalty of perjury, given to the Family Law clerk or submitted in pleading form marked “Confidential” for placement in a confidential envelope.

A detailed statement under penalty of perjury of the facts giving rise to the necessity for the guardianship shall be filed with each petition. The statement shall be given to the Family Law clerk or be in pleading form and marked “Confidential”. It shall be placed in a confidential envelope by the clerk.

CRITICAL

Applies to
Guardianship petition

A consent to serve must be filed for each non-petitioning guardian named in a petition.

Where a petition seeks the appointment of a non-petitioning guardian, a consent to serve as guardian must be filed for each non-petition guardian. (1/1/14, 7/1/20)

CRITICAL

Applies to
Guardianship matter affecting minor custody

In matters affecting a minor’s custody, provide the Court Investigator with endorsed filed copies of petitions, notices, and proofs of service, the listed custody form and birth certificate, the Relative Guardianship Questionnaire, and a confidential statement under penalty of perjury.

In all matters affecting the custody of a minor, in addition to endorsed filed copies of all petitions, notices and proofs of service, the following shall be provided to the Court Investigator: (7/1/20) 1. Judicial Council form Declaration Under Uniform Child Custody and Jurisdiction Act; (7/1/20) 2. A copy of the minor’s birth certificate; (7/1/20) 3. The local form “Relative Guardianship Questionnaire”. The questionnaire is available from the Superior Court Clerk’s Office or the Court Investigator’s Office; and (7/1/20) 4. A detailed statement under penalty of perjury of the facts giving rise to the necessity for the guardianship shall be filed with each petition. The statement shall be in pleading form and marked “Confidential”. It shall be placed in a confidential envelope by the clerk. (7/1/20)

CRITICAL

Applies to
Electronically filed Letters

Electronically filed Letters must include the appointed individual's electronic signature in the form's affirmation section.

Pursuant to California Rules of Court, rule 2.257(c)(2)(B) and Code of Civil Procedure section 1010.6(e)(2)(A)(ii) electronically filed Letters must contain the electronic signature of the appointed individual(s) in the affirmation section of the applicable form.

CRITICAL

Applies to
Document relating to a matter already set for hearing

Every document relating to a matter already set for hearing must show the hearing date immediately below the case number on its first page.

The date of the hearing shall be placed immediately below the case number on the first page of every document filed which relates to a matter already set for hearing.

CRITICAL

Applies to
Petition for appointment of guardian ad litem

A petition for appointment of a guardian ad litem must identify the proposed guardian ad litem’s attorney, explain qualifications, disclose specified relationships, and, when seeking authority beyond the statute, specify the requested orders, powers, and reasons.

B. A Petition for Appointment of Guardian ad Litem, whether heard at a noticed hearing or considered ex parte pursuant to Local Rule 8.35, must include the following: 1. A proposed guardian ad litem who is an attorney or the name of the attorney representing the proposed guardian ad litem. This information must be clearly stated in the petition, or alternatively, the attorney may concurrently file a consent to act or notice of appearance as counsel of record for the proposed guardian ad litem. 2. An explanation of the proposed guardian ad litem’s qualifications and competencies to act as guardian ad litem. 3. A statement disclosing any family or affiliate relationship the proposed guardian ad litem has with the petitioner, the decedent, or the person whose interest the guardian ad litem will represent. 4. If the filer seeks the court’s approval of any specific authority other than that allowed by statute, the petition must specify the orders, powers, and reasons. The additional orders or powers must be included in the proposed order.

CRITICAL

Applies to
Proposed order

When a petition seeks authority beyond that allowed by statute, the proposed order must include the additional requested orders or powers.

If the filer seeks the court’s approval of any specific authority other than that allowed by statute, the petition must specify the orders, powers, and reasons. The additional orders or powers must be included in the proposed order.

CRITICAL

Applies to
Petition

A petition must identify by name and relationship every person who would inherit from the decedent if the decedent died intestate.

1. Heirs of the Decedent: Whether or not a decedent died with a will, the petition must contain the names and relationships of all of the decedent’s heirs-at-law. An heir-at-law is any person who would be entitled to distribution of a part of the decedent’s estate (including distribution by virtue of Prob. Code § 6402.5 if the decedent had a predeceased spouse) if the decedent died intestate (without leaving a will);

CRITICAL

Applies to
Decedent estate matter

All decedent’s estate matters must include a filed copy of proof of service or a declaration that notice is not required.

A copy of the proof of service or a declaration that notice is not required must be filed in all decedent's estate matters.

CRITICAL

Applies to
Testamentary document

Proof of admissibility must be submitted for each testamentary document, except that proof of executing a codicil that expressly republishes the will may be sufficient.

Proof as to the admissibility of each testamentary document must be submitted except that, in the event there is a codicil which expressly republishes the will, proof of the execution of the codicil may be deemed sufficient.

CRITICAL

Applies to
Petition for probate

For a holographic or handwritten will, a typewritten copy must accompany the photocopy and be attached to the petition, original will, and proof of holographic instrument.

A. If the will is holographic or handwritten, in addition to a photocopy, a typewritten copy of the will must be attached to the petition, to the original will and to the proof of holographic instrument.

CRITICAL

Applies to
Petition for probate

A will written in a language other than English must have a translation prepared by a translator certified to translate from the original language.

C. If the will is written in a language other than English, the Court requires a translation prepared by a translator certified to translate from the original language.

CRITICAL

Applies to
Fiduciary administrative petition

Petitions concerning a fiduciary’s administrative duties must identify all persons and entities named in the will and codicils and include the additional information specified for trusts, contingent beneficiaries, revoked devises, the proposed personal representative, and second-generation heirs.

All petitions pertaining to the administrative duties of a fiduciary must include the names of all persons and entities mentioned in the decedent’s will and codicils regardless of any lack of devise or bequest to said person or entity. In addition: A. If a trust was created by the decedent, the petition must contain a list setting forth the identification of the trustee(s) and all beneficiaries of the trust. B. A list of contingent beneficiaries if the interest of the beneficiary is contingent as of the date of the petition, or the happening of an event, such as survivorship for a specified period. C. A list of each person provided for in the original will whose devise has been revoked in a subsequent codicil. D. The street address of the proposed personal representative and his or her relationship to the decedent. E. The deceased ancestor through which second generation heirs take, along with the ancestor’s relationship to decedent, when second generation heirs are listed in the petition.

CRITICAL

Applies to
Declaration of due diligence

Counsel seeking to waive or shorten a Probate Code notice period must submit a Declaration of Due Diligence identifying the notice provision, describing notice efforts or why notice was impossible, and explaining good cause.

F. Counsel requesting waiver or shortening of any notice time periods prescribed by the Probate Code must submit a Declaration of Due Diligence to the Court citing the specific notice provision at issue, setting forth facts relating to the efforts to give such notice (or facts supporting the conclusion that it was impossible to give such notice) and explaining the good cause for waiving or shortening the time.

CRITICAL

Applies to
Ex parte order application

An ex parte order will not be granted without an accompanying verified petition, or sworn declaration where applicable, containing facts and law justifying the requested relief.

H. An ex parte order will not be granted unless accompanied by a verified petition (or a sworn declaration where applicable) containing facts and law to justify granting the requested relief.

CRITICAL

Applies to
Ex parte petition

An ex parte petition to sell stock or personal property in a decedent’s estate must state whether the property is specifically bequeathed and, if so, include the specific legatee’s consent to the sale.

I. Ex parte petitions filed in decedent’s estates for the sale of stock or personal property must allege whether the property is specifically bequeathed. If bequeathed, the specific legatee must consent to the sale and the consent must accompany the petition.

CRITICAL

Applies to
Ex parte application
Must include
proposed order

Every ex parte application must include a separate, self-contained order presented to the Probate Court Clerk; an order merely granting the application or approving a sale as described in the petition is insufficient.

J. All applications for ex parte orders must be accompanied by a separate order complete in itself and shall be presented to the Probate Court Clerk. It is not sufficient for such an order to provide merely that the application has been granted, or that the sale of property “as set forth in the petition” has been approved.

CRITICAL

Applies to
Probate order

Probate orders and decrees must stand alone and specify the matters decided, hearing date, relief, interested persons, and affected property or money with the particularity required of civil judgments.

All orders or decrees in probate matters must be complete in themselves. They shall set forth all matters actually passed on by the Court, the date of hearing, the relief granted, the names of interested persons, and descriptions of property or amounts of money affected, with the same particularity required of judgments in civil matters.

CRITICAL

Applies to
Application for family allowance

An application for family allowance must include the applicant’s outside income, itemized assets and values, general estate assets and liabilities, application and death dates, and any other allowance applications on file.

The application for an allowance shall include at least the following data: A. The applicant's income from sources outside the estate, B. An itemized list of the applicant's assets, and a statement of the appropriate value of each, C. A general statement of the assets and of the liabilities of the estate, D. The date of the application, E. The date of the decedent's death, F. A general statement of other applications (if any) on file for allowances.

CRITICAL

Applies to
Legal notice and petition for confirmation of sale

Legal notices for a real-property sale and the petition for confirmation must include the property’s street address or, if none exists, another indication of its location, in addition to the legal description.

All legal notices for the sale of real property and the petition for confirmation of sale shall contain, in addition to the legal description, the common street address of the property. If there is no common street address, some indication of the location of the property shall be included.

CRITICAL

Applies to
Accounting

All accountings must contain a Summary of Account.

A. All accountings shall contain a Summary of Account (Prob. Code §1061).

CRITICAL

Applies to
Accounting

The Summary of Account must follow the format set forth below and be the first page of the account; it should not be in the body of the report.

The Summary of Account shall contain and be in the format as set forth below. It shall be the first page of the account and should not be in the body of the report.

CRITICAL

Applies to
Accounting

Accounts filed in decedent estates, guardianships, conservatorships, and trusts must comply with the cited Probate Code provisions.

All accounts filed in decedent estates, guardianship, conservatorship and trust accounts, shall comply with Prob. Code § 1060 et seq., Prob. Code §2620 et seq., and Prob. Code § 10900 et seq.

CRITICAL

Applies to
Accounting

The total charges in an account must equal the total credits.

Total charges must equal total credits (Prob. Code § 1061(10)(c).

CRITICAL

Applies to
Accounting

The listed schedules must be attached to the accounting.

B. The following schedules are required to be attached to the accounting (Prob. Code §1062):

CRITICAL

Applies to
Accounting

The receipts schedule must state each item’s nature and purpose, source, and date.

1. Receipts showing the nature and purpose of each item, the source of the receipt, and the date thereof;

CRITICAL

Applies to
Accounting

The disbursements schedule must state each item’s nature or purpose, payee, and date.

2. Disbursements, including the nature or purpose of each item, the name of the payee, and the date thereof;

CRITICAL

Applies to
Accounting

The schedule of net income or loss from a trade or business must provide information disclosed on federal income tax Schedule C or F.

3. Net income or loss from a trade or business, which shall be sufficient if it provides the information disclosed on Schedules C or F of the federal income tax return;

CRITICAL

Applies to
Accounting

An accounting must calculate gains or losses from asset sales or other dispositions.

4. Calculation of gains or losses on sale or other disposition of assets;

CRITICAL

Applies to
Accounting

An accounting must itemize distributions of cash or property, including each date and amount and the carry value of distributed property.

5. Distributions of cash or property to beneficiaries, ward or conservatee, showing the date and amount of each, with the distribution of property shown at its carry value;

CRITICAL

Applies to
Accounting

An accounting must include an itemized list describing each item of property on hand at its carry value.

6. Itemized list of property on hand, describing each item at its carry value.

CRITICAL

Applies to
Petition for approval of account

A petition for approval of an account must provide the specified additional information in its body or in referenced schedules or exhibits.

C. Petition for approval of Account/Contents Filing: Additional information to be provided either in the body of the petition or in separate schedules or exhibits with a reference to the schedules or exhibits in the body of the petition (Prob. Code § 1064).

CRITICAL

Applies to
Petition for approval of account

The petition must describe sales, purchases, changes in asset form, and transactions during the accounting period that are not readily understandable from the schedule.

1. A description of all: a. Sales b. Purchases c. changes in the form of assets d. other transactions occurring during the period of the account that are not otherwise readily understandable from the schedule. (1/1/22)

CRITICAL

Applies to
Petition for approval of account

The petition must explain any unusual items appearing in the account.

2. An explanation of any unusual items appearing in the account.

CRITICAL

Applies to
Petition for approval of account

The petition must state all compensation paid to the fiduciary or the fiduciary’s attorney other than compensation paid under a prior court order.

3. Statement of all compensation paid to the fiduciary or to the attorney for the fiduciary other than pursuant to a prior Court order.

CRITICAL

Applies to
Petition for approval of account

The petition must disclose any family or affiliate relationship between the fiduciary or the fiduciary’s attorneys and an agent hired during the account period.

4. A statement disclosing any family or affiliate relationship between the fiduciary or the attorneys for the fiduciary and any agent hired by the fiduciary during the account period.

CRITICAL

Applies to
Petition for approval of account

The petition must allege whether all cash was held in authorized interest-bearing accounts or investments, except cash reasonably necessary for orderly estate administration.

Per Probate Code §1064 (a)(5); 1064(b)(c): An allegation disclosing whether all of the cash has been invested and maintained in interest bearing accounts or in investments authorized by law or the governing instrument, except for an amount of cash that is reasonably necessary for the orderly administration of the estate. (1/1/22)

CRITICAL

Applies to
Account

Filing an account is deemed to include a petition for its approval and may also include additional code-authorized petitions, including a request for fiduciary or attorney compensation.

D. The filing of an account shall be deemed to include a petition requesting its approval, and may include additional petitions for authorization, instruction or confirmation authorized by the code, including, but not limited to, a request for an order for compensation of the fiduciary and the attorney for the fiduciary.

CRITICAL

Applies to
Verified claim

Payment of a decedent’s contract debts or funeral expenses must be supported by verified claims presented or filed within the statutory period and allowed and approved.

Payment of debts of the decedent arising upon contract or funeral expenses of the decedent must be supported by verified claims presented or filed within the statutory period and allowed and approved.

CRITICAL

Applies to
Reimbursement claim

A personal representative seeking reimbursement for debts or funeral expenses paid from personal funds must present and file a claim in the usual way, supported by a receipt or other sufficient evidence of payment.

This rule also applies to debts and funeral expenses paid by the personal representative from his own funds, in which case a claim by the representative for reimbursement must be presented and filed in the usual way, supported by a receipt or other sufficient evidence of payment.

CRITICAL

Applies to
Verified petition

Approval of payment without a verified claim is discretionary and must be justified by allegations in a verified petition or testimony in open court concerning the statutory factors.

Such approval, however, is discretionary with the Court and must be justified by allegations in a verified petition or by testimony in open court as to the factors referred to in Prob. Code §9154.

CRITICAL

Applies to
Supplemental declaration

For a reserve of at least $5,000 but less than $20,000, the personal representative must file a supplemental declaration describing its disposition before or concurrently with the ex parte petition for final discharge.

If the Petition for Final Distribution reserves an amount equal to or greater than $5,000 but less than $20,000, the personal representative must file a supplemental declaration setting forth the disposition of the reserve before or concurrently with the Ex Parte Petition for Final Discharge.

CRITICAL

Applies to
Petition for distribution without account

A petition seeking distribution without an accounting must provide enough facts for the Court to determine that the estate is solvent.

Although a preliminary or final distribution may be made without an accounting, sufficient facts must be set forth in the petition to allow the Court to ascertain that the estate is solvent.

CRITICAL

Applies to
Report

The report must present all other matters required by Probate Code sections 1062, 1063, and 10900.

All other matters contained in Prob. Code §§1062, 1063 and 10900 must be presented in the report.

CRITICAL

Applies to
Report

The report must list creditors' claims, property to be distributed, attorney and executor fee computations, and administration costs.

Creditors' claims, property on hand to be distributed, computation of attorney's fees and executor's fees, and costs of administration, must be listed in the report.

CRITICAL

Applies to
Report

Fee calculations must include sale gains and losses, and schedules of receipts or sale gains and losses are required when a fee or commission calculation uses a basis other than the Inventory and Appraisal amount, even if the account is waived.

The calculation of statutory commissions and/or attorney’s fees must include losses on sales and include gains on sales; schedules of receipts and/or gains/losses on sale will be required even when an account has been waived where an amount other than the amount of the Inventory and Appraisal is used as a basis for calculating fees or commissions.

CRITICAL

Applies to
Waiver of account or final distribution acknowledgment

A waiver of account or acknowledgment of satisfaction of an interest on final distribution must comply with Probate Code section 10954.

A waiver of account or an acknowledgment that an interest has been satisfied on final distribution must comply with Prob. Code § 10954.

CRITICAL

Applies to
Waiver of account

Each waiver of account must include a notarized acknowledgment of the heir's or beneficiary's signature.

A notarized acknowledgement of the signature of the heir or beneficiary shall be included on each waiver of account.

CRITICAL

Applies to
Account and report

A fiduciary must personally sign any account and report that the fiduciary is required to file.

Any account and report required to be filed by a fiduciary must be personally signed by the fiduciary.

CRITICAL

Applies to
Account and report

When multiple fiduciaries serve, each must sign the account and report unless the missing signature is satisfactorily explained.

When more than one fiduciary is serving, the account and report must be signed by each of them, or the absence of one signature satisfactorily explained.

CRITICAL

Applies to
Report of administration

A report of administration, whether accompanied by an account or waiver of account, must include the listed creditor, tax, and notice-of-death information and allegations.

The following shall be included in a report of administration, whether filing an account or a waiver of account: A. Whether notice has been given to reasonably ascertainable creditors. Prob. Code § 10900. B. Schedule of Creditor claims filed, including the date of filing the claim, the name of the claimant, the amount of the claim, and the action taken on the claim. C. An allegation that all taxes due or owing by the estate have been paid or arrangements made. D. An allegation that the requirements of the Revenue and Taxation Code §480 have been met. Prob. Code §8800(d) E. An allegation that a notice of death has been provided to the Department of Health Services as required by Prob. Code §§215 and 9202, or that no such notice if required.

CRITICAL

Applies to
Petition for distribution

A petition for distribution must allege whether the representative or estate attorney knows or has reason to believe that an heir is or was confined in a listed correctional facility.

Petitions for distribution must contain allegations regarding whether or not the general personal representative or estate attorney knows or has reason to believe that an heir is or has previously been confined in a prison or facility under the jurisdiction of the Departments or Corrections or Department or Youth Authority or confined in any county or city jail, road camp, industrial farm, or other correctional facility.

CRITICAL

Applies to
Petition for distribution

A petition for distribution must state whether the required notice of death was unnecessary or provided and whether the Board’s Director demanded collection of outstanding restitution obligations.

distribution will be made to such person, the petition for distribution must contain an allegation that no such notice is required or that a notice of death has been provided to California Victim Compensation and Government Claims Board as required by Prob. Code § 9202, and whether or not the Director of the California Victim Compensation and Government Claims Board has demanded collection of any outstanding restitution fines or orders.

CRITICAL

Applies to
Petition for distribution

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

H. An allegation as to the character of the property, whether separate or community.

CRITICAL

Applies to
Petition for distribution

A petition for distribution must allege that estate cash is invested in interest-bearing accounts, except for cash reasonably necessary to administer the estate.

I. An allegation that all cash in the estate has been invested in interest bearing accounts, except for an amount of cash that is reasonably necessary for the orderly administration of the estate.

CRITICAL

Applies to
Petition for distribution

A petition for distribution must compute requested attorney fees and representative commissions, including the fee base and gains or losses on sales, and state if either is waived.

J. A computation of the attorney fees and representative commissions requested, including the fee base, including gains or losses on sales. If the fee or commission is being waived, the petition shall so state.

CRITICAL

Applies to
Petition for distribution

A petition’s caption must identify all relief sought, including final distribution, distribution to a trust, and requested statutory or extraordinary fees or commissions.

L. The caption of a petition must be all-inclusive as to the relief sought. This includes, but is not limited to, a request for final distribution, distribution to a trust, request for statutory or extraordinary fees or commissions.

CRITICAL

Applies to
Petition for distribution

A petition for distribution must fully describe each asset on hand with its legal description, parcel number, carry value, and current fair market value, and include a proposed-distribution schedule.

M. A full and complete description of all assets on hand, including the legal description, assessor's parcel number, carry value and current fair market value. There shall also be a schedule setting forth the proposed distribution.

CRITICAL

Applies to
Petition for distribution

A petition for distribution must set forth all independent acts taken without prior court approval.

N. In any petition for distribution, all independent acts taken without prior Court approval shall be set forth.

CRITICAL

Applies to
Distribution to minor

Before ordering distribution to a minor’s guardian, the court requires a certified copy of the letters of guardianship on file.

The Court will require the following documents to be on file before making an order for distribution: A. If distribution is to be made to the guardian of a minor, a certified copy of the letters of guardianship;

CRITICAL

Applies to
Distribution to minor

If a minor’s estate will be deposited in a blocked account, form MC-355 must be presented at the distribution hearing.

B. If a minor's estate is to be deposited in a blocked account, MC-355, "Order to Deposit Funds in Blocked Account" shall be presented at the hearing for distribution.

CRITICAL

Applies to
Distribution to minor

For distribution to a parent for a minor’s benefit under Probate Code section 3401, a copy of the parent’s written assurance under section 3300 must be on file.

D. If distribution is to be made to a parent for the benefit of a minor under Prob. Code §3401, a copy of the written assurance, pursuant to Prob. Code §3300 by such parent.

CRITICAL

Applies to
Distribution

The court will not order distribution of an heir’s or devisee’s interest care of their attorney unless the heir’s or devisee’s written consent is filed.

The Court will not order distribution of an heir’s or devisee’s interest in the estate care- of his or her attorney, unless the written consent of the heir or devisee is filed with the Court.

CRITICAL

Applies to
Petition for distribution

For a distribution departing from the will or intestate succession, the departure should be alleged and a written agreement signed by all involved distributees with notarized acknowledgments must be filed.

If the distributees seek distribution in a manner other than that provided by the will or by the laws of intestate succession, that fact should be alleged, and a written agreement (signed by all involved distributees with signatures acknowledged before a notary public) must be filed.

CRITICAL

Applies to
Agreement for distribution

If a distribution agreement assigns an interest, it must include specific assignment wording or a separate signed and notarized Assignment of Interest must be filed.

If an Agreement for Distribution contains an assignment of interest from one party to another, the agreement must contain specific wording as to the assignment or a separate form of Assignment of Interest which has been signed and acknowledged before a Notary Public must be filed in the proceeding.

CRITICAL

Applies to
Agreement for distribution

If a distributee is a minor or under disability, the distribution agreement must be signed by the minor’s legal guardian.

Note: If any such distributee is a minor or is under disability, the agreement must be signed by the minor's legal guardian.

CRITICAL

Applies to
Petition for distribution

A copy of any disclaimer affecting an asset must be on file before the hearing on a petition to distribute that asset.

A copy of any disclaimer must be on file prior to the hearing of any petition for distribution of any affected asset.

CRITICAL

Applies to
Petition to establish fact of death

The petition must be filed in the deceased person's name and verified.

A petition to establish the fact of death must be filed in the name of the deceased person whose interest has been terminated. The petition must be verified.

CRITICAL

Applies to
Petition to establish fact of death
Must include
proposed order

An order may be obtained ex parte if the petition includes the specified affidavit or declaration, death certificate, deed or other creating document, and proposed order; otherwise, the filing must be set for hearing under the appropriate Probate Code section.

The order can be obtained ex parte if the petition is accompanied by: A. An affidavit or declaration by petitioner that petitioner has no reason to believe that there is any opposition to, or contest of the petition. B. A death certificate. C. A copy of the deed or other document that created the joint tenancy, and D. The proposed order. E. Filings not accompanied by these documents must be set for hearing in accordance with the appropriate Probate Code section.

CRITICAL

Applies to
Spousal property petition

A spousal property petition must list the decedent’s and surviving spouse’s property interests on separate schedules.

A. The petition must list, on separate schedules, the decedent's interest and the surviving spouse's interest in the property.

CRITICAL

Applies to
Notice of proposed action

When notice of proposed action is required before an act under IAEA authority, file the original notice with the attached affidavit of mailing with the Court.

If notice of proposed action is required prior to performance of an act under IAEA authority, the original of the Notice of Proposed Action, with attached affidavit of mailing, shall be filed with the Court.

CRITICAL

Applies to
Petition for an order authorizing a proposed transaction

A petition seeking a finding that a spouse lacks legal capacity must include a compliant medical declaration specifically stating the relevant incapacity.

In order for the Court to make a finding that a spouse lacks legal capacity, there must be presented with Petition a declaration from a doctor or medical practitioner that complies with Probate Code § 810, 811 and 812. The declaration must specifically state that the person lacks the capacity to make a decision or perform the specific act required to complete the transaction.

CRITICAL

Applies to
Petition for substituted judgment

A substituted-judgment petitioning party must use due diligence to inform the Court of all relevant circumstances and what a reasonable person in the conservatee’s position would want to know.

Any party filing a petition for substituted judgment must use due diligence to fully inform the Court of all relevant circumstances. The petitioning party must use due diligence to inform the Court of everything a reasonable person in the conservatee’s position would have wanted to know before deciding whether or not a proposed action should be taken.

CRITICAL

Applies to
Order

An order granting a substituted-judgment petition must contain the findings required by Probate Code § 2582.

If the Court grants a petition for the exercise of substituted judgment, the order after hearing shall contain the findings required by Probate Code § 2582.

CRITICAL

Applies to
Trust accounting

A trust established for a conservatee under the substituted-judgment statutes must provide annual accountings of all trust assets and remain under Probate Court jurisdiction.

If a trust is established pursuant to the substituted judgment statutes for a conservatee, the Court will require annual accountings of all trust assets and the trust shall remain under the jurisdiction of the Probate Court.

CRITICAL

Applies to
Petition

A petition seeking each Probate Code § 2591 power must state the facts and reasons justifying its independent exercise.

The petition must state for each Probate Code § 2591 power requested, the facts and reasons which justify the independent exercise of the power.

CRITICAL

Applies to
Petition

The first petition seeking authority to encumber, list, or sell a conservatee’s present or former residence must include a declaration containing the information required by Probate Code § 2540(b).

Additionally, if the power to sell or encumber a conservatee’s present or former personal residence is requested, the information required under Probate Code § 2540(b) must be included in the petition by way of a declaration the first time the conservator seeks authority to encumber, list or sell the conservatee’s present or former personal residence.

CRITICAL

Applies to
Real property sale

When independent power to sell real property is granted, the sale must be confirmed by the Court, even though notice of sale need not be published.

Where the power is granted to sell real property (thereby eliminating the need to publish notice of sale), the Court requires the sale to be confirmed by the Court.

CRITICAL

Applies to
Account

All accounts must include the information required by Probate Code §§ 2620 and 1060 et seq.

All accounts must include the information required by Prob. Code §§2620 and 1060 et. seq.

CRITICAL

Applies to
Investigation report

Before the hearing, the Court must receive and review the investigation report required by Family Code § 7663.

Prior to the hearing on termination parental rights pursuant to these sections, the Court must receive and review the investigation report mandated by Family Code § 7663.

CRITICAL

Applies to
CR03 Notice of Motion to Continue Hearing

The CR03 Notice of Motion to Continue Hearing is mandatory.

CRIMINAL CR03 Notice of Motion to Mandatory Continue Hearing

CRITICAL

Applies to
PKT Advisement and Acknowledgement of Rights; Entry of Guilty or No Contest Plea; Request for Reduction of Fine & Order

The PKT Advisement and Acknowledgement of Rights form is mandatory.

TRAFFIC PKT Advisement and Mandatory Acknowledgement of Rights; Entry of Guilty or No Contest Plea; Request for Reduction of Fine & Order

CRITICAL

Applies to
TR001 Advisement and Waiver of Rights, and Plea (English/Spanish)

The TR001 Advisement and Waiver of Rights, and Plea form is mandatory.

TRAFFIC TR001 Advisement and Waiver Mandatory of Rights, and Plea (English/Spanish)

CRITICAL

Applies to
PR005 Annual Certification of Court Appointed Counsel

The PR005 Annual Certification of Court Appointed Counsel form is mandatory.

PROBATE PR005 Annual Certification of Mandatory Court Appointed Counsel

CRITICAL

Applies to
PR004 Application for Eligibility for Appointment as Counsel

The PR004 Application for Eligibility for Appointment as Counsel form is mandatory.

PROBATE PR004 Application for Eligibility Mandatory for Appointment as Counsel

CRITICAL

Applies to
CV012 Bench Warrant Civil

The CV012 Bench Warrant Civil form is mandatory.

CIVIL CV012 Bench Warrant Civil Mandatory

CRITICAL

Applies to
CV016 Bench Warrant Civil-Turlock

The CV016 Bench Warrant Civil—Turlock form is mandatory.

TURLOCK CV016 Bench Warrant Civil- Mandatory Turlock

CRITICAL

Applies to
CV001 Case Management Conference Waiver

The CV001 Case Management Conference Waiver form is mandatory.

CIVIL CV001 Case Management Mandatory Conference Waiver

Checked and corrected to match the court's document on Oct 10, 2026CRITICAL

Applies to
Temporary Guardianship Packet

The Temporary Guardianship Packet is mandatory.

PROBATE PKT Temporary Guardianship Mandatory

Checked and corrected to match the court's document on Oct 10, 2026CRITICAL

Applies to
Withdrawal of Funds from Blocked Account

The Withdrawal of Funds from Blocked Account form is mandatory.

PROBATE PKT Withdrawal of Funds Mandatory

Checked and corrected to match the court's document on Oct 10, 2026CRITICAL

Applies to
PR004 Application for Eligibility for Appointment as Counsel

The PR004 Application for Eligibility for Appointment as Counsel is mandatory.

PROBATE PR004 Application for Eligibility Mandatory

Checked and corrected to match the court's document on Oct 10, 2026CRITICAL

Applies to
SC001 Notice to Small Claim Litigants

The SC001 Notice to Small Claim Litigants is mandatory.

SM. CLAIMS SC001 Notice to Small Claim Mandatory

CRITICAL

Applies to
TR001 Advisement and Waiver of Rights, and Plea (English/Spanish)

The TR001 Advisement and Waiver of Rights, and Plea form is mandatory.

Traffic TR001 Advisement and Waiver of Rights, and Plea (English/Spanish) Mandatory

CRITICAL

Applies to
TR002 Written Not Guilty Plea and Request for Trial by Written Dec.

The TR002 Written Not Guilty Plea and Request for Trial by Written Declaration is mandatory.

Traffic TR002 Written Not Guilty Plea and Request for Trial by Written Dec. Mandatory

Checked and corrected to match the court's document on Oct 10, 2026CRITICAL

Applies to
TR003 Payment Plan Contract (NCR) (English/Spanish)

The TR003 Payment Plan Contract (NCR) is mandatory.

TRAFFIC TR003 Payment Plan Contract Mandatory

CRITICALCriminal cases

Applies to
Peace officer declaration

A peace officer seeking increased bail must file a written declaration under penalty of perjury stating the supporting facts and circumstances with a magistrate.

Pursuant to Penal Code Section 1269c, if a peace officer has reasonable cause to believe that the amount of bail set forth in the schedule of bail for that offense is insufficient to assure defendant’s appearance, the peace officer shall prepare a declaration in writing, under penalty of perjury, setting forth the facts and circumstances in support of the peace officer’s belief and file it with a magistrate.

WARNINGProposed or draft document; may not be in force

Applies to
Proof of service

In unlawful detainer cases, parties may file a copy of proof of service for a 3-, 30-, or 60-day notice to quit or vacate, but must retain the original.

In unlawful detainer cases, the parties may file a copy of the proof of service of 3, 30, or 60-day notice to quit/vacate, but must retain the original proof of service pursuant to California Rules of Court rule 2.257(b).

WARNINGProposed or draft document; may not be in force

Applies to
Evaluation forms

Counsel must complete and submit evaluation forms to the ADR Administrator.

Counsel shall complete and submit evaluation forms to the ADR Administrator.

WARNINGProposed or draft document; may not be in force

The Criminal Court must inquire whether other protective or restraining orders involve the defendant, protected person, or witness.

The Criminal Court shall also inquire as to whether there are any other protective/restraining orders involving the defendant, protected person and/or the witness.

WARNINGProposed or draft document; may not be in force

Applies to
Protected person pamphlet

The Protected Person Pamphlet must advise the protected person of the right to request restraining, custody and visitation, and child support orders through the appropriate court.

The Protected Person Pamphlet shall advise the protected person of their rights to request restraining orders, custody and visitation orders, and child support orders through the appropriate Court.

WARNINGProposed or draft document; may not be in force

Applies to
Memorandum of points and authorities

Without a memorandum of points and authorities, the motion is deemed conceded to lack merit, and the court will consider only issues stated in the memorandum unless they were not reasonably discoverable earlier or good cause is shown.

Absence of a memorandum of points and authorities shall be deemed by the Court to be a concession that the motion lacks merit. No issues other than those set forth in the memorandum of points and authorities will be considered unless they were not reasonably discoverable before the motion was filed, or there is other good cause shown.

WARNINGProposed or draft document; may not be in force

Applies to
Motion

A travel motion is not required if the travel lasts no more than 10 days, is within California, and any missed visits are made up.

In the case of a request for a youth to travel, a motion is not required provided all of the following shall occur: The time for travel time will not exceed 10 days in duration; the travel is within the State of California; and any missed visit(s) shall be made up.

WARNINGProposed or draft document; may not be in force

Applies to
Case management statement

Parties in summary dissolution proceedings need not file case management conference statements, but must be prepared to explain why they have not submitted an application for judgment.

In summary dissolution proceedings, the parties will not be required to file Case Management Conference Statements. However, the parties to a summary dissolution shall be prepared to explain to the Court why they have not submitted to the Court an application for judgment.

WARNINGProposed or draft document; may not be in force

Applies to
Income and expense declaration

Good cause for the FL-150 filing requirement includes, but is not limited to, situations where the custodial parent receives a full TANF/CalWorks grant.

Good cause includes, without limitation, situations in which the custodial parent (obligee) is receiving a full TANF/CalWorks grant.

WARNINGProposed or draft document; may not be in force

Applies to
Factual declaration

If a party is unemployed, the declaration should describe prior employment and its gross and net income, reasons for termination, and current job-search efforts.

If a party is unemployed, the declaration should describe previous employment, gross and net income derived there from, reasons for termination, and should state current efforts to seek employment.

WARNINGProposed or draft document; may not be in force

Applies to
Documents for elisor signature

If the elisor’s signature must be notarized, the moving party must arrange for a notary to be present at signing.

If the elisor’s signature must be notarized, the moving party must arrange for a notary public to be present when the elisor signs the document(s).

WARNINGProposed or draft document; may not be in force

Applies to
Visitation petition

A non-grandparent seeking visitation under Family Code section 3102 should file a separate petition unless the court instructs otherwise.

A non-grandparent party seeking visitation with a minor child after the death of a parent under Family Code section 3102 should file a separate petition for visitation, unless otherwise instructed by the court.

WARNINGProposed or draft document; may not be in force

Applies to
Moving and responding pleading

When child sharing is at issue, moving and responding pleadings should include a detailed proposed child sharing plan and all requested orders.

Whenever there is an issue regarding child sharing, every moving and responding pleading should set forth a detailed proposed child sharing plan, including all orders the party would like the Court to issue.

WARNINGProposed or draft document; may not be in force

Applies to
Proposed order

Unless the Court orders otherwise, Rule 5.125 governs submission of proposed orders after a hearing or trial, except in summary dissolution cases.

Unless otherwise ordered by the Court, and except in summary dissolution cases, California Rules of Court, rule 5.125, governs submission of proposed orders after hearing or trial.

Checked and corrected to match the court's document on Oct 10, 2026WARNING

Proposed or draft document; may not be in force

Applies to
Support modification stipulation

When the custodial parent has assigned support rights to the County under Family Code section 17400, the Department of Child Support Services and the obligor may stipulate to specified support modifications without the obligee’s signature.

If the custodial parent has assigned support rights to the County under Family Code section 17400, the Department of Child Support Services and a supporting non- custodial parent (obligor) may stipulate, without the signature of the custodial parent (obligee), for an order modifying the method of payment or changing the amount of support.

WARNINGProposed or draft document; may not be in force

Applies to
Judgment

If child support has not been assigned, a party may reserve the Court’s jurisdiction by including the specified language in the judgment.

When child support has not been assigned, a party may reserve the Court's jurisdiction to award child support by stating in the judgment: "The Court reserves jurisdiction to award child support without prejudice to any action brought by a party or the Department of Child Support Services."

WARNINGProposed or draft document; may not be in force

Applies to
Judgment

The property division and any confirmation of separate property may appear in the judgment or in an attached agreement incorporated by reference.

The division of the community estate and confirmation of separate property, as applicable, may be set forth either in the body of the judgment, or in an attached agreement incorporated in the Judgment by reference.

WARNINGProposed or draft document; may not be in force

Applies to
Marital settlement agreement

Submitting a marital settlement agreement addressing all issues constitutes good cause under this provision.

Good cause is shown where the party(ies) submit(s) a marital settlement agreement addressing all issues.

WARNINGProposed or draft document; may not be in force

Applies to
Request for order

A party dissatisfied with action concerning a complaint may file an FL-300 Request for Order, check “Other,” and use the specified title.

Any party dissatisfied with the action taken, if any, may bring a formal motion to the Court by filing a Request for Order (FL-300), checking the “Other” box, and entitling the order request, “Motion to Disqualify or Vacate Appointment of Minor’s Counsel.”

WARNINGProposed or draft document; may not be in force

Applies to
Document filed less than five court days prior to hearing

Omitting the hearing date from a document filed fewer than five court days before the hearing could delay matching it to the court file and may result in a continuance.

Failure to include the hearing date on documents filed less than five (5) court days prior to hearing could delay matching the document with the court file and may result in a continuance.

WARNINGProposed or draft document; may not be in force

Applies to
Self proving will

In uncontested proceedings, a self-proving will requires no additional proof unless the Court requests it.

In uncontested proceedings self-proving wills need no additional proof unless requested by the Court.

WARNINGProposed or draft document; may not be in force

Applies to
Will attestation clause

A will may be considered self-proving if its attestation clause contains the six listed elements from the California Statutory Will form.

A will may be considered self-proving if the attestation clause contains the elements in the California Statutory Will form set forth in Prob. Code §6240 as follows: 1. The testator requested the witnesses to sign as witnesses to the testator’s signature. 2. The witnesses and the testator signed in the presence of each other. 3. The testator is of sound mind and memory and does not appear to be acting under duress, menace, fraud, or undue influence. 4. The witnesses are over the age of 18 years. 5. The testator is over the age of 18 years. 6. The witnesses signed under penalty of perjury.

WARNINGProposed or draft document; may not be in force

Applies to
Verified petition

Oral testimony is not permitted at a hearing on a verified petition, and the evidence should be stated in the petition or an accompanying declaration.

At a hearing on a verified petition oral testimony will not be permitted. All evidence should be stated in the petition, or accompanying declaration.

WARNINGProposed or draft document; may not be in force

Applies to
Vouchers

Supporting vouchers are not to be filed with the Clerk unless the Court orders filing.

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

WARNINGProposed or draft document; may not be in force

Applies to
Distribution request

A request for distribution different from the will or intestate succession should allege that fact.

If the distributees seek distribution in a manner other than that provided by the will or by the laws of intestate succession, that fact should be alleged,

WARNINGProposed or draft document; may not be in force

Applies to
Petition to waive accounts

A petition to waive accounts should be submitted when a guardianship or conservatorship estate meets the requirements of Probate Code section 2628.

If a guardianship or conservatorship estate meets the requirements of Prob. Code § 2628, a petition to waive accounts should be submitted.

WARNINGProposed or draft document; may not be in force

Applies to
Petition to determine or confirm community property

A petition to determine or confirm community property should include each relevant listed allegation, including marriage details, property and net-worth information, receipts and current estate property, California arrival date, and facts supporting the community-property claim with a copy of any supporting document.

In addition to the allegations required by law, a petition to determine and/or confirm community property should contain as many of the following allegations as are relevant: 1. Date and place of marriage to surviving spouse. 2. Whether or not decedent owned any real or personal property on date of marriage, and if so, descriptions and appropriate values. 3. Decedent's net worth at time of marriage. 4. Whether decedent received any property after date of marriage by gift, bequest, devise, descent, proceeds of life insurance or joint tenancy survivorship, and if so, descriptions, approximate value and date of receipts. 5. Whether any property so received by decedent under (d) above is still a part of this estate, and if so, identification of such property. 6. Date decedent first came to California after marriage. 7. Any additional facts upon which claim of community property is based. If the claim of community property is based on any document, a copy thereof

WARNINGProposed or draft document; may not be in force

Applies to
Information provided to investigating agency

Petitioners are expected to provide the investigating agency with all possible information about the alleged father’s identity and whereabouts.

Petitioners will be expected to provide the investigating agency with all possible information regarding the identity and whereabouts of the alleged father.

WARNINGProposed or draft document; may not be in force

Applies to
Sworn written statement

Petitioners unable to locate or identify an alleged father may request that notice be dispensed with by filing a sworn statement specifically describing their identification and location efforts.

Petitioners who are unable to locate or identify alleged fathers may request the Court to dispense with notice of the hearing by filing with the Court a sworn written statement specifically describing the attempts to identify and locate the alleged father.

WARNING

Applies to
Request for exemption from mandatory electronic filing and service
Must include
proposed order

A party subject to mandatory e-filing may request an exemption by showing undue hardship or significant prejudice and filing Forms EFS-007 and EFS-008.

A party required to file documents electronically may request an exemption from the requirement by showing undue hardship or significant prejudice by filing a Request for Exemption from Mandatory Electronic Filing and Service (Judicial Council Form EFS-007) with a Proposed Order (Judicial Council Form EFS-008).

WARNING

Applies to
Proof of service

Parties may file a copy of proof of service of a 3-, 30-, or 60-day notice to quit or vacate, but must retain the original.

In unlawful detainer cases, the parties may file a copy of the proof of service of 3, 30, or 60-day notice to quit/vacate, but must retain the original proof of service pursuant to California Rules of Court rule 2.257(b).

WARNING

Applies to
Order

An order’s signature line must be at the end, must not be followed by an attachment, and must not appear alone on a page.

The signature line must always be at the end of the order and not followed by any attachment. It should never be on a page by itself.

WARNING

Applies to
Memorandum of points and authorities

The Court will consider only issues in the memorandum of points and authorities unless a new issue was not reasonably discoverable before filing or other good cause is shown.

No issues other than those set forth in the memorandum of points and authorities will be considered unless the new issues were not reasonably discoverable before the motion was filed or there is other good cause shown.

Checked and corrected to match the court's document on Oct 10, 2026WARNING

Applies to
Installment plan enrollment

A defendant unable to pay in full within 60 days may complete the Judicial Council TR-300 Form and the Court’s Payment Plan Enrollment Form to enter an installment plan.

If the defendant is not able to pay the full amount within sixty (60) days, the defendant can complete the Judicial Council TR- 300 Form and the Court’s Payment Plan Enrollment Form to enter into an installment plan.

WARNING

Applies to
Case management statement

Parties in summary dissolution proceedings need not file case management conference statements but must be prepared to explain why they have not submitted an application for judgment.

In summary dissolution proceedings, the parties will not be required to file Case Management Conference Statements. However, the parties to a summary dissolution shall be prepared to explain to the Court why they have not submitted to the Court an application for judgment.

WARNING

Applies to
Income and expense declaration

A declaration is current if executed within three months of the hearing or if it needs no modification to accurately state the party’s financial condition as of the hearing date.

Except as may be defined elsewhere herein, "current" means executed within three (3) months of the date matter is to be heard, or when the filed declaration requires no modification to correctly state the party's income and expense condition as of the date the matter is to be heard. (7/1/20)

WARNING

Applies to
Additional factual declaration

When a party is unemployed, an additional factual declaration should describe prior employment and income, the reason employment ended, and current job-search efforts.

5. Requirement of an Additional Factual Declaration: An additional factual declaration shall be provided where the following circumstances are applicable: (7/1/20) a. If a party is unemployed, the declaration should describe previous employment, gross and net income derived there from, reasons for termination, and should state current efforts to seek employment. (7/1/20)

WARNING

Applies to
Elisor signature

If the elisor’s signature requires notarization, the moving party must arrange for a notary public to be present at signing.

If the elisor’s signature must be notarized, the moving party must arrange for a notary public to be present when the elisor signs the document(s).

WARNING

Applies to
Supporting declaration

The arrearage declaration should state, at a minimum, each month support was not received and the amount owing for that month.

Such declaration should contain, at a minimum, the months in which support was not received and the amount of support owing for each such month.

WARNING

Applies to
Court order

If the judge who heard the matter is unavailable for longer than two weeks after submission, the family law presiding judge must sign the order or judgment.

In the event the Judge who heard the hearing or trial is unavailable for longer than two (2) weeks from submission of the order or judgment, the order or judgment shall be signed by the family law presiding judge.

WARNING

Applies to
Settlement conference statement

Issues omitted from a Settlement Conference Statement may be added only with the trial judge’s consent, and a party or attorney who fails to meet or submit a statement is precluded from requesting issues omitted from the other party’s statement.

Issues not specified in the Settlement Conference Statement may be added later only with the consent of the trial judge, who has discretion to refuse or permit the addition of such issues with whatever qualifications or restrictions the Court deems appropriate. In the event a party/attorney fails to meet or fails to submit a Settlement Conference Statement, that party will then be precluded from requesting the addition of issues not set forth in the other party’s Settlement Conference Statement.

WARNING

Applies to
Documentary evidence

Documentary evidence should be offered by stipulation, and copies must be exchanged by counsel and identified by the Clerk before trial begins.

Documentary evidence should be offered by stipulation to avoid the need for foundational witnesses. Irrespectively, copies of all such evidence must be exchanged by counsel and identified by the Clerk prior to the commencement of trial.

Checked and corrected to match the court's document on Oct 10, 2026WARNING

Applies to
Application for order and supporting declaration

When special circumstances warrant it, supporting facts should be stated in item 13 of the Application for Order and Supporting Declaration.

If special circumstances warrant it, the facts in support should be set forth at item 13 of the Application for Order and Supporting Declaration. Examples of special circumstances would include the need for an appraiser, accountant, actuary, doctor, extensive discovery, or out-of- state discovery, etc.

WARNING

Applies to
Pretrial statement

Counsel should state in the pre-trial statement that the issue will be raised and that a bifurcated hearing is requested after the dissolution judgment.

In this case, counsel should advise the opposing party and the court by a statement in the pre-trial statement that the issue will be raised, and that counsel requests the issue be bifurcated for hearing after the court renders its dissolution judgment.

WARNING

Applies to
Judgment

When child support has not been assigned, a party may reserve jurisdiction by including the specified language in the judgment.

When child support has not been assigned, a party may reserve the Court's jurisdiction to award child support by stating in the judgment: "The Court reserves jurisdiction to award child support without prejudice to any action brought by a party or the Department of Child Support Services."

WARNING

Applies to
Declaration

Especially in a default proceeding, the party may submit a declaration listing community property and its values, encumbrances, and equities; the declaration must also list community obligations, creditors, and balances due.

Especially when proceeding by default, the party submitting the judgment may accomplish this by submitting a declaration listing each item of community property with current market values, encumbrances, and equities. The declaration shall also include a list of all community obligations with identities of creditors and balances due.

WARNING

Applies to
Return

When a buyer assumes or takes subject to an existing encumbrance, the return should state the facts pertinent to the assumption agreement and any contingent liability.

The return should set forth the facts pertinent to such assumption agreement and any contingent liability.

WARNING

Applies to
Sworn written statement

Petitioners unable to locate or identify an alleged father may request that the Court dispense with hearing notice by filing a sworn statement specifically describing their identification and location attempts.

Petitioners who are unable to locate or identify alleged fathers may request the Court to dispense with notice of the hearing by filing with the Court a sworn written statement specifically describing the attempts to identify and locate the alleged father.

WARNING

Applies to
Document filed less than five court days before hearing

Omitting the hearing date from a document filed fewer than five court days before the hearing could delay matching it to the court file and may result in a continuance.

Failure to include the hearing date on documents filed less than five (5) court days prior to hearing could delay matching the document with the court file and may result in a continuance.

WARNING

Applies to
Will proof declaration

The Court prefers proof of formal witnessed and holographic wills by declaration rather than testimony, and the declaration must include a photographic copy of the will or codicil.

The Court prefers that both formal witnessed wills and holographic wills be proven by declaration rather than by testimony. The declaration shall have a photographic copy of the will or codicil attached. (Prob. Code § 8220)

WARNING

Applies to
Self proving will

In uncontested proceedings, self-proving wills require no additional proof unless the Court requests it.

In uncontested proceedings self-proving wills need no additional proof unless requested by the Court.

WARNING

Applies to
Verified petition

Oral testimony is not permitted at a hearing on a verified petition; all evidence should be stated in the petition or an accompanying declaration.

At a hearing on a verified petition oral testimony will not be permitted. All evidence should be stated in the petition, or accompanying declaration.

WARNING

Applies to
Accounting

The Court may approve payment without a filed verified claim if the accounting shows the debt was paid within the claim-filing period and the estate is solvent.

Although a verified claim has not been filed, the Court may, under Prob. Code §§9154 and 11005, approve the payment of a debt if the accounting shows that such debt was paid during the time within which such claim could have been filed and the estate is solvent.

WARNING

Applies to
Ex parte petition for final discharge

For an approved final-distribution reserve below $5,000, the personal representative need not account for the reserve and may seek discharge by filing form DE-295 with conformed copies of filed receipts for the approved distribution only.

If the Petition for Final Distribution is approved with a reserve of less than $5,000, the personal representative need not account for the reserve and may be discharged on the filing of an Ex Parte Petition for Final Discharge (Judicial Council form DE-295) that attaches conformed copies of the filed receipts only for the approved distribution.

WARNING

Applies to
Petition to establish fact of death

A separate petition may not be filed after a petition for final distribution; a petition filed after that point should be brought in a new proceeding under a new number.

No such separate petition may be filed after the filing of a petition for final distribution; and, if a petition to establish fact of death is then filed, it should be in a new proceeding under a new number.

WARNING

Petitioners are expected to provide the investigating agency with all possible information about the alleged father's identity and whereabouts.

Petitioners will be expected to provide the investigating agency with all possible information regarding the identity and whereabouts of the alleged father.

INFOProposed or draft document; may not be in force

Applies to
Pleading or other document

The clerk will not review pleadings or other documents for legal compliance.

The clerk will not review pleadings or other documents for compliance with the law.

INFOProposed or draft document; may not be in force

Applies to
Will proof

The Court prefers proof of formal witnessed and holographic wills by declaration rather than testimony.

The Court prefers that both formal witnessed wills and holographic wills be proven by declaration rather than by testimony.

INFO

Applies to
Case management statement

Two or more parties may file a joint case management statement instead of filing separate statements.

In lieu of each party filing a separate case management statement, any two or more parties may file a joint statement.

INFO

Applies to
Judgment

The division of the community estate and confirmation of separate property may appear in the judgment or in an attached agreement incorporated by reference.

The division of the community estate and confirmation of separate property, as applicable, may be set forth either in the body of the judgment, or in an attached agreement incorporated in the Judgment by reference.

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

Proposed or draft document; may not be in force

2. The complainant must register their complaint in writing with the ADR Administrator. The written complaint must include the following information: (a) The names of the parties in the case and their attorneys; (b) The case number; (c) The most recent court date; (d) The name(s) of any mediation personnel (i.e. mediators or mediation clerks) with whom the complainant had contact; and, (e) A statement explaining the reasons for the complaint.

Machine summary

A written mediator complaint must be registered with the ADR Administrator and include the parties’ and attorneys’ names, case number, most recent court date, relevant mediation personnel, and reasons for the complaint.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Alternative writ application ?

The application must be accompanied by a memorandum of points and authorities.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Pleading ?

This courtesy copy shall be in addition to the original plus two (2) copies already required.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Motion ?

Counsel shall provide at least three alternate dates for the hearing.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Written not guilty plea ?

If the defendant elects to enter a not guilty plea in writing, form TR-006 (Advisement of Rights and Plea of Not Guilty in Writing) must be completed and filed with the Clerk’s Office by the “appear/respond by” date on the citation.

Summary: A defendant entering a written not-guilty plea must complete and file form TR-006 with the Clerk’s Office.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Application to modify criminal protective order ?

The application shall contain the case numbers of both the Criminal case and any Family, Juvenile, or Probate cases involving the defendant and the protected person and must be signed by the appropriate Judge prior to being presented to the Criminal Clerk's Office for scheduling of the hearing.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Wende brief ?

A. Appellant’s Counsel is to file a brief summarizing the facts and proceedings. The brief must contain citations to the record on appeal; (1/1/21)

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Application for extension of time to serve ?

The application must be accompanied by a declaration showing why service has not been affected, documenting the efforts that have been made to complete service, and specifying the date by which service is proposed to be completed.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Income and expense declaration

In addition, an Income and Expense Declaration (FL-150) is not fully complete unless it contains the following:

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Income and expense declaration ?

A fully completed section on attorney's fees, including the hourly rate, if any, even if attorney's fees have not been requested.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Income and expense declaration ?

A schedule of bonuses, if any, setting forth the amount and date of the most recent bonus, the date on which the next bonus is expected to be received, and the amount of the next bonus (if known).

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Income and expense declaration ?

A statement of overtime and a description of the frequency of receipt.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Income and expense declaration ?

Deductions from income based on withholding allowances or deductions from income based on dependency actions that reflect actual tax liability.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Request for order

All Request for Orders to Modify Child Custody and/or Visitation shall include on the face thereof the name of the Mediator if the matter has been previously mediated, either in the same or a different file of if the same parties together have been involved in mediation with other children.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Income and expense declaration

(1) Disclosure on Income and Expense Declaration: That fact shall be disclosed on the Income and Expense Declaration (FL-150);

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Papers

In all matters which involve both issues the Court now requires that two calendar dates be received at the time papers are filed. The initial date will be for mediation with a second date for economic issues.

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

Proposed or draft document; may not be in force

Any proposed judgment submitted to the Court regarding support obligations or arrearages shall use Judicial Council form FL-630.

Machine summary

A proposed judgment regarding support obligations or arrearages must use Judicial Council form FL-630.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Proposed judgment ?

If there are assets and/or debts to be disposed of by the Court, the petitioner must propose a division of property and/or debts.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Proposed judgment ?

When motor vehicles are to be divided, petitioner shall attach copies of the Kelly Blue Book valuation showing the current market value and copies of documents showing the current car loan balance.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Proposed judgment ?

When bank accounts are being divided, the petitioner shall submit copies of bank statements showing balances as of the date of separation.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Proposed judgment ?

When pension/retirement accounts are to be divided, petitioner shall submit copies of statements showing the balances as of the date of separation and copies showing current values representing the community interest.

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

Proposed or draft document; may not be in force

All orders for spousal support shall state the amount of support, the date(s) payable, and unless there is an agreement to the contrary, that support shall terminate on the death of either party or remarriage of the supported party.

Machine summary

Spousal support orders must state the amount and payment dates and, absent an agreement otherwise, provide for termination upon either party's death or the supported party's remarriage.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Proposed judgment submission ?

Petitioner shall also submit two (2) stamped envelopes addressed to the parties as listed on the notice of entry of judgment. Envelopes must be of appropriate size with regard to the number of documents submitted and must have sufficient postage affixed. (7/1/20)

Summary: The petitioner must submit two stamped envelopes addressed to the parties as listed on the notice, sized for the documents and bearing sufficient postage.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Declaration

Good cause for granting any such order(s) shall be set forth in an attached declaration(s). (7/1/20)

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Judgment by declaration ?

A request to enter default, or appearance, stipulation and waivers, as applicable, is required to be submitted for filing as appropriate.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Marital settlement agreement ?

The parties thereto are represented by separate counsel and the agreement or stipulation for entry of judgment is signed by such parties and their respective attorneys. If only one party is represented, an affidavit filed by the other party to the agreement stating that s/he has been advised to consult an attorney in reference to the agreement, but declined to do so, will be accepted in lieu of the signature of an attorney for such party. Such affidavit shall be a separate document limited solely to a waiver of counsel.

Summary: The agreement or stipulation must be signed by the parties and their separate attorneys, unless an unrepresented party files a separate affidavit stating that they were advised to consult counsel and declined, limited solely to waiver of counsel.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Marital settlement agreement

When a judgment of dissolution of nullity, of marriage, or legal separation of the parties is to be granted upon the default of one of the parties; the signature of the spouse who was defaulted on any marital settlement agreement or any stipulated judgment shall be notarized pursuant to Family Code section 2338.5.

Summary: When dissolution, nullity, or legal separation judgment is granted by default, the defaulted spouse's signature on a marital settlement agreement or stipulated judgment must be notarized.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Default submission ?

All other defaults shall be submitted by way of affidavit.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Declaration

Except for good cause shown, a Declaration for Default or Uncontested Dissolution/Legal Separation (Form FL-170) with a supplemental declaration attached indicating which orders are to be included in the judgment of dissolution or legal separation or in the alternative, a Prehearing Statement (See Local Form FL-002), along with a current Income and Expense Declaration (FL- 150) pursuant to Family Code Sections 2101 and 2106. (7/1/20)

Summary: Unless good cause is shown, a Form FL-170 with an attached supplemental declaration identifying the requested judgment orders, or alternatively a Prehearing Statement, is required.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Supplemental declaration or prehearing statement ?

A list of all items of community property with current market values, encumbrances, and equities.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Supplemental declaration or prehearing statement ?

A list of all current community debts and obligations with the identities of the creditors and balance due. (7/1/20)

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

Proposed or draft document; may not be in force

To the extent that either separate property or community property consists of funds held by others, such as insurance policies, pensions, profit sharing, or other trust or retirement funds, the statement shall fully identify the policy or fund, including policy, serial or account numbers, the present values and basis for calculation, and all terms or conditions imposed upon withdrawal of such funds.

Machine summary

For property consisting of funds held by others, the statement must identify the fund and provide its identifying numbers, present value and calculation basis, and withdrawal terms or conditions.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Supplemental declaration or prehearing statement ?

A proposal showing the requested equal division of the community property and community obligations. (7/1/20)

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Factual declaration

Where the judgment is taken by default, and there is no existing order or no attached written agreement of the parties concerning custody and visitation, an attached factual declaration shall set forth the following: (7/1/20)

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Factual declaration ?

Where the party is seeking joint custody, what contact shall the defaulting party have with the child/ren. (7/1/20)

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Guardianship matter ?

In all matters affecting the custody of a minor, in addition to endorsed filed copies of all petitions, notices and proofs of service, the following shall be provided to the Court Investigator:

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Guardianship matter ?

Judicial Council form Declaration Under Uniform Child Custody and Jurisdiction Act;

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Guardianship matter ?

A copy of the minor’s birth certificate;

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Guardianship matter ?

The local form “Relative Guardianship Questionnaire”. The questionnaire is available from the Superior Court Clerk’s Office or the Court Investigator’s Office; and

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

Proposed or draft document; may not be in force

A person requesting ex parte approval of a settlement agreement in a probate, trust, guardianship, or conservatorship proceeding must submit a completed Local Form PR-006, Request for Ex Parte Approval of Probate Settlement Agreement, together with the settlement agreement and proposed order. The Court will not approve an ex parte order approving a settlement agreement unless the completed local form and all required attachments have been submitted.

Machine summary

A request for ex parte approval of a settlement agreement in a probate, trust, guardianship, or conservatorship proceeding must include completed Local Form PR-006, the settlement agreement, a proposed order, and all required attachments.

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

Proposed or draft document; may not be in force

The applicant must identify every person and entity known to have an actual, potential, contingent, beneficial, fiduciary, creditor, successor, or other interest that may be affected by the settlement. The disclosure must include, as applicable, each beneficiary, heir, devisee, creditor, contingent beneficiary, minor, unborn person, conservatee, and person represented by a guardian ad litem who may be affected by the settlement.

Machine summary

The applicant must disclose persons and entities whose interests may be affected by the settlement, including the listed categories of interested persons.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Ex parte request ?

The applicant must disclose whether any affected person is a minor, an unborn person, a conservatee, a person alleged or determined to lack legal capacity, or a person represented by a guardian ad litem, guardian, conservator, trustee, attorney, or other legally authorized representative. The applicant must identify the representative, state whether the representative approved the settlement, and explain how the settlement protects the represented person’s interest. The applicant must also disclose any affected interest that is contingent, future, unknown, unascertained, or not presently represented.

Summary: The applicant must disclose protected or unascertained interests and identify representatives, their approval, and how the settlement protects represented persons.

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

Proposed or draft document; may not be in force

The completed local form must describe the underlying proceeding, the material terms and effect of the settlement, all property and rights affected, any pending petitions, objections, appeals, creditor claims, or related disputes, and any mediation or other process through which the settlement was reached. The applicant must identify the legal authority for approval of the settlement and state why ex parte consideration is appropriate instead of a noticed petition.

Machine summary

The completed local form must describe the proceeding, settlement, affected property and rights, related disputes and settlement process, and the legal and factual basis for ex parte consideration.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Executor declination ?

If the person named in the decedent’s will as executor declines to act as such, his written and signed declination to act must be filed with the Court unless evidence is produced that he is incompetent or refuses to act.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Ex parte petition ?

If bequeathed, the specific legatee must consent to the sale and the consent must accompany the petition.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Family allowance petition ?

If the petitioner is someone other than the personal representative and the petition is not accompanied by either of the following documents signed by the personal representative: (1) Consent to the allowance or (2) Waiver of Notice.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

If there is no common street address, some indication of the location of the property shall be included.

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

Proposed or draft document; may not be in force

B. The following schedules are required to be attached to the accounting (Prob. Code §1062): 1. Receipts showing the nature and purpose of each item, the source of the receipt, and the date thereof; 2. Disbursements, including the nature or purpose of each item, the name of the payee, and the date thereof; 3. Net income or loss from a trade or business, which shall be sufficient if it provides the information disclosed on Schedules C or F of the federal income tax return; 4. Calculation of gains or losses on sale or other disposition of assets; 5. Distributions of cash or property to beneficiaries, ward or conservatee, showing the date and amount of each, with the distribution of property shown at its carry value; 6. Itemized list of property on hand, describing each item at its carry value.

Machine summary

The accounting must include the six specified schedules covering receipts, disbursements, business income or loss, asset gains or losses, distributions, and property on hand.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Verified petition

Although a verified claim has not been filed, the Court may, under Prob. Code §§9154 and 11005, approve the payment of a debt if the accounting shows that such debt was paid during the time within which such claim could have been filed and the estate is solvent. Such approval, however, is discretionary with the Court and must be justified by allegations in a verified petition or by testimony in open court as to the factors referred to in Prob. Code §9154.

Summary: Despite the absence of a verified claim, the Court may discretionarily approve a qualifying debt payment if a verified petition alleges the relevant factors or testimony is given in open court.

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

Proposed or draft document; may not be in force

If the reserve amount is $20,000 or more, a supplemental accounting of the reserve must be filed and set for hearing and notice of the hearing must be given in the same manner as for any regular accounting. The Ex Parte Petition for Final Discharge may not be filed until the supplemental accounting is approved.

Machine summary

For a reserve of $20,000 or more, a supplemental accounting must be filed, set for hearing, and noticed like a regular accounting; the ex parte discharge petition cannot be filed until approval.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Report of administration ?

E. An allegation that a notice of death has been provided to the Department of Health Services as required by Prob. Code §§215 and 9202, or that no such notice if required.

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

Proposed or draft document; may not be in force

If 185 ===== PAGE 186 ===== Stanislaus County Superior Court distribution will be made to such person, the petition for distribution must contain an allegation that no such notice is required or that a notice of death has been provided to California Victim Compensation and Government Claims Board as required by Prob. Code § 9202, and whether or not the Director of the California Victim Compensation and Government Claims Board has demanded collection of any outstanding restitution fines or orders.

Machine summary

If distribution will be made to an heir described in the preceding provision, the petition must address the required notice of death and whether the Board’s Director demanded collection of outstanding restitution fines or orders.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Report of administration ?

G. An allegation that a notice of administration has been provided to Franchise Tax Board as required by Prob. Code §§1215 and 9202, or that no such notice is required.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Report of administration ?

H. An allegation as to the character of the property, whether separate or community.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Agreement approval ?

Either earlier Court approval of the agreement in the guardianship proceeding must be proved in the probate proceeding or a petition for approval of the agreement in both the guardianship proceeding and the probate proceeding must be brought on for hearing at the same time.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Petition to establish fact of death ?

The petition must be verified.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Petition to establish fact of death ?

Filings not accompanied by these documents must be set for hearing in accordance with the appropriate Probate Code section.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Petition and order

The petition and order shall include a request for those findings.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Order and letters of conservatorship ?

Any powers so granted must be set forth at length in the order and in the letters of conservatorship.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Adoption finalization hearing ?

Adoptions may not be set for finalization hearing until all of the following have been completed: A. The written consents of both birth parents, if living, have been filed with the Court by the Petitioners or by the adoption agency, or all birth parents’ rights have been terminated and the appeal period has expired on the order terminating parental rights (an exception is required by termination cases filed under Family Code § 8604). Termination of parental rights is required prior to adoption finalization in every case where a living parent does not consent, even if the identity or location of the non- consenting parent is unknown.

Summary: An adoption cannot be set for finalization until the required parental consents are filed or parental rights are terminated and the appeal period expires; termination is required when a living parent does not consent, subject to the stated exception.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Information provided to investigating agency ?

Petitioners must provide the investigating agency with contact information, including phone numbers and addresses, for themselves, the minor(s), and the birth parents (to the extent known).

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Investigation report ?

If the termination action is filed pursuant to an agency adoption, the adoption agency is responsible for filing the report.

Not confirmed. Read the court's wording below.CRITICAL?

Proposed or draft document; may not be in force

Applies to
Ex parte application for service by publication ?

In accordance with Family Code § 7882, this application will only be granted if it is supported by a declaration from Petitioners and other persons with knowledge as to the efforts made with due diligence to locate the absent parent.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Application for alternative writ ?

The application must be accompanied by a memorandum of points and authorities.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Motion

Said motions must include the date of jury trial and shall state the number of pages in the transcript of the preliminary hearing, grand jury proceedings, or other hearing being reviewed on the face sheet of the motion.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Motion

A. List of Items to be Suppressed or Returned: The moving party shall include a complete itemized list of the specific items of property or other matters sought to be suppressed or returned. A general request to suppress or return "all evidence seized," without greater specificity, is not sufficient and shall be deemed an abandonment of the motion. Only the items listed in the motion will be considered by the court for suppression or return unless it is established the newly identified item could not reasonably be identified before the motion was filed.

Summary: A Penal Code section 1538.5 motion must itemize the specific property or matters sought; a general request to suppress or return all evidence is insufficient and treated as abandonment, except that an item not reasonably identifiable before filing may be considered.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Written transcript

No audio or video recording having audio shall be marked for identification, admitted as an exhibit, or played before the Judge or jury unless the proponent thereof first provides the Court with a written transcript of the recording.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Notice of related case

All parties and counsel of record must file a “Notice of Related Case” on the appropriate Judicial Council form in accord with the Rules of Court and Code of Civil Procedure. Failure to do so in a timely manner after discovery or knowledge of a related case not assigned to the

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

Any petition, application, motion or order request, including any response thereto, involving an issue of child custody, visitation, child support or domestic violence shall contain a prominent statement in writing notifying the Court and all parties of: (1/1/21) 2. Any prior applications for relief similar to that requested in the current moving paper of which said moving party or counsel have knowledge. (7/1/20)

Machine summary

Covered custody, visitation, child-support, or domestic-violence filings must prominently disclose known prior applications for similar relief.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Income and expense declaration ?

a. Schedules wherever required (including all business income, commission income, rental income, interest income, etc.). These schedules shall completely set forth the source of income, total gross income, an itemization of all deductions, and the net income after deductions. Business expense schedules shall identify depreciation and any other non-cash expenses. (7/1/20)

Summary: Required FL-150 income schedules must detail income sources, gross income, deductions, and net income; business expense schedules must identify depreciation and other non-cash expenses.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Income and expense declaration ?

b. A fully completed section on attorney's fees, including the hourly rate, if any, even if attorney's fees have not been requested. (7/1/20)

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Income and expense declaration ?

c. A schedule of bonuses, if any, setting forth the amount and date of the most recent bonus, the date on which the next bonus is expected to be received, and the amount of the next bonus (if known). (7/1/20, 7/1/24)

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Income and expense declaration ?

d. A statement of overtime and a description of the frequency of receipt. (7/1/20)

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Income and expense declaration ?

e. Deductions from income based on withholding allowances or deductions from income based on dependency actions that reflect actual tax liability. (7/1/20)

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

b. If there are other income-producing household members, including a new spouse or nonmarital partner, the declaration shall state the relationship to the party, their gross and net income, their contributions to household expenses, and any financial arrangements between the party and those persons.

Machine summary

If other household members produce income, the additional factual declaration must state their relationship to the party, income, household contributions, and financial arrangements.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Request for order

All Request for Orders to Modify Child Custody and/or Visitation shall include on the face thereof the name of the Mediator if the matter has been previously mediated, either in the same or a different file of if the same parties together have been involved in mediation with other children.

Summary: A request to modify custody or visitation must state on its face the mediator’s name if the specified prior mediation occurred.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Therapeutic treatment records request ?

The party or the party’s attorney shall first complete and sign Local Form FL022 “Release of Therapeutic Treatment Notes” and shall agree to maintain the privacy and confidentiality of the disclosed records unless and until offered and admitted in a custody proceeding where the records have not been sealed by court order and/or the courtroom has not been closed to the public by court order. Local Form FL022 is adopted for mandatory use and is intended to implement and supplement this local rule.

Summary: To obtain copies of court-ordered therapeutic treatment records and notes, a party or attorney must first complete and sign mandatory Local Form FL022 and agree to maintain the records’ privacy and confidentiality, subject to the stated court-order exceptions.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Papers

In all matters which involve both issues the Court now requires that two calendar dates be received at the time papers are filed. The initial date will be for mediation with a second date for economic issues.

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

Any proposed judgment submitted to the Court regarding support obligations or arrearages shall use Judicial Council form FL-630.

Machine summary

A proposed judgment concerning support obligations or arrearages must use Judicial Council form FL-630.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Writ of execution ?

The Clerk of Court shall verify the amount of the judgment set forth in item no. 11 before any writ is issued.

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

In any family law matter in which a modification of an existing order is sought by stipulation, the stipulation must be signed by both parties and their respective attorneys, if any. This includes Stipulations to Set Aside Defaults. (7/1/20)

Machine summary

A stipulation seeking to modify an existing order in a family law matter, including a stipulation to set aside a default, must be signed by both parties and their respective attorneys, if any.

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

Except in Title IV-D cases, any document setting forth a stipulation between the parents regarding child support must be accompanied by Child Support Case Registry forms (FL-191) completed by each parent. (7/1/20)

Machine summary

A document stipulating to child support between parents must include an FL-191 completed by each parent, except in Title IV-D cases.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Attorney fee request ?

Fees and costs will not be awarded unless an Income and Expense Declaration (Judicial Council form FL-150) is submitted with each item fully and accurately completed.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Judgment

Every judgment shall state in the upper left-hand corner the name and address of the person presenting it to the Court for signature (7/1/20)

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Judgment ?

If there are assets and/or debts to be disposed of by the Court, the petitioner must propose a division of property and/or debts.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Judgment attachments ?

When bank accounts are being divided, the petitioner shall submit copies of bank statements showing balances as of the date of separation.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Judgment attachments ?

When pension/retirement accounts are to be divided, petitioner shall submit copies of statements showing the balances as of the date of separation and copies showing current values representing the community interest.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Judgment ?

If a restraining order is in effect on Form DV-130, a copy of the restraining order, along with the date of expiration of the restraining order must also be attached.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Declaration

Good cause for granting any such order(s) shall be set forth in an attached declaration(s).

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Judgment by declaration ?

A request to enter default, or appearance, stipulation and waivers, as applicable, is required to be submitted for filing as appropriate.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Declaration for default or uncontested dissolution legal separation ?

This Declaration must address all issues in the Petition and may not request any orders in the judgment beyond the relief requested in the petition.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Marital settlement agreement ?

The parties thereto are represented by separate counsel and the agreement or stipulation for entry of judgment is signed by such parties and their respective attorneys.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Marital settlement agreement

When a judgment of dissolution of nullity, of marriage, or legal separation of the parties is to be granted upon the default of one of the parties; the signature of the spouse who was defaulted on any marital settlement agreement or any stipulated judgment shall be notarized pursuant to Family Code section 2338.5.

Summary: When the specified judgment is granted upon a party’s default, the defaulted spouse’s signature on a marital settlement agreement or stipulated judgment must be notarized.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Default or uncontested dissolution submission ?

Except for good cause shown, a Declaration for Default or Uncontested Dissolution/Legal Separation (Form FL-170) with a supplemental declaration attached indicating which orders are to be included in the judgment of dissolution or legal separation or in the alternative, a Prehearing Statement (See Local Form FL-002), along with a current Income and Expense Declaration (FL- 150) pursuant to Family Code Sections 2101 and 2106.

Summary: Unless good cause is shown, the filing must include Form FL-170 with a supplemental declaration or, alternatively, a Prehearing Statement, along with a current Income and Expense Declaration.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Supplemental declaration or prehearing statement ?

A list of all items of community property with current market values, encumbrances, and equities. All real property referred to in a judgment shall be described by its complete common address and legal description.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Supplemental declaration or prehearing statement ?

A list of all current community debts and obligations with the identities of the creditors and balance due.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Supplemental declaration or prehearing statement ?

To the extent that either separate property or community property consists of funds held by others, such as insurance policies, pensions, profit sharing, or other trust or retirement funds, the statement shall fully identify the policy or fund, including policy, serial or account numbers, the present values and basis for calculation, and all

Summary: When property consists of funds held by others, the statement must identify the policy or fund, relevant numbers, present values, and calculation basis; the source text ends mid-sentence.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Judgment ?

A. The issue of spousal support for each party must be addressed. A support amount may be requested, support may be terminated, or the issue of support may be reserved. (7/1/20)

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

Stipulated judgment for nullity may be signed by the Court, absent a hearing, where the stipulation or an accompanying factual declaration contains facts supporting the grounds for the nullity judgment. (7/1/20)

Machine summary

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

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Guardianship petition ?

A detailed statement under penalty of perjury of the facts giving rise to the necessity for the guardianship shall be filed with each petition. The statement shall be in pleading form and marked “Confidential”. It shall be placed in a confidential envelope by the clerk. (7/1/20)

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Executor declination ?

If the person named in the decedent’s will as executor declines to act as such, his written and signed declination to act must be filed with the Court unless evidence is produced that he is incompetent or refuses to act.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Probate order ?

Attorneys or self-represented litigants are to prepare all orders.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Probate order ?

All orders must be prepared so that the general effect may be determined without reference to the petition on which the order is based.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Probate order ?

No order shall merely recite that the petition as presented is granted.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Probate order ?

No additions or deletions are to be made to court orders after they have been signed.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Petition for family allowance ?

If the petitioner is someone other than the personal representative and the petition is not accompanied by either of the following documents signed by the personal representative: (1) Consent to the allowance or (2) Waiver of Notice.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Supplemental accounting

If the reserve amount is $20,000 or more, a supplemental accounting of the reserve must be filed and set for hearing and notice of the hearing must be given in

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Petition for distribution ?

G. An allegation that a notice of administration has been provided to Franchise Tax Board as required by Prob. Code §§1215 and 9202, or that no such notice is required.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Petition for distribution ?

K. An itemization of all costs of administration, whether or not reimbursement is requested.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Petition for distribution ?

If the act required giving notice of proposed action, the notice with proof of service attached shall be filed with the clerk.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Distribution to minor ?

C. If distribution is to a custodian under the California Uniform Transfers to Minors Act (Prob. Code §3900 et seq.), the written notice of acceptance of the office by the custodian as described on Prob. Code §6347 (b).

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Agreement for distribution ?

Either earlier Court approval of the agreement in the guardianship proceeding must be proved in the probate proceeding or a petition for approval of the agreement in both the guardianship proceeding and the probate proceeding must be brought on for hearing at the same time.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Petition for fees in estate matter ?

No request for fees for services of this character shall be included in any petition for fees in an estate matter, and if so included, will be disallowed.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Spousal property petition ?

When the petition involves real property, a copy of a deed demonstrating current title shall be attached as an exhibit in support of the petition.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Petition to succeed to personal residence ?

If the distribution requested in the petition is pursuant to the decedent’s will, a proof of subscribing witness shall be filed in the proceedings.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Petition to succeed to personal residence ?

When the petition involves real property, a copy of a deed demonstrating current title shall be attached as an exhibit in support of the petition.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Petition and order for a proposed transaction ?

The petition and order shall include a request for those findings.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Order and letters of conservatorship ?

Any powers so granted must be set forth at length in the order and in the letters of conservatorship.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Adoption petition ?

Petitioners are responsible for submitting all moving papers, the appropriate fees, and all additional information required, to the investigating agency.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Adoption finalization

Adoptions may not be set for finalization hearing until all of the following have been completed: A. The written consents of both birth parents, if living, have been filed with the Court by the Petitioners or by the adoption agency, or all birth parents’ rights have been terminated and the appeal period has expired on the order terminating parental rights (an exception is required by termination cases filed under Family Code § 8604). Termination of parental rights is required prior to adoption finalization in every case where a living parent does not consent, even if the identity or location of the non- consenting parent is unknown. (7/1/21) B. The adoption agency or investigating agency has filed with the Court its written report to recommend granting or denying the petition, and the agency has also filed with the Court the completed and signed Court Report of Adoption (State Form VS- 44). C. Petitioners have submitted to the adoption clerk an unsigned Consent and Agreement to Adoption; the proposed Decree of Adoption; and a Request for Default or Uncontested Hearing (Stanislaus County Local Form). (7/1/99)

Summary: An adoption cannot be set for finalization until the specified consent or termination requirements, agency filings, and petitioner submissions are completed; the stated Family Code § 8604 exception applies to the termination provision.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Termination of Guardianship Packet ?

PROBATE PKT Termination of Mandatory

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
PR005 Annual Certification of Court Appointed Counsel ?

PROBATE PR005 Annual Certification of Mandatory

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
State Bar form: Transfer of Estate Planning Documents ?

PROBATE State Bar Transfer of Estate Mandatory

Not confirmed. Read the court's wording below.WARNING?

Proposed or draft document; may not be in force

Applies to
Filed document ?

The Court may impose sanctions for violation of these requirements.

Not confirmed. Read the court's wording below.WARNING?

Proposed or draft document; may not be in force

Applies to
Brief ?

No issues other than those set forth in the memorandum of points and authorities will be considered unless the new issues were not reasonably discoverable before the motion was filed or there is other good cause shown.

Not confirmed. Read the court's wording below.WARNING?

Proposed or draft document; may not be in force

Applies to
Letter ?

Such written request set forth good cause why the fifteen (15) page limit needs to be exceeded.

Not confirmed. Read the court's wording below.WARNING?

Proposed or draft document; may not be in force

Applies to
Application to modify criminal protective order ?

The submitting party will provide copies of the application, which shall be placed in the applicable court files.

Not confirmed. Read the court's wording below.WARNING?

Proposed or draft document; may not be in force

Applies to
Oral argument notice ?

If so, the Clerk shall advise all parties in the original notice of oral argument, or in a supplemental notice sent to all parties no later than five (5) days before the date set for oral argument, which shall include the location from which each judge of the Appellate Panel hearing oral argument will participate.

Not confirmed. Read the court's wording below.WARNING?

Proposed or draft document; may not be in force

Applies to
Pretrial statement ?

In this case, counsel should advise the opposing party and the court by a statement in the pre-trial statement that the issue will be raised, and that counsel requests the issue be bifurcated for hearing after the court renders its dissolution judgment. (7/1/20)

Not confirmed. Read the court's wording below.WARNING?

Proposed or draft document; may not be in force

Applies to
Child support attachment

Petitioner should modify the child support attachment to the judgment to so reflect.

Not confirmed. Read the court's wording below.WARNING?

Proposed or draft document; may not be in force

Applies to
Supplemental declaration or prehearing statement ?

If loans exist against any of these funds, the details regarding those loans should be set forth. (7/1/20)

Not confirmed. Read the court's wording below.WARNING?

Proposed or draft document; may not be in force

Applies to
Family allowance order ?

For good cause shown in writing, such orders may be renewed.

Not confirmed. Read the court's wording below.WARNING?

Proposed or draft document; may not be in force

Applies to
Account ?

Market values for assets without a ready market shown on the schedule of estimated market values required pursuant to Prob. Code § 1063(a) should not reflect changes from carry value unless the method of evaluation is fully explained.

We could not find this wording in the court's document. Open the source before relying on it.WARNING?

Proposed or draft document; may not be in force

If there is no reasonable method of valuation that complies with Prob. Code § 1063(a), but there has been a significant event that affects the value of the asset, such as a flood or other damage, the event should be disclosed in footnote to the schedule.

Machine summary

If no reasonable valuation method complies with Probate Code § 1063(a) and a significant event affects an asset’s value, the event should be disclosed in a footnote to the schedule.

Not confirmed. Read the court's wording below.WARNING?

Proposed or draft document; may not be in force

Applies to
Adoption petition submission ?

Petitioners are responsible for submitting all moving papers, the appropriate fees, and all additional information required, to the investigating agency.

Not confirmed. Read the court's wording below.WARNING?

Proposed or draft document; may not be in force

Applies to
Step parent adoption submission ?

Petitioners must also forward all documentation required by the agency

Not confirmed. Read the court's wording below.WARNING?

Civil cases

Applies to
Complaint in construction-related accessibility case subject to supplemental fee ?

Caption must identify the action as subject to the supplemental fee.

Not confirmed. Read the court's wording below.WARNING?

Applies to
Settlement conference statement ?

This rule applies in cases where there exists a current restraining order prohibiting personal contact with the other party and both parties are self-represented.

Not confirmed. Read the court's wording below.WARNING?

Applies to
Child support attachment to judgment ?

Petitioner should modify the child support attachment to the judgment to so reflect.

Not confirmed. Read the court's wording below.WARNING?

Applies to
Community property petition ?

In addition to the allegations required by law, a petition to determine and/or confirm community property should contain as many of the following allegations as are relevant: 1. Date and place of marriage to surviving spouse. 2. Whether or not decedent owned any real or personal property on date of marriage, and if so, descriptions and appropriate values. 3. Decedent's net worth at time of marriage. 4. Whether decedent received any property after date of marriage by gift, bequest, devise, descent, proceeds of life insurance or joint tenancy survivorship, and if so, descriptions, approximate value and date of receipts. 5. Whether any property so received by decedent under (d) above is still a part of this estate, and if so, identification of such property. 6. Date decedent first came to California after marriage. 7. Any additional facts upon which claim of community property is based.

Summary: A community property petition should include each relevant listed allegation in addition to those required by law.

We could not find this wording in the court's document. Open the source before relying on it.WARNING?

If the claim of community property is based on any document, a copy thereof (preferably a copy showing signatures) should be included as an exhibit in support of the petition.

Machine summary

If a community property claim is based on a document, a copy should be included as a petition exhibit, preferably showing signatures.

Not confirmed. Read the court's wording below.WARNING?

Applies to
Account ?

Market values for assets without a ready market shown on the schedule of estimated market values required pursuant to Prob. Code § 1063(a) should not reflect changes from carry value unless the method of evaluation is fully explained.

We could not find this wording in the court's document. Open the source before relying on it.INFO?

Proposed or draft document; may not be in force

A Supplemental Declaration (Local Form FL-019) or Pre-Hearing Statement (Local Form FL-002) can be used for issues not covered within the contents of the Judicial Council Form FL-170.

Machine summary

A Supplemental Declaration or Pre-Hearing Statement may be used for issues not covered by Form FL-170.

Not confirmed. Read the court's wording below.INFO?

Applies to
Proposed judgment ?

The petitioner may request that the Court: award spousal support for either party, terminate the Court's jurisdiction to award spousal support to either or both parties, or reserve the Court's jurisdiction to award spousal support in the future to either or both parties.

We could not find this wording in the court's document. Open the source before relying on it.INFO?

A Supplemental Declaration (Local Form FL-019) or Pre-Hearing Statement (Local Form FL-002) can be used for issues not covered within the contents of the Judicial Council Form FL-170.

Machine summary

A supplemental declaration or pre-hearing statement may be used for issues not covered by Form FL-170.

Common questions about Stanislaus Superior Court document filing requirements

What must be included with report filings in Stanislaus Superior Court?

The rule identifies required filing content or certificates. The report accompanying the mailed schedule must state how the revised schedule differs from the applicable Judicial Council uniform schedule.

View ruleOfficial source Source: page 2, section Rule 4.102. UNIFORM BAIL AND PENALTY SCHEDULES

3 more rules answer this question in the list above.

What must be included with remote appearance request filings in Stanislaus Superior Court?

The rule requires proposed order. A request for remote appearance must include a proposed Order Regarding Remote Appearance submitted to the Court.

View ruleOfficial source Source: page 42, section 3.11.1 Remote and In Person Appearances in Civil Matters

What must be included with petition filings in Stanislaus Superior Court?

The rule identifies required filing content or certificates. A prerogative writ proceeding begins with a verified petition.

View ruleOfficial source Source: page 47, section 3.15 Prerogative Writs

4 more rules answer this question in the list above.

What must be included with comfort animal motion filings in Stanislaus Superior Court?

The rule identifies required filing content or certificates. A request to allow a comfort animal to support a witness must be made by written motion supported by declarations describing the need for the animal, the animal, and its training and ability to remain quiet and in one position.

View ruleOfficial source Source: page 19, section 1.13 Comfort and Services Animals

What must be included with cover sheet filings in Stanislaus Superior Court?

The rule identifies required filing content or certificates. An electronically filed cover sheet must identify the lodged or sealed documents.

View ruleOfficial source Source: page 23, section F

What must be included with complaint or petition and notice of case management conference filings in Stanislaus Superior Court?

The rule identifies required filing content or certificates. At initial filing or receipt, the Clerk’s Office must affix the specified assignment notice to the complaint or petition and notice of case management conference.

View ruleOfficial source Source: page 27, section 3.00.1 Direct Calendaring of Most Civil Cases