California Rules of Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Page & Word Limits1 rule
If simplified accounting schedules A or C exceed 5 pages, standard forms must be used for those schedules.
If the requirements in (1) are met, but either Schedule A, Receipts—Simplified Account (form GC-405(A)) or Schedule C, Disbursements—Simplified Account (form GC-405(C)) would be longer than five pages, the fiduciary must use the standard receipt forms—forms GC-400(A)(1)–(6)—or the standard disbursement forms—forms GC-400(C)(1)–(11)—as applicable, but may otherwise file a simplified accounting.
Schedule A Receipts Simplified Account
5 pages
Applies to: Attorney
Schedule C Disbursements Simplified Account
5 pages
Applies to: Attorney
Document Format Requirements25 rules
Electronically filed documents must use a court-specified format unless that format cannot be created.
A document that is filed electronically with the court must be in a format specified by the court unless it cannot be created in that format.
Mandatory Judicial Council forms must be used for petitions, orders, and other documents where adopted.
If a petition, an order, or another document to be submitted to the court is one for which the Judicial Council has adopted a mandatory form, that form must be used. Except as provided in this rule, if the Judicial Council has adopted a mandatory form in more than one alternative version, one of the alternative versions must be used. If that form is inadequate in a particular situation, an addendum may be attached to it.
Creditor claim allowances or rejections must be in writing.
Allow or reject in whole or in part the claim in writing;
Simplified accountings must use GC-405(A) and GC-405(C) schedules unless standard forms are required.
Schedule A, Receipts—Simplified Account (form GC-405(A)) and Schedule C, Disbursements—Simplified Account (form GC-405(C)) must be used in all simplified accountings unless (d)(2) requires use of the standard forms for Schedule A or Schedule C.
The Summary of Account form GC-400(SUM)/GC-405(SUM) must be used in all accountings.
The Summary of Account—Standard and Simplified Accounts (form GC-400(SUM)/GC-405(SUM)) must be used in all accountings.
Fiduciaries filing standard accountings without Judicial Council forms must follow specified formatting and content requirements.
Except for the Summary of Account, all standard accounting forms are optional. A fiduciary who files a standard accounting and elects not to use the Judicial Council forms must: (A) Report receipts and disbursements in the subject-matter categories specified on the Judicial Council standard accounting forms for receipts and disbursements schedules; (B) Provide the same information about any asset, property, transaction, receipt, disbursement, or other matter that is required on the applicable Judicial Council standard accounting form; and (C) Provide the information in the same general format as that of the applicable Judicial Council standard accounting form, except that instructional material and material contained or requested in the form’s header and footer may be omitted.
Post-move notice of residence change must use Judicial Council form GC-080.
(2) The Post-Move Notice of Change of Residence of Conservatee or Ward (form GC-080) must be used for the post-move notice required under (c) and Probate Code section 2352(e)(1) and (2). The guardian, the guardian’s attorney, or an employee of the attorney may complete the mailing and sign the proof of mailing on page 2 of the form.
Pre-move notice of residence change must use Judicial Council form GC-079; emergency short notice must state basis.
(1) The Pre-Move Notice of Proposed Change of Personal Residence of Conservatee or Ward (form GC-079) must be used for the pre-move notice required under (a) and Probate Code section 2352(e)(3). The guardian, the guardian’s attorney, or an employee of the attorney may complete the mailing and sign the proof of mailing on page 2 of the form. If the notice is mailed less than 15 days before the date of the move because an emergency requires a shorter period of notice, the basis for the emergency must be stated in the notice.
Requests for SIJ findings must be verified petitions with separate petitions for each minor.
A request for findings under this rule must be made by verified petition. A separate request must be filed for each minor seeking SIJ findings.
Concurrent requests for findings and guardianship petitions must be separate, not attachments.
A request for findings under this rule by or on behalf of a minor filed concurrently with a petition for the appointment of a guardian of the person or for extension of a guardianship of the person past the 18th birthday of the minor must be prepared and filed as a separate petition, not as an attachment to the petition for appointment.
Conservator appointment petitioners (except banks) must submit GC-312; proposed conservators (except banks/public guardians) must submit GC-314.
Each petitioner, unless the petitioner is a bank or other entity entitled to conduct the business of a trust company, must submit to the court with the petition for appointment of conservator a completed Confidential Supplemental Information statement (form GC-312). In addition, each proposed conservator, except a bank or other entity entitled to conduct the business of a trust company, or a public guardian, must submit a completed Confidential Conservator Screening Form (form GC-314).
Pre-move notices must use form GC-079; post-move notices must use form GC-080.
(1) The Pre-Move Notice of Proposed Change of Personal Residence of Conservatee or Ward (form GC-079) must be used for the pre-move notice required under (a) and Probate Code section 2352(e)(3). The conservator, the conservator’s attorney, or an employee of the attorney may complete the mailing and sign the Proof of Mailing on page 2 of the form. If the notice is mailed less than 15 days before the date of the move because an emergency requires a shorter period of notice, the basis for the emergency must be stated in the notice. (2) The Post-Move Notice of Change of Residence of Conservatee or Ward (form GC-080) must be used for the post-move notice required under (c) and Probate Code section 2352(e)(1) and (2). The conservator, the conservator’s attorney, or an employee of the attorney may complete the mailing and sign the Proof of Mailing on page 2 of the form.
E-filed documents must be text searchable when technologically feasible, without impairing the document's image.
The document must be text searchable when technologically feasible without impairment of the document's image.
The software needed to create and read the court's e-filing format must be in the public domain or available at a reasonable cost.
The software for creating and reading documents must be in the public domain or generally available at a reasonable cost.
Printing e-filed documents must not cause any loss of text, format, or appearance.
The printing of documents must not result in the loss of document text, format, or appearance.
Self-drafted court papers must be in the right format and comply with the California Rules of Court beginning at rule 2.100.
If there isn’t a form for what you need to do, you will need to write your own court papers, in the right format and follow the court's rules. The California Rules of Court, starting with rule 2.100 ↗️, tell you what is required for any documents you file with the court.
Paper exhibits must be separated by hardened separator sheets with tabs extending below the page, each marked with the exhibit designation.
Each paper exhibit must be separated by a hard 81/2 x 11 sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation.
Electronic exhibits must comply with rule 2.256(b) and, unless filed by a self-represented party, must include electronic bookmarks linked to the first page of each exhibit with titles identifying and describing the exhibit.
Electronic exhibits must meet the requirements in rule 2.256(b). Unless they are submitted by a self-represented party, electronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit.
All documents must be consecutively paginated using Arabic numerals beginning at the first page; the page number may be omitted on the first page.
Documents must be consecutively paginated. The page numbering must begin with the first page and use only Arabic numerals (e.g., 1, 2, 3). The page number may be suppressed and need not appear on the first page.
Paper-filed motions must have all pages and exhibits attached at the top in a way that lets pages turn easily and be read in full.
For motions filed on paper, all pages of each document and exhibit must be attached together at the top by a method that permits pages to be easily turned and the entire content of each page to be read.
When an electronically filed document cannot comply with a formatting rule elsewhere in the California Rules of Court, the e-filing rules in this chapter take precedence.
If a document is filed electronically under the rules in this chapter and cannot be formatted to be consistent with a formatting rule elsewhere in the California Rules of Court, the rules in this chapter prevail.
Forms filled out by pen must use blue or black ink and clear printing.
If you use a pen, use blue or black ink and print clearly.
Form GC-330 is optional unless local rule requires it; must be prepared only by court.
Order Appointing Court Investigator (form GC-330) is an optional form within the meaning of rule 1.35 of these rules, except as follows: (1) A court may, by local rule, require that form GC-330 be used for orders appointing court investigators and directing them to conduct all or any of the investigations described in the form and to prepare, file, and deliver copies of reports concerning those investigations. Form GC-330 must be prepared only by the court. (2) A court may, by local rule, require that a general order, a court-prepared order, or a local form order instead of form GC-330 be used to appoint and direct the actions of court investigators concerning all or any of the investigations and reports described in form GC-330.
Form GC-331 is optional unless local rule requires it; must be prepared only by court.
Order Appointing Court Investigator (Review and Successor Conservator Investigations) (form GC-331) is an optional form within the meaning of rule 1.35 of these rules, except as follows: (1) A court may, by local rule, require that form GC-331 be used for orders appointing court investigators and directing them to conduct all or any of the review investigations under Probate Code sections 1850 or 1850.5 and 1851 or investigations concerning the appointment of successor conservators under Probate Code sections 2684 and 2686 described in the form and to prepare, file, and deliver copies of reports concerning those investigations. Form GC-331 must be prepared only by the court. (2) A court may, by local rule, require that a general order, a court-prepared order, or a local form order instead of form GC-331 be used to appoint and direct the actions of court investigators concerning all or any of the investigations and reports described in form GC-331.
Judicial Council forms are exempt from the general format requirements of rule 2.100.
Judicial Council forms are not subject to the requirements of rules 2.100, which specify the format of papers filed in the superior courts.
Document Filing Requirements83 rules
After the five-day approval period expires, the prevailing party must promptly give the court the proposed order together with a summary of any responses received (or a statement that none were received).
The prevailing party must, upon expiration of the five-day period provided for approval, promptly transmit the proposed order to the court together with a summary of any responses of the other parties or a statement that no responses were received.
Document Type
Proposed Order
Foreign-language exhibits must be accompanied by an English translation certified under oath by a qualified interpreter.
Exhibits written in a foreign language must be accompanied by an English text translation, certified under oath by a qualified interpreter.
Document Type
Exhibits
Exhibits must be accompanied by an index that briefly describes each exhibit and identifies its number or letter and page number.
An index of exhibits must be provided. The index must briefly describe the exhibit and identify the exhibit number or letter and page number.
Document Type
Exhibits
The first page of each paper must state, immediately below the case number, the hearing date/time/location and hearing judge (if ascertainable), the title of any attached document, the filing date, and the trial date if set.
The first page of each paper must specify immediately below the number of the case: (1) The date, time, and location, if ascertainable, of any scheduled hearing and the name of the hearing judge, if ascertainable; (2) The nature or title of any attached document other than an exhibit; (3) The date of filing of the action; and (4) The trial date, if set.
Document Type
Paper
Notices of motion must state, in the opening paragraph, the nature of the order sought and the grounds for obtaining it.
A notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order.
Document Type
Notice Of Motion
Fee waiver applications for conservators/guardians must use mandatory forms FW-001-GC or FW-002-GC.
Conservators, guardians, and petitioners for their appointment applying for initial fee waivers under this rule represented by legal counsel, and their counsel, must complete the Request to Waive Court Fees (Ward or Conservatee) (form FW-001-GC), including items 2a and 2b, and, if a request to waive additional court fees is made, the Request to Waive Additional Court Fees (Superior Court) (Ward or Conservatee) (form FW-002-GC), including items 2a and 2b.
Document Type
Fee Waiver Application
Notice of hearing must state the complete title of the related pleading.
Rule 7.50. Description of pleading in notice of hearing state the complete title of the pleading to which the notice relates.
Document Type
Notice Of Hearing
Petitioner must file declaration of diligent search for persons with unknown addresses before court alters notice requirements.
Petitioner must file a declaration describing efforts made to locate a person entitled to notice in a proceeding under the Probate Code, but whose address is unknown, before the court will prescribe an alternate form of notice or dispense with notice under (c). The declaration must state the name of the person whose address is unknown, the last known address of the person, the approximate date when the person was last known to reside there, the efforts made to locate the person, and any facts that explain why the person’s address cannot be obtained.
Document Type
Declaration Of Diligent Search
Titles of pleadings must clearly identify the relief sought or granted.
The title of each pleading and of each proposed order must clearly and completely identify the nature of the relief sought or granted.
Document Type
Pleading
All probate pleadings must be signed by joining parties and verified, with exceptions for attorney signing.
(a) Signature of parties A pleading must be in writing and must be signed by all persons joining in it. (b) Verification by parties All pleadings filed in proceedings under the Probate Code must be verified. If two or more persons join in a pleading, it may be verified by any of them. (c) Signature and verification by attorney If a person is absent from the county where his or her attorney’s office is located, or for some other cause is unable to sign or verify a pleading, the attorney may sign or verify it, unless the person is, or is seeking to become, a fiduciary appointed in the proceeding.
Document Type
Pleading
Personal representatives must file acknowledgment of receipt of duties form DE-147 before letters are issued.
Before the court issues letters, each personal representative of a decedent’s estate (other than a company authorized to conduct a trust business in California) must execute and file an acknowledgment of receipt of Duties and Liabilities of Personal Representative (form DE-147).
Document Type
Acknowledgment Of Receipt
Personal representatives/guardians/conservators must immediately make ex parte application to increase bond when facts require.
Immediately upon the occurrence of facts making it necessary or appropriate to increase the amount of the bond, the personal representative, or the guardian or conservator of the estate, must make an ex parte application for an order increasing the bond.
Document Type
Ex Parte Application
Accountings, reports, and distribution petitions must list and describe all IAEA actions without prior approval, including specified details.
In any accounting, report, petition for preliminary distribution, or petition for final distribution, the petitioner must list and describe all actions taken without prior court approval under the Independent Administration of Estates Act (IAEA) if notice of the proposed action was required. The description of the action must include the following: (1) The nature of the action; (2) When the action was taken; (3) A statement of when and to whom notice was given; (4) Whether notice was waived, and if so, by whom; and (5) Whether any objections were received.
Document Type
Accounting Report Petition For Preliminary Distribution Petition For Final Distribution
A copy of the creditor claim allowance or rejection must be filed with the court with proof of service.
File a copy of the allowance or rejection with proof of service with the court.
Document Type
Allowance Or Rejection Of Creditor Claim
Final reports or petitions for final distribution must state specified details for each creditor claim presented.
For each claim presented, the personal representative must state in the final report or petition for final distribution: (1) The claimant’s name; (2) The date of filing of the claim; (3) The nature of the claim; (4) The amount claimed; (5) The disposition of the claim; and (6) If the claim was rejected, the date of service of the rejection and whether or not a lawsuit was filed.
Document Type
Final Report Or Petition For Final Distribution
Petitions for approval of exclusive listings must include specified property, broker, agreement, and necessity details.
A petition for approval of an exclusive listing under Probate Code section 10150(c) must state the following: (1) A description of the property to be sold; (2) The name of the broker to be employed; (3) A summary of the terms of the exclusive listing agreement or include a copy of the listing agreement; and (4) A detailed statement of the facts supporting the “necessity and the advantage” to the estate of having the exclusive listing.
Document Type
Petition For Approval Of Exclusive Listing
Ex parte applications to sell/surrender personal property must state if property is specifically devised; consent required if so.
An ex parte application for authority to sell or to surrender tangible or intangible personal property must state whether or not the property is specifically devised. If it is specifically devised, the written consent of the specific devisee to the sale or surrender must be filed.
Document Type
Ex Parte Application For Authority To Sell Or Surrender Personal Property
Inventory and Appraisal documents must include a specified statement regarding bond filing status and sufficiency.
Every Inventory and Appraisal must contain one of the following statements: (1) “Bond has not been filed”; (2) “Bond has been filed in the amount of $ (specify amount) and is insufficient”; or (3) “Bond has been filed in the amount of $ (specify amount) and is sufficient.”
Document Type
Inventory And Appraisal
The bond status statement in Inventory and Appraisal must be signed by the fiduciary’s attorney of record or the fiduciary if unrepresented.
The statement required by (a) must be signed by the attorney of record for each fiduciary who has an attorney of record and by each fiduciary who does not.
Document Type
Inventory And Appraisal
Reports filed when an account is waived must include specified information about creditors, assets, estate status, and fees.
The report required when an account has been waived must list the information required by law, including information as to: (1) Creditors’ claims; (2) Sales, purchases, or exchanges of assets; (3) Changes in the form of assets; (4) Assets on hand; (5) Whether the estate is solvent; (6) Detailed schedules of receipts and gains or losses on sale (where an amount other than the amount of the Inventory and Appraisal is used as a basis for calculating fees or commissions); (7) Costs of administration (if reimbursement of these costs is requested); (8) The amount of any fees or commissions paid or to be paid; (9) The calculation of such fees or commissions as described in rule 7.705; and
Document Type
Report When Account Waived
All accountings filed with the court must include specified information from Probate Code sections and Judicial Council forms.
Notwithstanding any other provision of this rule or the Judicial Council accounting forms, each accounting filed with the court must include: (1) All information required by Probate Code section 1061 in the Summary of Account—Standard and Simplified Accounts (form GC-400(SUM)/GC-405(SUM)); (2) All information required by Probate Code sections 1062–1063 in the supporting schedules; and (3) All information required by Probate Code section 1064 in the petition for approval of the accounting or the report accompanying the petition.
Document Type
Accounting Filed With Court
Accountings filed with the court must include supporting documents, including original or verified electronic account statements.
Each accounting filed with the court must include the supporting documents, including all account statements, specified in Probate Code section 2620(c). (1) An account statement includes: (A) An original account statement; or (B) A verified electronic statement.
Document Type
Accounting Filed With Court
Conservators whose administration terminates must file and obtain court approval of a final account.
A conservator of the estate whose administration is terminated for any reason, including removal, resignation, or termination of the conservatorship, must file and obtain the court’s approval of a final account of the administration.
Document Type
Final Account Of Conservator
Requests to waive accounting for conservatees/wards with a personal residence must include specified property-related documents.
If the conservatee or ward owns a personal residence, the request for an order waiving the accounting must include, in addition to the information needed to verify that all the conditions in section 2628(a) are met, the following information and documents regarding the personal residence: (1) The street address of the residence; (2) A true copy of the most recent residential property tax bill; (3) A true copy of the declarations page from the homeowner’s insurance policy covering the residence; (4) A true copy of the most recent statement for any mortgage or loan secured by the residence; and (5) A true copy of the most recent fee or dues statement for any homeowners’ association or similar association.
Document Type
Request For Order Waiving Accounting
Petitions for distribution must include full property descriptions with specified details for cash, notes, real property, and securities.
The description of property to be distributed must be set forth in full in the petition for distribution, in the body of the petition or in an attachment that is incorporated in the petition by reference. If an account is filed with the petition, the description must be included in a schedule in the account. (b) Specific description requirements (1) Include the amount of cash on hand; (2) Indicate whether promissory notes are secured or unsecured, and describe in detail the security interest of any secured notes; (3) Include the complete legal description, street address (if any), and assessor’s parcel number (if any) of real property; and (4) Include the complete description of each individual security held in “street name” in security brokers’ accounts.
Document Type
Petition For Distribution
Petitions for distribution must allege property character details and show surviving spouse election filing date if distributing to spouse.
If the character of property to be distributed may affect the distribution, a petition for distribution must allege: (1) The character of the property to be distributed, whether separate, community, or quasi-community; and (2) That the community or quasi-community property to be distributed is either the decedent’s one-half interest only, or the entire interest of the decedent and the decedent’s spouse. (b) Compliance with Probate Code section 13502 If any property is to be distributed outright to the surviving spouse, a written election by the surviving spouse that complies with Probate Code section 13502 must have been filed, and the petition must show the filing date of the election.
Document Type
Petition For Distribution
Petitions for extraordinary compensation must include a statement of facts with specified details about services, costs, and benefits.
A petition for extraordinary compensation must include, or be accompanied by, a statement of the facts upon which the petition is based. The statement of facts must: (1) Show the nature and difficulty of the tasks performed; (2) Show the results achieved; (3) Show the benefit of the services to the estate; (4) Specify the amount requested for each category of service performed; (5) State the hourly rate of each person who performed services and the hours spent by each of them; (6) Describe the services rendered in sufficient detail to demonstrate the productivity of the time spent; and (7) State the estimated amount of statutory compensation to be paid by the estate, if the petition is not part of a final account or report.
Document Type
Petition For Extraordinary Compensation
Petitions for statutory commissions or attorney fees must state the amount payable and include the calculation in the prescribed form.
A petition for statutory commissions or attorney fees must state the amount of statutory compensation payable and set forth the estate accounted for and the calculation of statutory compensation. The calculation must be stated in the petition in substantially the following form: [prescribed form]
Document Type
Petition For Statutory Commissions Or Attorney Fees
Trustee’s accounts must state the period covered by the account.
A trustee’s account must state the period covered by the account.
Document Type
Trustee Account
Trust petitions and accounts must state names/addresses of all vested/contingent beneficiaries, with exceptions for revocable trusts and certain beneficiaries.
A petition and account involving a trust must state the names and last known addresses of all vested or contingent beneficiaries, including all persons in being who may or will receive income or corpus of the trust, provided, however, that (1) during the time that the trust is revocable and the person holding the power to revoke the trust is competent, the names and last known addresses of beneficiaries who do not hold the power to revoke do not need to be stated, and (2) the petition or account does not need to state the name and last known address of any beneficiary who need not be given notice under Probate Code section 15804.
Document Type
Trust Petition And Account
Petitions for approval of minor/disabled person claim compromises must be verified, include full disclosure, and use form MC-350 (except per rule 7.950.5).
A petition for court approval of a compromise of, or a covenant not to sue or enforce judgment on, a minor’s disputed claim; a compromise or settlement of a pending action or proceeding to which a minor or person with a disability is a party; or the disposition of the proceeds of a judgment for a minor or person with a disability under Probate Code sections 3500 and 3600–3613 or Code of Civil Procedure section 372 must be verified by the petitioner and must contain a full disclosure of all information that has any bearing upon the reasonableness of the compromise, covenant, settlement, or disposition. Except as provided in rule 7.950.5, the petition must be submitted on a completed Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability (form MC-350).
Document Type
Petition For Approval Of Compromise
Petitions for claim compromise must disclose attorney details, involvement, fees, and fee agreements if the petitioner was represented/assisted by an attorney.
If the petitioner has been represented or assisted by an attorney in preparing the petition for approval of the compromise of the claim or in any other respect with regard to the claim, the petition must disclose the following information: (1) The name, state bar number, law firm, if any, and business address of the attorney; (2) Whether the attorney became involved with the petition, directly or indirectly, at the instance of any party against whom the claim is asserted or of any party’s insurance carrier; (3) Whether the attorney represents or is employed by any other party or any insurance carrier involved in the matter; (4) Whether the attorney has received any attorney’s fees or other compensation for services provided in connection with the claim giving rise to the petition or with the preparation of the petition, and, if so, the amounts and the identity of the person who paid the fees or other compensation; (5) If the attorney has not received any attorney’s fees or other compensation for services provided in connection with the claim giving rise to the petition or with the preparation of the petition, whether the attorney expects to receive any fees or other compensation for these services, and, if so, the amounts and the identity of the person who is expected to pay the fees or other compensation; and (6) The terms of any agreement between the petitioner and the attorney.
Document Type
Petition For Approval Of Compromise
Orders for deposit of minor/disabled person funds must include provisions for delivering copy to financial institution and filing receipt with court.
In any case in which the court orders that funds to be received by a minor or a person with a disability must be deposited in a financial institution and not disbursed without further order of the court, the order must include a provision that a certified or filed endorsed copy of the order must be delivered to a manager at the financial institution where the funds are to be deposited, and that a receipt from the financial institution must be promptly filed with the court, acknowledging receipt of both the funds deposited and the order for deposit of funds.
Document Type
Order For Deposit Of Funds
Petitions for withdrawal of minor/disabled person funds must be verified and include depository identity, withdrawal history, balance, and justification.
A petition for the withdrawal of funds deposited for a minor or a person with a disability must be verified and must include the identity of the depository, a showing of the amounts previously withdrawn, a statement of the balance on deposit at the time of the filing of the petition, and a justification for the withdrawal.
Document Type
Petition For Withdrawal Of Funds
Petitions for attorney’s fees under Probate Code 3600–3601 must include a declaration addressing applicable factors from rule 7.955(b).
must include a declaration from the attorney that addresses the factors listed in (b) that are applicable to the matter before the court.
Document Type
Petition For Attorneys Fees
Proposed guardians (excluding public guardians, banks, trust companies) must submit form GC-212 with petition for appointment.
Each proposed probate guardian, except a public guardian, or a bank or other entity entitled to conduct the business of a trust company, must submit to the court with the petition for appointment of guardian a completed Confidential Guardian Screening Form (form GC-212).
Document Type
Petition For Appointment Of Guardian
Guardians must execute and file form GC-248 before the court issues letters.
Before the court issues letters, each guardian must execute and file an acknowledgment of receipt of the Duties of Guardian (form GC-248).
Document Type
Acknowledgment Of Duties Of Guardian
Requests for good cause exception to temporary guardianship notice (using form GC-110) must be written, separate from the petition, and include a proposed order and case caption.
(1) When the temporary guardianship petition is prepared on the Petition for Appointment of Temporary Guardian (form GC-110), a request for a good cause exception to the notice requirement of section 2250(e) must be in writing, separate from the petition for appointment of a temporary guardian, and must include: (A) An application containing the case caption and stating the relief requested; (B) An affirmative factual showing in support of the application in a declaration under penalty of perjury containing competent testimony based on personal knowledge; (C) A declaration under penalty of perjury based on personal knowledge containing the information required for an ex parte application under rule 3.1204(b); and (D) A proposed order.
Document Type
Request For Good Cause Exception To Notice
Petitions for appointment of guardian/conservator of person must include completed ICWA-010(A) form attachment if Indian child status is possible.
(2) Before filing a petition for appointment of a guardian or conservator of the person, the petitioner must ask the child who is the subject of the proceeding, if the child is old enough, the parents, any Indian custodian or previously appointed guardian of the person, and available extended family members, as child whether the child is or may be an Indian child, complete Indian Child Inquiry Attachment (form ICWA-010(A)), and attach that form to the petition.
Document Type
Petition For Appointment Of Guardian
Good cause exception requests to temporary conservator notice must be separate writing with caption, declarations, and proposed order.
A request for a good cause exception to the notice requirement of section 2250(e) must be in writing, separate from the petition for appointment of a temporary conservator, and must include: (1) An application containing the case caption and stating the relief requested; (2) An affirmative factual showing in support of the application in a declaration under penalty of perjury containing competent testimony based on personal knowledge; (3) A declaration under penalty of perjury based on personal knowledge containing the information required for an ex parte application under rule 3.1204(b); and (4) A proposed order.
Document Type
Request For Good Cause Exception To Notice
Motions to seal records under section 5976.5(e) must specify the records they apply to.
A motion to seal records under section 5976.5(e) must specify the records to which it applies.
Document Type
Motion To Seal
Orders granting motions to seal under section 5976.5(e) must state if non-court persons may inspect the sealed record.
The order must state whether any person other than the court is authorized to inspect the sealed record.
Document Type
Order Granting Motion To Seal
CARE Act commencement petitions must use form CARE-100 and include either form CARE-101 or specified evidence.
A petition to commence CARE Act proceedings must be made on Petition to Commence CARE Act Proceedings (form CARE-100). The petition must include either: (1) A completed Mental Health Declaration—CARE Act Proceedings (form CARE-101); or (2) The evidence described in section 5975(d)(2).
Document Type
Petition To Commence CARE Act Proceedings
An order to show cause must be used when a temporary restraining order is sought or when the responding party has not appeared.
An OSC must be used when a temporary restraining order (TRO) is sought, or if the party against whom the preliminary injunction is sought has not appeared in the action.
Document Type
Osc
Filing & Service rules
Electronic Filing Rules
In e-filing cases, proposed orders must be submitted in two versions: a PDF with the EFS-020 cover sheet filed electronically, and an editable word-processing version emailed to the court and all parties.
If a proposed order is submitted to the court electronically in a case in which the parties are electronically filing documents under rules 2.250-2.261, two versions of the proposed order must be submitted: (1) A version of the proposed order must be attached to a completed Proposed Order (Cover Sheet) (form EFS-020), and the combined document in Portable Document Format (PDF) must be filed electronically; and (2) A version of the proposed order in an editable word-processing format must also be sent electronically to the court, with a copy of the e-mail and proposed order also being sent to all parties in the action.
Page 1 | Rule 3.1312(c)
Electronic filers must take reasonable steps to keep filings free of computer code, including viruses, that could harm the court's e-filing system or its users.
Take all reasonable steps to ensure that the filing does not contain computer code, including viruses, that might be harmful to the court's electronic filing system and to other users of that system.
Page 1 | Rule 2.256(a)(3)
Electronic filers must furnish the information the court requires for case processing.
Furnish information the court requires for case processing.
Page 1 | Rule 2.256(a)(2)
Electronic filers must comply with court requirements that ensure the integrity of electronic filing and protect sensitive personal information.
Comply with any court requirements designed to ensure the integrity of electronic filing and to protect sensitive personal information.
Page 1 | Rule 2.256(a)(1)
Papers filed electronically in the trial courts must comply with the form and format requirements set out in rule 2.256(b).
Papers that are submitted or filed electronically must meet the requirements in rule 2.256(b).
Page 1 | Rule 2.100
Electronic filing and service rules for contested civil proceedings apply equally to contested probate proceedings.
The provisions of Code of Civil Procedure section 1010.6 and rules 2.250–2.261 of the California Rules of Court concerning filing and service by electronic means apply to contested proceedings under the Probate Code and the Probate Rules to the same extent as they apply to other contested civil proceedings in each superior court in this state.
Page 43
A court may order all parties in class, consolidated, coordinated, or complex actions to file all documents electronically, provided the order would not cause undue hardship or significant prejudice.
If a court has adopted local rules for permissive electronic filing, then the court may, on the motion of any party or on its own motion, provided that the order would not cause undue hardship or significant prejudice to any party, order all parties in any class action, a consolidated action, a group of actions, a coordinated action, or an action that is complex under rule 3.403 to file all documents electronically.
Page 1 | Rule 2.253(c)(1)
A court may require parties to electronically file documents in civil actions by local rule, directly with the court and/or through approved electronic filing service providers.
A court may require parties by local rule to electronically file documents in civil actions directly with the court, or directly with the court and through one or more approved electronic filing service providers, or through more than one approved electronic filing service provider, subject to the conditions in Code of Civil Procedure section 1010.6, the rules in this chapter, and the following conditions:
Page 1 | Rule 2.253(b)
Electronic filing service providers and electronic filing managers must promptly transmit filings, applicable fees, and consent-to-electronic-service acknowledgments to the court directly or through the court's electronic filing manager.
An electronic filing service provider must promptly transmit any electronic filing, any applicable filing fee, and any applicable acceptance of consent to receive electronic service to the court directly or through the court's electronic filing manager. An electronic filing manager must promptly transmit an electronic filing, any applicable filing fee, and any applicable acceptance of consent to receive electronic service to the court.
Page 1 | Rule 2.255(c)(1)-(2)
In mixed civil cases, represented parties may be required to file and serve electronically while self-represented parties file, serve, and are served by non-electronic means unless they affirmatively agree otherwise.
In civil cases involving both represented and self-represented parties or other persons, represented parties or other persons may be required to file and serve documents electronically; however, in these cases, each self-represented party or other person is to file, serve, and be served with documents by non-electronic means unless the self-represented party or other person affirmatively agrees otherwise.
Page 1 | Rule 2.253(b)(3)
Self-represented parties are exempt from mandatory electronic filing and service requirements.
Self-represented parties or other self-represented persons are exempt from any mandatory electronic filing and service requirements adopted by courts under this rule and Code of Civil Procedure section 1010.6.
Page 1 | Rule 2.253(b)(2)
Parties required to file electronically must be excused upon a showing of undue hardship or significant prejudice, and courts must provide a process for relief and a procedure for conventional filing.
A party or other person that is required to file and serve documents electronically must be excused from the requirements if the party or other person shows undue hardship or significant prejudice. A court requiring the electronic filing and service of documents must have a process for parties or other persons, including represented parties or other represented persons, to apply for relief and a procedure for parties or other persons excused from filing documents electronically to file them by conventional means.
Page 1 | Rule 2.253(b)(4)
Local child support agencies may maintain original signed pleadings as electronic copies in the statewide automated child support system and may destroy the paper original.
Notwithstanding (A)-(C), local child support agencies may maintain original, signed pleadings by way of an electronic copy in the statewide automated child support system and must maintain them only for the period of time stated in Government Code section 68152(a). If the local child support agency maintains an electronic copy of the original, signed pleading in the statewide automated child support system, it may destroy the paper original.
Page 1 | (b) Documents signed under penalty of perjury
The court's contracted electronic filing system or in-house system must accept filings submitted through other compatible electronic filing service providers.
If the court contracts with an electronic service provider or the court has an in-house system, the provider or system must accept filing from other electronic filing service providers to the extent the provider or system is compatible with them.
Page 1 | Rule 2.255(a)(4)
A court that contracts with an electronic filing service provider may require electronic filers to transmit their documents to that provider for filing.
If the court contracts with an electronic filing service provider, it may require electronic filers to transmit the documents to the provider.
Page 1 | Rule 2.255(a)(1)-(2)
When a summons is issued in lieu of an arrest warrant, the court may transmit the summons electronically to the prosecutor or person authorized to serve it.
When a summons is issued in lieu of an arrest warrant, the court may transmit the summons electronically to the prosecutor or person authorized to serve the summons in accordance with this subdivision and Penal Code sections 690.5, 813, and 816a.
Page 1 | Issuance of electronic summons
On electronic filing of a complaint, petition, or other summons-served document in a civil action, the court may transmit a summons electronically to the electronic filer.
On the electronic filing of a complaint, a petition, or another document that must be served with a summons in a civil action, the court may transmit a summons electronically to the electronic filer in accordance with this subdivision and Code of Civil Procedure section 1010.6.
Page 1 | Issuance of electronic summons
On electronic filing of an accusatory pleading against a corporation, the court may transmit a summons electronically to the prosecutor.
On the electronic filing of an accusatory pleading against a corporation, the court may transmit a summons electronically to the prosecutor in accordance with this subdivision and Penal Code sections 690.5, 1390, and 1391.
Page 1 | Issuance of electronic summons
The rules in this chapter are construed to authorize and permit electronic filing and service to the extent feasible.
The rules in this chapter must be construed to authorize and permit filing and service by electronic means to the extent feasible.
Page 1 | Construction of rules
Parties may file computer-produced duplicates of Judicial Council forms.
A party may file a "duplicate" of a council form produced entirely by computer (rule 1.44).
Page 1 | Using Forms
Proposed orders may be e-filed in accordance with rule 3.1312.
Proposed orders may be filed and submitted electronically as provided in rule 3.1312.
Page 1 | (h) Proposed orders
Courts may accept paper filings when a party cannot feasibly convert a document to electronic form.
When it is not feasible for a party or other person to convert a document to electronic form by scanning, imaging, or another means, a court may allow that party or other person to file the document in paper form.
Page 1 | (d) Filing in paper form
Courts may authorize electronic filing of documents in proceedings under the specified statutes and chapter rules.
A court may provide for electronic filing of documents in actions and proceedings as provided under Code of Civil Procedure section 1010.6, Penal Code section 690.5, and the rules in this chapter.
Page 1 | (a) In general
In original-document cases, filers may e-file a copy if the original is filed within 10 calendar days.
In a proceeding that requires the filing of an original document, an electronic filer may file an electronic copy of a document if the original document is then filed with the court within 10 calendar days.
Page 1 | (e) Original documents
Courts may implement e-filing through direct filing, approved electronic filing service providers, or a combination of both.
Except as otherwise provided by law, a court in the Code of Civil Procedure may provide for the electronic filing of documents directly with the court, indirectly through one or more approved electronic filing service providers, or through a combination of direct and indirect means.
Page 1 | (b) Direct and indirect electronic filing
Courts must accept electronic filing of fee waiver applications whenever they accept e-filings.
The court must permit electronic filing of an application for waiver of court fees and costs in any proceeding in which the court accepts electronic filings.
Page 1 | (f) Application for waiver of court fees and costs
The court may e-file documents it prepares, including notices, orders, minute orders, and judgments.
The court may electronically file any notice, order, minute order, judgment, or other document prepared by the court.
Page 1 | (g) Orders and judgments
A court instituting mandatory electronic filing must specify the types or categories of civil actions subject to it.
The court must specify the types or categories of civil actions in which parties or other persons are required to file and serve documents electronically.
Page 1 | Rule 2.253(b)(1)
A court may permit parties to file documents electronically by local rule in any type of case.
A court may permit parties by local rule to file documents electronically in any types of cases, subject to the conditions in Code of Civil Procedure section 1010.6, Penal Code section 690.5, and the rules in this chapter.
Page 1 | Rule 2.253(a)
Self-represented parties, though exempt from mandatory electronic filing, are encouraged to participate voluntarily in electronic filing and service.
Although this rule exempts self-represented parties from any mandatory electronic filing and service requirements, these parties are encouraged to participate voluntarily in electronic filing and service.
Page 1 | Advisory Committee Comment - subdivision (b)(2)
Court-ordered electronic filing under subdivision (c) is not subject to the requirement that the court and parties have access to more than one electronic filing service provider.
Court-ordered electronic filing under this subdivision is not subject to the provisions in (b) and Code of Civil Procedure section 1010.6 requiring that, where mandatory electronic filing and service are established by local rule, the court and the parties must have access to more than one electronic filing service provider.
Page 1 | Advisory Committee Comment - subdivision (c)
A court's order may provide that documents previously filed in paper may be resubmitted electronically, and that receipt of the court's confirmation of filing constitutes service if the filed document is available electronically.
The court's order may also provide that: (A) Documents previously filed in paper form may be resubmitted in electronic form; and (B) When the court sends confirmation of filing to all parties, receipt of the confirmation constitutes service of the filing if the filed document is available electronically.
Page 1 | Rule 2.253(c)(5)(A)
Filing Timing and Cure Windows
Moving and supporting papers must be served and filed according to CCP section 1005 unless the court orders otherwise or law provides otherwise.
Unless otherwise ordered or specifically provided by law, all moving and supporting papers must be served and filed in accordance with Code of Civil Procedure section 1005 and, when applicable, the statutes and rules providing for electronic filing and service.
Page 1 | (a) In general
A paper is deemed timely filed if submitted before the courtroom closes to the public on the day on which the paper is due.
A paper submitted before the close of the clerk's office to the public on the day the paper is due is deemed timely filed.
Page 1 | (e) Computation of time
A court may adopt a local rule that electronic filings received before midnight on a court day are deemed filed that same court day.
Under rules 2.253(b)(7) and 2.259(c), a court may provide by local rule that a paper that is required to be filed electronically and that is received electronically by the court before midnight on a court day is deemed filed on that court day.
Page 1 | (e) Computation of time
Even if the applicant failed to comply with rule 3.1203, the clerk must not reject an ex parte application for filing and must promptly present it to the appropriate judicial officer for consideration.
Notwithstanding the failure of an applicant to comply with the requirements of rule 3.1203, the clerk must not reject an ex parte application for filing and must promptly present the application to the appropriate judicial officer for consideration.
Page 1 | Rule 3.1205. Filing and presentation of the ex parte application
A document is deemed filed on the date and time specified in the court's filing confirmation.
If the document received by the court under (1) complies with filing requirements and all required filing fees have been paid, the court must promptly send the electronic filer confirmation that the document has been filed. The filing confirmation must indicate the date and time of filing and is proof that the document was filed on the date and at the time specified.
Page 1 | Confirmation of receipt and filing of document
If a court e-filing system outage prevents acceptance, a document is deemed filed on the day of the demonstrated filing attempt, except for complaints and initial pleadings.
If a technical problem with a court's electronic filing system prevents the court from accepting an electronic filing on a particular court day, and the electronic filer demonstrates that he or she attempted to electronically file the document on that day, the court must deem the document as filed on that day. This subdivision does not apply to the filing of a complaint or any other initial pleading in an action or proceeding.
Page 1 | Delayed delivery
Order confirming sale of real estate will not be filed until required bond is filed.
If a bond or additional bond is required in an order confirming sale of real estate, the court must not file the order until the additional bond is filed.
Page 20 | Rule 7.206
Parties must serve and file timely written objections or responses when a matter is continued, or risk waiver of same.
If the court continues a matter to allow a written objection or response to be made, and the responding or objecting party fails to serve and file a timely objection or response, the court may deem the objections or responses waived.
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Expedited approval petitions must be determined within 35 days of filing, unless a hearing is required or time is extended for good cause.
A petition for expedited approval must be determined by the court not more than 35 days after it is filed, unless a hearing is requested, required, or scheduled under (c), or the time for determination is extended for good cause by order of the court.
Page 48
Guardians must file status reports no later than one month after the anniversary of their appointment order.
Each guardian required by the court to complete, sign, and file the status report authorized by Probate Code section 1513.2 must file the completed and signed report no later than one month after the anniversary of the date of the order appointing him or her as guardian. Co-guardians may sign and file their reports jointly.
Page 56
Post-move notice of ward residence change must be filed with the court within 30 days of the change.
The guardian of the person of a minor must file a notice of a change of the ward’s residence with the court within 30 days of the date of any change.
Page 65 | Rule 7.1013(c)
Post-move residence notices must be filed within 30 days of change, with proof of mailing.
The conservator must file a notice of the change of the conservatee’s residence with the court within 30 days of the date of the change. Unless waived by the court for good cause to prevent harm to the conservatee, the conservator must mail a copy of the notice to the persons named below and file a proof of mailing with the original notice filed with the court.
Page 92 | Rule 7.1063(c)
Appointed attorneys must notify the court in writing within five court days of State Bar disciplinary action, detailing charges, disposition, and terms.
An appointed attorney must notify the court in writing within five court days of any disciplinary action taken against the attorney by the State Bar of California. The notification must describe the charges, disposition, and terms of any reproof, probation, or suspension.
Page 101 | Rule 7.1105(c)
Oppositions to motions to seal under section 5976.5(e) must be filed within 10 court days of service.
Any opposition to the motion must be filed within 10 court days of the date of service in (2).
Page 102 | Rule 7.2210(c)(3)
Court must provide at least five court days’ notice of hearing on motion to seal if opposition is filed.
The court may grant the motion without a hearing or, if timely opposition is filed, set a hearing on the motion, and provide at least five court days’ notice to all parties.
Page 103 | Rule 7.2210(c)(5)
Transferring court must inquire about transferred proceeding if no receipt notice is received within 60 days of transfer order.
If the transferring court has not received a notification of receipt within 60 days of the transfer order, it must make a reasonable inquiry into the status of the transferred proceeding.
Page 106 | Rule 7.2223(b)(4)
At least five court days’ notice of initial appearance must be given to specified parties.
The county must give at least five court days’ notice of the date, time, and location of the initial appearance under section 5977(b) to the respondent and the respondent’s counsel, the petitioner and the petitioner’s counsel unless the county behavioral health agency is the petitioner, and, if the respondent does not reside in the county where the petition is filed, the county behavioral health agency in the respondent’s county of residence and the agency’s counsel.
Page 108 | Rule 7.2235(b)(1)
At least five court days’ notice of post-initial appearance hearings must be given to specified parties.
The county must give at least five court days’ notice of any hearing after the initial appearance to the respondent, the respondent’s counsel, any local government entity the court has joined as a party to the proceedings, and, with the respondent’s express consent given in writing or orally in court, the respondent’s supporter.
Page 109 | Rule 7.2235(c)(1)
Hearing on order to show cause to join local government entity must be set no fewer than 15 calendar days after order issuance.
Set the hearing on the order to show cause no fewer than 15 calendar days after the date of the order’s issuance.
Page 110 | Rule 7.2240(a)(2)
When an action is initiated the same day a TRO or OSC is sought, the complaint must be filed before the TRO or OSC application.
If the action is initiated the same day a TRO or an OSC is sought, the complaint must be filed first.
Page 1 | Filing of complaint or obtaining of court file
When an electronic copy is filed in an original-document proceeding, the original must be filed within 10 calendar days.
In a proceeding that requires the filing of an original document, an electronic filer may file an electronic copy of a document if the original document is then filed with the court within 10 calendar days.
Page 1 | (e) Original documents
The effective date of filing for electronically received documents is prescribed by Code of Civil Procedure section 1010.6, and such documents must satisfy all legal filing requirements to become official court records.
The effective date of filing any document received electronically is prescribed by Code of Civil Procedure section 1010.6. This provision concerns only the effective date of filing. Any document that is received electronically must be processed and satisfy all other legal filing requirements to be filed as an official court record.
Page 1 | Rule 2.253(b)(6)
On the court's own motion for court-ordered e-filing, the court must mail notice to non-consenting parties, may e-serve consenting parties, and any party may file an opposition within 10 days after notice.
If the court proposes to make any order under (1) on its own motion, the court must mail notice to any parties that have not consented to receive electronic service. The court may electronically serve the notice on any party that has consented to receive electronic service. Any party may serve and file an opposition within 10 days after notice is mailed or electronically served or such later time as the court may specify.
Page 1 | Rule 2.253(c)(3)
A newly added party ordered to electronically file documents may object within 10 days after service of the order, or by such later time as the court may specify.
If the court has previously ordered parties in a case to electronically file documents and a new party is added that the court determines should also be ordered to do so under (1), the court may follow the notice procedures under (2) or may order the party to electronically file documents and in its order state that the new party may object within 10 days after service of the order or by such later time as the court may specify.
Page 1 | Rule 2.253(c)(4)
Papers must not be rejected solely because they were untimely filed, but if the court declines to consider a late paper, it must say so in the minutes or order.
No paper may be rejected for filing on the ground that it was untimely submitted for filing. If the court, in its discretion, refuses to consider a late filed paper, the minutes or order must so indicate.
Page 1 | (d) Filing of late papers
The other parties have five days after service to notify the prevailing party whether they approve the proposed order, and failure to respond is deemed approval.
Within five days after service, the other party or parties must notify the prevailing party as to whether or not the proposed order is so approved. The opposing party or parties must state any reasons for disapproval. Failure to notify the prevailing party within the time required shall be deemed an approval.
Page 1 | Rule 3.1312(a)
Statutory or rule-based extensions of time based on the method of service do not apply to the five-day periods in this rule.
The extensions of time based on a method of service provided under any statute or rule do not apply to this rule.
Page 1 | Rule 3.1312(a)
Within five days of service of a production demand, the party must make the original signed document available for inspection and copying by all other parties.
Within five days of service of the demand under (A), the party or other person on whom the demand is made must make the original signed document available for inspection and copying by all other parties.
Page 1 | (b) Documents signed under penalty of perjury
After reviewing documents, the court must promptly send the filer and the filing service provider either a confirmation of filing or a notice of rejection, per rule 2.259.
After reviewing the documents, the court must promptly transmit to the electronic filing service provider and the electronic filer the court's confirmation of filing or notice of rejection of filing, in accordance with rule 2.259.
Page 1 | Rule 2.255(d)(3)
The electronic filer is responsible for verifying that the court received and filed an electronically submitted document.
In the absence of the court's confirmation of receipt and filing, there is no presumption that the court received and filed the document. The electronic filer is responsible for verifying that the court received and filed any document that the electronic filer submitted to the court electronically.
Page 1 | Confirmation of receipt and filing of document
The court must promptly send the electronic filer a notice stating the reasons a document was rejected for filing.
If the clerk does not file a document because it does not comply with applicable filing requirements or because the required filing fee has not been paid, the court must promptly send notice of the rejection of the document for filing to the electronic filer. The notice must state the reasons that the document was rejected for filing.
Page 1 | Notice of rejection of document for filing
If the proposed order and required undertaking are not presented within the time allowed, the TRO may be vacated without notice.
If the proposed order and the undertaking required are not presented within the time allowed, the TRO may be vacated without notice.
Page 1 | Undertaking
Unless otherwise ordered, a previously granted restraining order remains in effect during the time allowed for presenting the order of injunction and undertaking.
Unless otherwise ordered, any restraining order previously granted remains in effect during the time allowed for presentation for signature of the order of injunction and undertaking.
Page 1 | Undertaking
Submitting a document electronically does not change any applicable filing deadline.
Filing a document electronically does not alter any filing deadline.
Page 1 | (c) No effect on filing deadline
An electronic filing service provider must promptly send the filer a receipt confirmation, to the filer's electronic service address, indicating the date and time the document was received.
An electronic filing service provider must promptly send to an electronic filer its confirmation of the receipt of any document that the filer has transmitted to the provider for filing with the court. The electronic filing service provider must send its confirmation to the filer's electronic service address and must indicate the date and time of receipt, in accordance with rule 2.259(a).
Page 1 | Rule 2.255(d)(1)-(2)
A document is considered received at the date and time the court's confirmation of receipt is created.
When a court receives an electronically submitted document, the court must promptly send the electronic filer confirmation of the court's receipt of the document, indicating the date and time of receipt. A document is considered received at the date and time the confirmation of receipt is created.
Page 1 | Confirmation of receipt and filing of document
Service and Proof of Service Rules
Any paper filed in court must be accompanied by proof that a copy was served on each party required to be served before the filing.
"Serve and file" means that a paper filed in a court must be accompanied by proof of prior service of a copy of the paper on each party required to be served under the rules in this chapter.
Page 1 | Rule 3.501. Definitions
Papers submitted to an assigned judge must be delivered to that judge at a designated court address and be accompanied by proof of prior service; papers are instead submitted to the Chair of the Judicial Council if there is no assigned judge or if the paper is a rule 3.511(a) type.
"Serve and submit" means that a paper to be submitted to an assigned judge under the rules in this chapter must be submitted to that judge at a designated court address. Every paper so submitted must be accompanied by proof of prior service on each party required to be served under the rules in this chapter. If there is no assigned judge or if the paper is of a type included in rule 3.511(a), the paper must be submitted to the Chair of the Judicial Council.
Page 1 | Rule 3.501. Definitions
Proof of service for moving papers must be filed at least five court days before the hearing.
Proof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing.
Page 1 | (c) Time for filing proof of service
Within five days of the ruling, the prevailing party must serve the proposed order using a method that ensures delivery to all other parties by the close of the next business day.
Unless the parties waive notice or the court orders otherwise, the party prevailing on any motion must, within five days of the ruling, serve by any means authorized by law and reasonably calculated to ensure delivery to the other party or parties no later than the close of the next business day a proposed order for approval as conforming to the court's order.
Page 1 | Rule 3.1312(a)
Electronic filers must immediately notify the court and all parties of any change to their electronic service address, if they have consented to or are required to accept e-service.
Immediately provide the court and all parties with any change to the electronic filer's electronic service address. This only applies when the electronic filer has consented to or is required to accept electronic service.
Page 1 | Rule 2.256(a)(5)
Electronic filers who use an electronic filing service provider must supply that provider with the address for receiving documents and immediately report any change to that address.
If the electronic filer uses an electronic filing service provider, provide the electronic filing service provider with the electronic address at which the filer is to be sent all documents and immediately notify the electronic filing service provider of any change in that address.
Page 1 | Rule 2.256(a)(6)
Electronic filers must furnish one or more electronic service addresses as the court specifies, but only if they have consented to or are required to accept e-service.
Furnish one or more electronic service addresses, in the manner specified by the court. This only applies when the electronic filer has consented to or is required to accept electronic service.
Page 1 | Rule 2.256(a)(4)
Parties required to file electronically must also serve and accept service of documents electronically, subject to exceptions for personal service, court orders, and self-represented parties.
Except when personal service is otherwise required by statute or rule, a party or other person that is required to file documents electronically in an action must also serve documents and accept service of documents electronically from all other parties or persons, unless: (A) The court orders otherwise, or (B) The action includes parties or persons that are not required to file or serve documents electronically, including self-represented parties or other self-represented persons; those parties or other persons are to be served by non-electronic methods unless they affirmatively consent to electronic service.
Page 1 | Rule 2.251(c)(3)
A party whose electronic service address changes while the case is pending must promptly file and serve a notice of change of address.
A party or other person whose electronic service address changes while the action or proceeding is pending must promptly file a notice of change of address electronically with the court and must serve this notice electronically on all other parties and all other persons required to be served.
Page 1 | Rule 2.251(g)(1)
Proof of electronic service of moving papers must be filed at least five court days before the hearing.
Under rule 3.1300(c), proof of electronic service of the moving papers must be filed at least five court days before the hearing.
Page 1 | Rule 2.251(j)(2)
Documents may not be electronically served on a nonparty without the nonparty's consent or as provided by law or court order.
A document may not be electronically served on a nonparty unless the nonparty consents to electronic service or electronic service is otherwise provided for by law or court order.
Page 1 | Rule 2.251(f)(2)
Notices mailed to multiple people in the same household must be sent separately to each person.
Notices mailed to more than one person in the same household must be sent separately to each person.
Page 1 | Rule 7.51(a)(3)
Notices mailed in care of another person are insufficient unless the recipient is an adult who directed in writing that the notice be sent in care of that person.
A notice mailed to a person in care of another person is insufficient unless the person entitled to notice is an adult and has directed the party giving notice in writing to send the notice in care of the second person.
Page 1 | Rule 7.51(a)(2)
Notices sent by mail under Probate Code section 1220 must be mailed individually and directly to the person entitled to notice.
Except as otherwise permitted in the Probate Code, a notice sent by mail under Probate Code section 1220 must be mailed individually and directly to the person entitled to notice.
Page 1 | Rule 7.51(a)(1)
Notice must be sent to a person's appointed guardian or conservator.
When a guardian or conservator has been appointed for a person entitled to notice, the notice must be sent to the guardian or conservator.
Page 1 | Rule 7.51(c)(1)
ICWA notice must be given as prescribed in rule 7.1015(e) if an Indian child is the subject of a guardianship or specified conservatorship proceeding.
If the court or the petitioner knows or has reason to know, as described in section 224.2(d) of the Welfare and Institutions Code, that an Indian child is the subject of a guardianship or specified conservatorship proceeding, notice must be given as prescribed in rule 7.1015(e).
Page 1 | Rule 7.51(f)
Notice to a minor must be sent directly to the minor, with a separate copy to the person(s) having legal custody with whom the minor resides.
Except as permitted in Probate Code section 1460.1 for guardianships, conservatorships, and certain protective proceedings under division 4 of the Probate Code, notice to a minor must be sent directly to the minor. A separate copy of the notice must be sent to the person or persons having legal custody of the minor, with whom the minor resides.
Page 1 | Rule 7.51(d)
A copy of the notice must also be sent to the ward or conservatee unless the court dispenses with it or personal service on a California-resident guardian or conservator applies.
to notice, the notice must be sent to the guardian or conservator. (2) A copy of the notice must also be sent to the ward or conservatee unless: (A) The court dispenses with such notice; or (B) Under Probate Code section 1210 in a decedent's estate proceeding, the notice is personally served on
Page 1 | Rule 7.51(c)(2)
Notice to persons represented by attorney must be sent per Probate Code 1214.
If a notice is required or permitted to be given to a person who is represented by an attorney of record in the proceeding, the notice must be sent as required in Probate Code section 1214.
Page 11 | Rule 7.51(b)
Multiple notices mailed to same household must be sent separately.
Notices mailed to more than one person in the same household must be sent separately to each person.
Page 11 | Rule 7.51(a)(3)
Notices sent by mail under Probate Code 1220 must be mailed individually and directly to the entitled person.
Except as otherwise permitted in the Probate Code, a notice sent by mail under Probate Code section 1220 must be mailed individually and directly to the person entitled to notice.
Page 11 | Rule 7.51(a)(1)
Notice mailed in care of another is insufficient unless adult with written direction.
A notice mailed to a person in care of another person is insufficient unless the person entitled to notice is an adult and has directed the party giving notice in writing to send the notice in care of the second person.
Page 11 | Rule 7.51(a)(2)
Proofs of service of special notice or waivers must be filed with ex parte applications.
Proofs of service of special notice or written waivers of special notice must be filed with the application.
Page 14 | Rule 7.55(c)
Publication of Notice of Petition to Administer Estate (form DE-121) suffices for instruments filed with petition; other instruments require amended petition and new notice.
Publication and service of a Notice of Petition to Administer Estate (form DE-121) under Probate Code sections 8110–8125 is sufficient notice of any instrument offered for probate that is filed with, and specifically referred to in, the petition for which notice is given. Any other instrument must be presented in an amended petition, and a new notice must be published and served.
Page 14 | Rule 7.54
Copies of creditor claim allowance or rejection must be served on the creditor and their attorney.
Serve a copy of the allowance or rejection on the creditor and the creditor’s attorney;
Page 22 | Rule 7.401(2)
Removed/resigned conservators must deliver final account and settlement petition to successor conservator per Probate Code 1215, unless court dispenses notice.
A conservator of the estate who has resigned or been removed must deliver a copy of the conservator’s final account and the petition for its settlement with the notice of hearing required by Probate Code section 1460(b)(1) to the successor conservator of the estate in any manner permitted by Probate Code section 1215, unless the court dispenses with that notice.
Page 30 | Rule 7.576(b)
Conservators must deliver final account and settlement petition to former conservatee and spouse/domestic partner per Probate Code 1215, unless court dispenses notice.
After termination of a conservatorship, a conservator of the estate must deliver a copy of the conservator’s final account and the petition for its settlement with the notice of hearing required by Probate Code section 1460(b)(1) to the former conservatee and the spouse or domestic partner of the former conservatee in any manner permitted by Probate Code section 1215, unless the court dispenses with that notice.
Page 30 | Rule 7.576(c)
Guardians must serve final account and settlement petition on the minor upon guardianship termination, unless court dispenses.
In addition to service of notices of hearing required under Probate Code section 1460(b), on termination of the guardianship the guardian of the estate must serve a copy of the guardian’s final account and petition for its settlement on the minor, unless the court dispenses with such service.
Page 58
Resigned/removed guardians must serve final account, settlement petition, and hearing notice on successor guardian unless court dispenses.
A resigned or removed guardian of the estate must serve a copy of the guardian’s final account or report and the petition for its settlement, with the notice of hearing that must be served on the successor guardian of the estate under Probate Code section 1460(b)(1), unless the court dispenses with such service.
Page 58
Unless waived, post-move notice must be mailed to specified persons with proof of mailing filed with original.
Unless waived by the court for good cause to prevent harm to the ward, the guardian, the guardian’s attorney, or an employee of the guardian’s attorney must also mail a copy of the notice to the persons listed below and file a proof of mailing with the original notice.
Page 65 | Rule 7.1013(c)
Pre-move notice of ward residence change must be mailed 15 days before change, original filed with proof of mailing.
Unless an emergency requires a shorter period of notice, the guardian of the person must mail copies of a notice of an intended change of the ward’s personal residence to the persons listed below at least 15 days before the date of the proposed change and file the original notice with proof of mailing with the court.
Page 65 | Rule 7.1013(a)
Pre-move residence change notices must be mailed 15 days before change, original filed with proof of mailing.
Unless an emergency requires a shorter period of notice, the conservator of the person must mail copies of a notice of an intended change of the conservatee’s personal residence to the persons listed below at least 15 days before the date of the proposed change, and file the original notice with proof of mailing with the court.
Page 91 | Rule 7.1063(a)
Motions to seal under section 5976.5(e) must be served on other parties by close of the next court day after filing.
The respondent must serve the motion to seal on the other parties not later than the close of the next court day after the motion is filed.
Page 102 | Rule 7.2210(c)(2)
Clerk of transferring court must mail transfer order and notice to petitioner, respondent, counsel, and county behavioral health agencies.
The clerk of the transferring court must mail notice and a copy of the order to: (A) The petitioner and petitioner’s counsel, if any; (B) A former petitioner to whom the court has assigned notice rights under section 5977(b)(7)(B)(ii), if any; (C) The respondent, the respondent’s counsel, if any, and, with the respondent’s express consent given in writing or orally in court, the respondent’s supporter, if any; (D) The county behavioral health agency of the county in which the petition was filed and the agency’s counsel, if the agency is not the petitioner; (E) The county behavioral health agency in the respondent’s county of residence and the agency’s counsel.
Page 105 | Rule 7.2223(b)(1)
Transferring court clerk must transmit certified copy of transfer order and all case papers to receiving court.
The clerk of the transferring court must transmit to the clerk of the receiving court a certified copy of the order and all papers on file in the proceeding.
Page 106 | Rule 7.2223(b)(2)
Receiving court must send written notification of receipt to transferring court upon receiving transferred case file.
When a court receives the case file of a transferred proceeding, the receiving court must send written notification of receipt to the transferring court.
Page 106 | Rule 7.2223(b)(3)
Notice to respondent of report order must be served personally or by alternative method, with proof requirements for non-personal service.
Before engaging the respondent and preparing a report ordered under section 5977(a)(3)(B), the county agency ordered to file the report and serve notice of that order must give written notice to the respondent by serving the respondent personally or, if personal service is not practicable, by any method reasonably calculated to give the respondent actual notice. Proof of service on the respondent by any method other than personal service must include an explanation why personal service is impracticable and why the alternative method of service used is reasonably calculated to give the respondent actual notice.
Page 107 | Rule 7.2235(a)(1)
Initial appearance notice to respondent must be personal or alternative service, with proof requirements for non-personal service.
Notice must be served personally on the respondent or, if personal service is not practicable, by any method reasonably calculated to give the respondent actual notice. Proof of service on the respondent by any method other than personal service must include an explanation why personal service is impracticable and why the alternative method of service used is reasonably calculated to give the respondent actual notice.
Page 108 | Rule 7.2235(b)(3)(A)
County agency must serve notice of extended report deadline within five calendar days of order on form CARE-106.
If the court grants the county agency additional time to engage the respondent in voluntary treatment and services before filing the report, the county agency must, within five calendar days of the order, serve written notice of the extended report deadline on the respondent, the respondent’s counsel, and the petitioner on form CARE-106 as provided in (d).
Page 108 | Rule 7.2235(a)(5)
Post-initial appearance hearing notice to respondent must be personal/alternative service, include form CARE-113, with proof requirements for non-personal service.
Notice to the respondent must be served personally or, if personal service is not practicable, by any method reasonably calculated to give the respondent actual notice and include a copy of Notice of Respondent’s Rights—CARE Act Proceedings (form CARE-113). Proof of service on the respondent by any method other than personal service must include an explanation why personal service is impracticable and why the alternative method of service used is reasonably calculated to give the respondent actual notice.
Page 109 | Rule 7.2235(c)(3)
Order to show cause to join local government entity must be served on the entity in the manner of a summons under CCP 415.10 and 416.50.
The moving party must serve the order to show cause on the local government entity in the manner of a summons as provided in Code of Civil Procedure sections 415.10 and 416.50.
Page 110 | Rule 7.2240(b)
Filing Fees and Waivers
No electronic filing service fee may be charged when a prosecutor, an indigent defendant, or that defendant's court-appointed counsel files a document in a criminal action.
Electronic filing service providers and electronic filing managers may not charge a service fee when an electronic filer files a document in a criminal action when the electronic filer is a prosecutor, an indigent defendant, or court appointed counsel for an indigent defendant.
Page 1 | Rule 2.255(h)(1)
Initial court fee waivers are available for probate fiduciaries and parties in civil actions with conservators/guardians based on financial condition.
Rule 7.5. Waivers of court fees in decedents’ estates, conservatorships, and guardianships (a) Scope of rule This rule governs initial fee waivers, as defined in rule 3.50(b), that are requested by petitioners for the appointment of fiduciaries, or by fiduciaries after their appointment, in decedents’ estates, conservatorships, and guardianships under the Probate Code. The rule also governs initial fee waivers in other civil actions or proceedings in which conservators or guardians are parties representing the interests of their conservatees or wards.
Page 3 | Rule 7.5. Waivers of court fees
The court may later order that previously waived fees and costs be paid.
As provided in Government Code sections 68636 and 68637, the court may, at a later time, determine that the previously waived fees and costs be paid.
Page 1 | Rule 3.50. Application of rules (a) Application
A fee waiver may later be ended, modified, or retroactively withdrawn if the court determines the applicant is not eligible.
As provided in Government Code sections 68631 and following, any waiver may later be ended, modified, or retroactively withdrawn if the court determines that the applicant is not eligible for the waiver.
Page 1 | Rule 3.50. Application of rules (a) Application
The court may preliminarily determine a personal representative is no longer eligible for a fee waiver based on estate value estimates, with notice and hearing required.
The court may make a preliminary determination under Government Code section 68636(b) that the petitioner's appointment as fiduciary is a change of financial condition that makes the petitioner no longer eligible for an initial fee waiver based, in whole or in part, on the estimates of estate value and income contained in the petitioner's Petition for Probate. In that event, the court must give notice and conduct the hearing required by section 68636(b).
Page 1 | (d)(1)(C) Effect of appointment of a personal representative
The financial condition of a conservatee or ward includes support obligations of others, community property interests, and rights to trust or contract distributions.
The financial condition of the conservatee or ward for purposes of this rule includes: (A) The financial condition-to the extent of the information known or reasonably available to the conservator or guardian, or the petitioner for the conservator's or guardian's appointment, upon reasonable inquiry-of any person who has a duty to support the conservatee or ward, including a spouse, registered domestic partner, or parent. A divorced spouse's or divorced registered domestic partner's duty to support a conservatee and a parent's duty to support a ward under this subparagraph is limited to the amount of support ordered by a court. Consideration of a support order as an element of the conservatee's or ward's financial condition under this rule is subject to the provisions of Government Code sections 68637(d) and (e), concerning the likelihood that the obligated person will pay all or any portion of the support ordered by the court; (B) A conservatee's interest in community property that is outside the conservatorship estate and under the management or control of the conservatee's spouse or registered domestic partner; and (C) The right to receive support, income, or other distributions from a trust or under a contract.
Page 1 | (e)(1) Financial condition of the conservatee or ward
The court may collect previously waived fees from a conservatee's or ward's estate if it has the ability to pay, with notice and hearing required.
Upon establishment of a conservatorship or guardianship of the estate or person and estate, the court may collect all or a portion of court fees previously waived from the estate of the conservatee or ward if the court finds that the estate has the ability to pay the fees, or a portion thereof, immediately, over a period of time, or under some other equitable agreement, without using moneys that normally would pay for the common necessaries of life for the conservatee or ward and his or her family. The court must comply with the notice and hearing requirements of the second paragraph of Government Code section 68634(e)(5) to make the findings authorized in this paragraph.
Page 1 | (h)(1) Termination or modification of previously granted initial fee waivers
A personal representative's continued fee waiver eligibility is based on the combined financial condition of the petitioner and the decedent's estate.
The petitioner's continued eligibility for an initial fee waiver must be based on the combined financial condition of the petitioner and the decedent's estate.
Page 1 | (d)(1)(A) Effect of appointment of a personal representative
A decedent's estate must pay previously waived fees and costs as an allowable expense of administration if the waiver is withdrawn.
If the financial condition of a decedent's estate is a change of financial condition of a fee waiver applicant under this rule that results in withdrawal of a previously granted initial waiver of fees in favor of a petitioner for the appointment of a personal representative, the estate must pay to the court, as an allowable expense of administration, the fees and costs previously waived.
Page 1 | (g) Payment of previously waived court fees by a decedent's estate
Reconsideration or modification of a fee waiver in a conservatorship of the person requires notice and hearing, with the conservator or guardian appearing on behalf of the conservatee or ward.
In a conservatorship or guardianship of the person, if the court seeks to reconsider or modify a court fee waiver previously granted based on collection, application, or consideration of support, assets, or income described in (e), it must proceed as provided in Government Code section 68636 and comply with the notice and hearing requirements of the second paragraph of Government Code section 68634(e)(5), including notice to the conservator or guardian, any support obligor, and any person in possession of the assets or income. The conservator or guardian must appear at the hearing on behalf of the conservatee or ward, and the court may also appoint counsel for the conservatee or ward under Probate Code section 1470.
Page 1 | (h)(2) Termination or modification of previously granted initial fee waivers
Applicants for fee waivers must complete forms FW-001-GC and, if applicable, FW-002-GC, including items 2a and 2b.
Conservators, guardians, and petitioners for their appointment applying for initial fee waivers under this rule represented by legal counsel, and their counsel, must complete the Request to Waive Court Fees (Ward or Conservatee) (form FW-001-GC), including items 2a and 2b, and, if a request to waive additional court fees is made, the Request to Waive Additional Court Fees (Superior Court) (Ward or Conservatee) (form FW-002-GC), including items 2a and 2b.
Page 1 | (j)(2) Advances of court fees and costs by legal counsel
An appointed personal representative may apply for a fee waiver based on the combined financial condition of the representative and the estate.
The appointed personal representative may apply for an initial fee waiver. The application must be based on the combined financial condition of the personal representative and the decedent's estate.
Page 1 | (d)(2)(B) Effect of appointment of a personal representative
A conservator or guardian is the person who received the initial fee waiver and must report changes in the conservatee's or ward's financial condition.
Following the appointment of a conservator or guardian and the grant of an initial fee waiver based on the financial condition of the conservatee or ward, the conservator or guardian is the "person who received the initial fee waiver" for purposes of Government Code section 68636(a), whether or not he or she was the successful applicant for the initial waiver. The conservator or guardian must report to the court any changes in the financial condition of the conservatee or ward that affects his or her ability to pay all or a portion of the court fees and costs that were initially waived, including any changes in the financial condition of the persons or property mentioned in subparagraphs (1)(A) and (1)(B) of this subdivision of which the conservator or guardian becomes aware after reasonable investigation.
Page 1 | (e)(2) Financial condition of the conservatee or ward
In civil actions where a conservator or guardian represents a conservatee or ward, the conservator or guardian must notify the court of changes in financial condition.
In a civil action in which a conservator or guardian is a party representing the interests of a conservatee or ward against another party or parties, for purposes of Government Code sections 68631.5, 68636, and 68637: (1) The conservator or guardian is the person with a duty to notify the court of a change of financial condition under section 68636(a) and the person the court may require to appear at a court hearing under sections 68636(b) and (c); (2) The conservatee or ward and the persons identified in subparagraphs (1)(A) and (B) of subdivision (e) of this rule is the person or persons whose change of financial condition or circumstances of which the court is to be notified under section 68636(a); and (3) The conservatee or ward is the person or party whose initial fees and costs were initially waived under sections 68636(c) and 68637.
Page 1 | (i) Civil actions in which a conservator or guardian is a party
Fee waiver applications for appointment of a personal representative must be based on the petitioner's personal financial condition.
A petitioner for the appointment of a personal representative of a decedent's estate must base an application for an initial fee waiver on the petitioner's personal financial condition.
Page 1 | (c) Court fee waiver requested by a petitioner for the appointment of a personal representative of a decedent's estate
A personal representative must notify the court of any change in financial condition affecting ability to pay waived court fees and costs.
Upon marshaling or collecting assets of the decedent's estate following the petitioner's appointment and qualification as personal representative, the petitioner must notify the court of a change in financial condition under Government Code section 68636(a) that may affect his or her ability to pay all or a portion of the waived court fees and costs.
Page 1 | (d)(1)(B) Effect of appointment of a personal representative
Fee waiver applications for conservator or guardian appointments must be based on the proposed conservatee's or ward's personal financial condition.
A petitioner for the appointment of a conservator or guardian of the person, estate, or person and estate of a conservatee or ward must base an application for an initial fee waiver on the personal financial condition of the proposed conservatee or ward.
Page 1 | (b) Court fee waiver requested by a petitioner for the appointment of a conservator or guardian
An electronic filing service provider may be allowed to charge electronic filers a reasonable fee in addition to the court's filing fee.
Allow the provider to charge electronic filers a reasonable fee in addition to the court's filing fee;
Page 1 | Rule 2.255(b)(1)(A)
While payment information cannot be required to open an account, a provider may require it before rendering services unless the services are covered by a court-granted fee waiver.
This provision applies only to the creation of an account and not to the use of an electronic filing service provider's services. An electronic filing service provider may require a filer to provide a credit card, debit card, or bank account information before rendering services unless the services are within the scope of a fee waiver granted by the court to the filer.
Page 1 | Rule 2.255(f)(1)-(2)
An electronic filing service provider may not require a credit or debit card or bank account information when a filer creates an account.
An electronic filing service provider may not require a filer to provide a credit card, debit card, or bank account information to create an account with the electronic filing service provider.
Page 1 | Rule 2.255(f)(1)
Fees charged by the court or an electronic filing service provider must be consistent with the fee provisions of Code of Civil Procedure section 1010.6.
Any fees charged by the court or an electronic filing service provider shall be consistent with the fee provisions of Code of Civil Procedure section 1010.6.
Page 1 | Rule 2.253(b)(5)
Initial fee waivers in probate matters (decedents' estates, conservatorships, guardianships) are governed by rule 7.5 rather than this division.
Initial fee waivers in decedents' estate, probate conservatorship, and probate guardianship proceedings or involving guardians or conservators as parties on behalf of their wards or conservatees are governed by rule 7.5.
Page 1 | Rule 3.50. Application of rules (c) Probate fee waivers
"Initial fee waiver" is defined as the initial waiver of court fees and costs that may be granted at any stage of the proceedings, covering fees and costs under rules 3.55 and 3.56.
For purpose of the rules in this division, "initial fee waiver" means the initial waiver of court fees and costs that may be granted at any stage of the proceedings and includes both the fees and costs specified in rule 3.55 and any additional fees and costs specified in rule 3.56.
Page 1 | Rule 3.50. Application of rules (b) Definitions
This division's rules govern applications for an initial waiver of court fees and costs based on the applicant's financial condition.
The rules in this division govern applications in the trial court for an initial waiver of court fees and costs because of the applicant's financial condition.
Page 1 | Rule 3.50. Application of rules (a) Application
Government Code section 68633(g) regarding counsel advancing court fees and costs applies to these proceedings.
Government Code section 68633(g)-concerning agreements between applicants for initial court fee waivers and their legal counsel for counsel to advance court fees and costs and court hearings to determine the effect of the presence or absence of such agreements on the applications-applies to proceedings described in this rule.
Page 1 | (j)(1) Advances of court fees and costs by legal counsel
Fee waivers expire on the later of termination of proceedings or discharge of the personal representative, conservator, or guardian.
and guardianships "Final disposition of the case" in decedent's estate, conservatorship, and guardianship proceedings for purposes of determining the expiration of fee waivers under Government Code section 68639 occurs on the later of the following events: (1) Termination of the proceedings by order of court or under operation of law in conservatorships and guardianships of the person; or (2) Discharge of personal representatives of decedents' estates and discharge of conservators or guardians
Page 1 | (k) Expiration of initial court fee waivers
The court may consider estate liquidity, support needs, and specific devises in determining estate financial condition for fee waiver purposes.
The financial condition of the decedent's, conservatee's, or ward's estate for purposes of this rule may, in the court's discretion, include consideration of: (A) The estate's liquidity; (B) Whether estate property or income is necessary for the support of a person entitled to a family allowance from the estate of a decedent, the conservatee or a person entitled to support from the conservatee, or the ward; or (C) Whether property in a decedent's estate is specifically devised.
Page 1 | (f)(1) Additional discretionary factors
The court may order an equitable arrangement for payment of court fees, including a lien against distributable estate property.
If property of the estate is eliminated from consideration for initial court fee waiver purposes because of one or more of the factors listed in (1), the court may determine that the estate can pay a portion of court fees, can pay court fees over time, or can pay court fees at a later time, under an equitable arrangement within the meaning of Government Code sections 68632(c) and 68634(e)(5). An equitable arrangement under this paragraph may include establishment of a lien for initially waived court fees against property distributable from a decedent's estate or payable to the conservatee or ward or other successor in interest at the termination of a conservatorship or guardianship.
Page 1 | (f)(2) Additional discretionary factors
A fee waiver for a non-appointed petitioner continues for fees incurred in the petitioner's individual capacity.
An initial fee waiver for that petitioner continues in effect according to its terms for subsequent fees incurred by that petitioner in the proceeding solely in his or her individual capacity.
Page 1 | (d)(2)(A) Effect of appointment of a personal representative
A court may permit credit cards, debit cards, electronic fund transfers, or debit accounts for civil filing fees associated with electronic filing, and may also authorize other payment methods.
A court may permit the use of credit cards, debit cards, electronic fund transfers, or debit accounts for the payment of civil filing fees associated with electronic filing, as provided in Government Code section 6159, rule 10.820, and other applicable law. A court may also authorize other methods of payment.
Page 1 | Rule 2.258(a) Use of credit cards and other methods
Eligible persons may seek a waiver of court fees and costs.
Eligible persons may seek a waiver of court fees and costs, as provided in Government Code sections 68630-68641, rule 2.252(f), and division 2 of title 3 of these rules.
Page 1 | Rule 2.258(b) Fee waivers
Sealing & Redaction Procedures
Court may seal ex parte communications and findings if good cause to protect conservatee/ward from harm.
If the court dispenses with disclosure to any party or attorney, it must make written findings in support of its determination of good cause, and preserve the communication received and any response made by the court. The court may place its findings and the preserved communication under seal or otherwise secure their confidentiality.
Page 9 | Rule 7.10(c)(3)
Confidential Guardian Screening Forms are confidential and must be maintained as such by the clerk.
The Confidential Guardian Screening Form and the information contained on the form are confidential. The clerk must maintain these forms in a manner that will protect and preserve their confidentiality.
Page 54
Guardianship status reports are confidential, available only to served parties/attorneys and intervened tribes.
Except as provided in paragraph 2, the clerk must make a status report submitted under Probate Code section 1513.2 available only to persons served in the guardianship proceedings or their attorneys. If the ward is an Indian child and the child’s tribe has intervened in the proceeding, the clerk must also make the status report available to the representative designated by the child’s tribe.
Page 56
Confidential Conservator Screening Form, GC-312, and their contents are confidential; clerk must maintain them confidentially.
The Confidential Conservator Screening Form, the Confidential Supplemental Information statement, and the information contained on these forms are confidential. The clerk must maintain these forms in a manner that will protect and preserve their confidentiality.
Page 83 | Rule 7.1050(c)
Certifications and supporting documents under rule 7.1105 must be kept confidential and not filed in the case file.
The certifications required by this rule and any supporting documentation or information submitted to the court must be maintained confidentially by the court. They must not be filed or lodged in a case file.
Page 101 | Rule 7.1105(e)
All documents in CARE Act proceedings are confidential, with access restricted to specified parties without court order.
All documents filed and all evaluations, reports, and other documents submitted to the court in CARE Act proceedings are confidential, notwithstanding disclosure of their contents during a CARE Act hearing. No person other than the respondent, the respondent’s counsel, the county behavioral health director or the director’s designee, counsel for the director or the director’s designee, and, with the respondent’s express consent given in writing or orally in court, the respondent’s supporter may inspect or copy the case records without a court order.
Page 102 | Rule 7.2210(b)
Clerk must label paper sealed records or securely store and identify electronic sealed records under section 5976.5(e).
If the court grants the motion and the sealed record is in paper format, the clerk must place on the envelope or container of the record a label prominently stating “SEALED BY ORDER OF THE COURT ON (DATE).” If the sealed record is in electronic form, the clerk must file the court’s order, maintain the record ordered sealed in a secure manner, and clearly identify the record as sealed by court order on a specified date.
Page 103 | Rule 7.2210(c)(6)(A)
Motions to seal under section 5976.5(e) are exempt from California Rules of Court 2.550 and 2.551.
Rules 2.550 and 2.551 do not apply to motions to seal records under section 5976.5(e).
Page 103 | Rule 7.2210(c)(7)
Filing Bundling Requirements
Spousal/domestic partner property petitions must be filed separately from probate petitions, under the same case number.
A petition for spousal or domestic partner property determination or confirmation must be filed separately from a petition for probate of will or for letters of administration, even if both petitions are filed at the same time. The two petitions must be filed under the same case number.
Page 22 | Rule 7.301
Chambers Communication Rules
CARE Act court must inform juvenile court of CARE Act petition for respondents within juvenile court jurisdiction, using any suitable communication method.
Upon learning that a respondent is within a juvenile court’s dependency, delinquency, or transition jurisdiction, the CARE Act court must inform the juvenile court that a CARE Act petition has been filed on behalf of that respondent. The court may communicate this information in any suitable manner.
Page 103 | Rule 7.2210(d)(1)